Nassau Jury Awards $550,000 After Trial That Followed Years-Long Legal Battle
Uniondale, New York – June 12, 2017 – The litigation team at Ruskin Moscou Faltischek P.C., led by Senior Litigation Partner E. Christopher Murray, last week won a victory in Nassau County Supreme Court on behalf of Judith Wilner, a resident of the Village of Roslyn, who sued the village for malicious prosecution and violation of her constitutional rights. At the trial before Nassau County Supreme Court Justice Leonard Steinman, the jury awarded Mrs. Wilner $550,000.
The case stemmed from a heavy rainstorm in October 2005 that resulted in a concentrated downhill flow of water and mud that damaged the village hall at 1200 Old Northern Blvd. The village alleged that Verity Lane homeowners Judith and Harry Wilner were partially responsible for the damage because they had a makeshift drainage device on their property that did not meet village code and was illegally discharging storm water down the hillside behind village hall.
In their lawsuit against the village, the couple asserted that a village-owned drainage system was the cause of the flooding, and the village tried to shift the blame for the malfunctioning village-owned storm water system components by continuing the prosecution of the summons.
As a result, the Wilners claimed the village was guilty of malicious prosecution, and deprived them of their constitutional rights. “The jury saw through the village’s attempt to blame my client through a baseless criminal proceeding,” said Mr. Murray.
Mr. Murray has over 25 years of experience in all aspects of complex commercial, environmental, real estate, brokerage commission, insurance, employment, civil rights, anti-trust and trademark litigation; as well as commercial real estate and business transactions. A partner in the firm’s Litigation Department, Mr. Murray is also chair of the Environmental and Land Use Practice Group. His experience includes litigation and administrative hearings involving a variety of environmental issues including SEQRA compliance, violations of New York and federal law concerning the disposal of hazardous waste, challenges to the denial of wetland permits and CERCLA liability. He also advises clients regarding compliance with environmental and zoning laws and regulations.
For more than 49 years, Ruskin Moscou Faltischek P.C., headquartered in Uniondale, has built a reputation as one of the region’s leading providers of innovative legal services. Its attorneys are practical, experienced advocates who measure their success by their clients’ success. Cornerstone groups in all major practice areas of the law are represented at the firm, including corporate and securities, financial services, commercial litigation, intellectual property, health care, real estate, employment, not-for-profit, cybersecurity and data privacy, energy, and trusts and estates. Clients include large and mid-sized corporations, privately held businesses, institutions and individuals.