News

6/21/2016
Karen Kirshenbaum Gives Presentation on the Affordable Care Act’s Impact on Damages
At the annual meeting of the Trial Attorneys of America, held in Chicago in June 2016, Karen Kirshenbaum gave a presentation on the Affordable Care Act’s Impact on Damages.

12/22/2014
Motion to Dismiss granted in favor of manufacturer
Supreme Court, New York County granted Lynch Rowin’s motion to dismiss a breach of contract and fraud action brought by a consumer who claimed that a home stereo and security system he had purchased never worked properly. On behalf of the manufacturer of the system, Lynch Rowin successfully argued that the consumer’s claims were all time-barred by the statutes of limitation and could not be maintained because there was no contractual relationship between the consumer and the manufacturer. Thomas Lynch and Marc Rowin represented the manufacturer.

10/6/2014
Marc Rowin selected as a Super Lawyer
For the second year in a row, Marc Rowin has been chosen as a “New York Super Lawyer” for business litigation. Only five percent of attorneys in the New York area are selected for this honor.

8/20/2014
Consumer fraud claims dismissed against online retailer
Lynch Rowin was successful in persuading Supreme Court, New York County to dismiss most of a lawsuit brought by a consumer who claimed that he had ordered and paid for merchandise online which was never delivered. Although the consumer can continue to seek damages for breach of contract, his claims for consumer fraud under the New York General Business Law, common law fraud, negligence, bad faith and public nuisance were dismissed. Marc Rowin and Mark Shirian represented the online retailer.

7/31/2014
Action dismissed against manufacturer where safety feature was bypassed
Supreme Court, Suffolk County granted Lynch Rowin’s motion for summary judgment dismissing a products liability case against its clients, the manufacturer of a ceiling exhaust fan and the fan motor. The lawsuit alleged that the fan motor had caused a fire which damaged several stores. The summary judgment motion established that the fan’s thermal cutoff, a safety feature designed to shut the motor off to prevent overheating, had been tampered with and bypassed after the fan motor had been manufactured; as a result, the manufacturers of the fan and the fan motor could not be held liable for the fire. Thomas Lynch and Marc Rowin represented the manufacturers.

2/14/2014
Judge Dismisses Lawsuit By Person Injuried In Fall In Receiving Area
Karen L. Kirshenbaum’s motion for summary judgment dismissing a premises liability action against one of Lynch Rowin’s clients was granted by Supreme Court, Suffolk County. The plaintiff, who was making a delivery to the client’s retail store, claimed that the store’s receiving area was in a dangerous condition due to the presence of wooden pallets and a conveyer belt which were being used to unload another delivery truck. Plaintiff had stepped onto one of the pallets and was injured when he fell off it. The judge held that summary judgment was warranted because the pallet plaintiff fell from was not an inherently dangerous condition and was readily observable.

2/13/2014
Summary Judgment Granted Upholding Validity of Guarantees
Despite claims that guarantees of certain expenses incurred in connection with the financing of a gas station/convenience store at the Cincinnati/Northern Kentucky International Airport were unenforceable due to fraud and negligent misrepresentation, Supreme Court, New York County granted partial summary judgment in favor of Lynch Rowin’s clients and upheld the validity of the guarantees. Justice Shirley Werner Kornreich held that the claims of unenforceability failed because the guarantees stated that they were absolute and unconditional and contained integration clauses and waivers of defenses. Marc Rowin argued the summary judgment motions, assisted by Jennifer T. Chavez.

1/27/2014
Mark Shirian Joins the Firm
Lynch Rowin is pleased to announce that Mark Shirian has joined the firm as an associate. Mr. Shirian comes to Lynch Rowin with experience in personal injury litigation.

9/27/2013
Marc Rowin selected as a Super Lawyer
Lynch Rowin is pleased to announce that Marc Rowin was selected for inclusion in the 2013 edition of New York Super Lawyers.

