In a major victory for unhoused New Yorkers, the New York Court of Appeals recently adopted the analysis of an amicus brief that was filed by Proskauer on behalf of the Coalition for the Homeless. The amicus brief supported the City of New York’s defense of a proposed project to convert a midtown Manhattan hotel into a residential facility for homeless adults seeking employment opportunities.
Matthew J. Morris is a Special Litigation Counsel. He works on a variety of disputes concerning insurance coverage, partnership and joint venture agreements, hotel management agreements, merchant funding agreements, civil RICO and international arbitration.
Matt's analytical acumen has enabled him to contribute significantly to the Firm's success in difficult appellate matters, including two victories in the New York Court of Appeals: one in a dispute concerning whether the aggregate coverage limit of an excess liability insurance policy covering asbestos claims made against the insured was renewed annually, rather than continued over the three-year period of the policy (16 N.Y.3d 419), and the other in a decision that established that an insured may obtain indemnification for payments made as disgorgement where such payments do not represent the insured’s own illicit gains (21 N.Y.3d 324).
Other cases included:
- A victory in the New York Appellate Division in a dispute regarding whether an insured that sold asbestos believing its products could be used safely, despite its awareness of possible injuries, did not expect or intend such injuries for coverage purposes (101 A.D.3d 434)
- A successful appeal to the Second Circuit from a decision in which the district court had held that a "hell or high water” agreement barred Home Depot U.S.A., Inc. from arguing that it was constructively evicted from its premises, terminating its rent obligation (570 F.3d 513)
- Representation of The New York Times in a case in which the lower court granted class certification to plaintiffs challenging the right to engage in newsgathering, and the appellate court reversed the certification order (895 A.2d 1173)
- Recent trial victories involving substantial damages in an arbitration regarding a hotel owner’s termination of a hotel management agreement in Mexico and a commercial landlord-tenant dispute regarding a rent rebate provision