2/1/2013
Personal Injury Suit by Employee Dismissed Via Summary Judgment
Plaintiff, a service technician employed by Lynch Rowin's client, brought a personal injury action for injuries allegedly sustained while servicing a television set sold by the employer. Karen L. Kirshenbaum moved for summary judgment dismissing the complaint on the grounds that all of plaintiff's claims against his employer were barred by New York State's Workers' Compensation Law and that no dual capacity doctrine existed in New York. Supreme Court, Bronx County (Hon. L. Suarez), agreed and granted Ms. Kirshenbaum’s motion in its entirety.

7/1/2012
Motion To Dismiss Denied In Dispute Over Warhol Prints
Marc Rowin and Katerina Duarte were successful in defeating a motion to dismiss a lawsuit to determine the ownership of four prints by noted artist Andy Warhol. Lynch Rowin’s client had stored the Warhol prints at a self-storage facility in Los Angeles. Although she had given the self-storage facility her credit card, they claimed she had failed to pay storage charges, imposed a lien and auctioned off her possessions, including the prints. The Warhol prints were then sold at auction at Christie’s, the international auction house. Christie’s agreed to hold the net sales proceeds to allow a court to determine whether Lynch Rowin’s client or the person who had consigned the prints for sale was the rightful owner.

Christie’s consignor asked Supreme Court, New York County to dismiss the lawsuit or, alternatively, to require the issue of ownership to be determined in Los Angeles. Justice Anil Singh denied the motion, holding that Lynch Rowin’s client had stated a valid cause of action and that litigating in New York would not impose an undue burden on New York courts.

6/11/2012
Appellate Term Affirms Lower Court's Finding That Retailer Lawfully Terminated Lease
Marc Rowin and Jennifer Chavez successfully persuaded the Appellate Term to affirm a lower court's decision in favor of a national retail chain. The appellate court ruled that the retailer had lawfully terminated a lease which had ten years remaining until the end of the term, thus saving the retailer $1.4 million in future rent. The retailer had relied on a line of decisions dating back to 1918, which held that a tenant's surrender of possession after the commencement of a dispossess proceeding terminates the lease. The landlord argued that these decisions were no longer good law, because they were based upon the use of a legal document called a "precept," which had been abolished in 1963. Lynch Rowin argued that the "precept" was not the basis of the decisions, which were still in effect.

3/29/2012
Summary Judgment Motion by Co-Defendant Denied
Jennifer Chavez successfully opposed a co-defendant's motion for summary judgment in a complex products liability matter. The co-defendant argued that it had no duty to control the actions of a third-party on its premises. Jennifer argued that that there was a duty, and that the affidavit submitted in support of the motion which contradicted deposition testimony on material issues, alone, created an issue of fact. Honorable Judge Julia Rodriguez denied the motion in its entirety.

1/30/2012
Defense Verdict in Breach of Contract Action
In a breach of contract action pending in Nassau County District Court, plaintiff appealed from a judgment and requested a new trial. Katerina Duarte obtained a defense verdict on behalf of the client.

1/27/2012
Defense Verdict in Breach of Contract Action
After a successful cross-examination of the key witness, Katerina Duarte obtained a defense verdict in a breach of contract case pending in Richmond County Civil Court.

1/2/2012
Jennifer Chavez Promoted to Partner
Lynch Rowin is pleased to announce that Jennifer Chavez has been promoted to partner. Jennifer joined the firm as an associate in 2001 and is a 2000 graduate of Fordham University School of Law.

11/29/2011
Summary Judgment Granted in Favor of Retail Store and Landlord
Jennifer Chavez obtained summary judgment for one of a national retail chain's New York stores and its landlord in a serious personal injury action pending in New York state court. The Honorable W. Gerard Asher dismissed the action in its entirety.

10/1/2011
Favorable Settlement Reached on Copyright Infringement Claim
Katerina Duarte negotiated and obtained a favorable settlement on behalf of our client, an artist, whose works were used without her permission on various ad campaigns throughout the United States.

6/17/2011
Second Circuit Affirms Defense Verdict In Products Liability Action
In the matter State Farm Fire & Cas. Co. v. Nutone, Inc., 426 Fed.Appx. 8, 2011 WL 2417148 (C.A.2 (N.Y.)), Marc Rowin successfully persuaded the Second Circuit Court of Appeals to affirm the lower court's entering of a judgment in our client's favor after a bench trial. The case involved a fire which State Farm contended was caused by a defect in our client's product, a bathroom fan. At trial, Tom Lynch demonstrated that the fan had been modified after it left the manufacturer's control. The Second Circuit affirmed the Magistrate's decision under the principle announced by the New York Court of Appeals in Robinson v. Reed-Prentice Div. of Package Mach. Co., 49 N.Y.2d 471, 426 N.Y.S.2d 717 (1980).

6/10/2011
Karen Kirshenbaum Gives Presentation on Social Network Discovery
At the annual meeting of the Trial Attorneys of America, held in June 2011, Karen Kirshenbaum gave a presentation on discovery in the age of social networking. Click on the below link to view Karen's accompanying paper.

Additional information can be found here

4/30/2011
Tom Lynch elected President of the Trial Lawyers of America
Tom Lynch was elected President of the Trial Lawyers of America, an organization of defense attorneys who specialize in products liability defense. Tom has been a member of TAA for over twenty years. Prior to being elected president, he held the position of vice president and program director, and was a member of the board of directors.

4/18/2011
Settlement Reached in Motor Vehicle Accident
Jennifer Chavez negotiated a favorable pre-trial settlement on behalf of a client who was injured in a motor vehicle accident. The client sustained serious personal injuries when his car was struck by an erratic driver who had a long history of epileptic seizures.

1/2/2011
Richard Byrnes Joins the Firm
Lynch Rowin is pleased to announce that Richard H. Byrnes has joined the firm as an associate. Mr. Byrnes comes to Lynch Rowin with over 25 years of experience in real estate law, restaurant law and litigation.

6/9/2010
Karen Kirshenbaum Gives Presentation on Use of Biomechanical Experts
At the annual meeting of the Trial Attorneys of America, held in Chicago in June 2010, Karen Kirshenbaum gave a presentation on the use of biomechanical engineers in the defense of low-speed impact automobile accidents. Click on the below link to view Karen's accompanying paper.

Additional information can be found here

4/30/2010
Favorable Resolution Reached With The Department of Environmental Conservation
Our client, a telecommunications company, was cited for numerous violations by the Department of Environmental Conservation. Katerina Duarte negotiated a favorable resolution for the client, who was ultimately fined for only one violation.

4/19/2010
Summary Judgment Granted in Wrongful Death Action
Katerina Duarte prevailed on a cross-motion for summary judgment dismissing personal injury and wrongful death causes of action brought against our client, a nightclub owner. Katerina demonstrated that the security company, and not our client, was responsible for the assailant's conduct.

9/30/2009
Dismissal of Discrimination Claim
Our client, a national retail establishment, was the subject of a discrimination claim brought through New York State's Division of Human Rights. The claimant's case was dismissed after Katerina Duarte established, through cross-examination of the claimant, that there was no basis for the claim.

5/11/2009
Defense Verdict in Products Liability Action
Our client, a major product manufacturer, was sued after a fire occurred in a home where one of its products had been installed. At trial, Tom Lynch obtained a defense verdict by demonstrating that the product in question had been substantially modified after it left the client's possession and was installed in the home.

1/6/2009
Settlement Reached in Crane Collision on Movie Set
Our client, a NYPD traffic officer, was seriously injured when her police car was struck by a crane on a movie set in Manhattan. Jennifer Chavez obtained a favorable pre-trial settlement on behalf of the client.

1/4/2008
Settlement For Pedestrian Struck By Police Car
At mediation with the City of New York, Jennifer Chavez negotiated a successful settlement on behalf of our client, who was struck by a police car. The police officers were responding to an emergency situation and struck the client as she was crossing a street in the Bronx. The client suffered serious personal injuries, including loss of consciousness and amnesia.