HEALTH LAW
Daniels and Porco succesfully obtains dismissal of wrongful termination and tortious interference causes of action asserted against a hospital by an emergency services physician group.View the case summary
Daniels and Porco successfully obtains Order interpreting Consent Judgment as prohibiting hospital from asserting $2.3 million claim against competitor.View the case summary
Daniels and Porco successfully obtains dismissal of lawsuit alleging breach of contract against a healthcare facility.View the case summary
Daniels and Porco succesfully obtains dismissal of a lawsuit alleging that a hospital had commited waste, tortious interference with contract,and breach of fiduciary duty in its capacity as Receiver of a nursing home .View the case summary
BUSINESS AND EMPLOYMENT
Daniels and Porco successfully obtains accelerated judgment awarding vendor damages for purchaser’s failure to make payments as required by terms of invoices.View the case summary
Daniels and Porco successfully obtains ruling precluding execution of judgment against assets of retirement community.View the case summary
Daniels and Porco successfully obtains immediate dismissal of multiple causes of action alleged against employer in sexual harassment litigation.View the case summary
REAL ESTATE AND ENVIRONMENTAL
Daniels and Porco successfully obtains summary judgment authorizing seller to retain downpayment as liquidated damages for purchaser’s breach of mortgage contingency clause.View the case summary
Daniels and Porco successfully defeats motion seeking dismissal of lawsuit alleging fraudulent misrepresentations in real estate transactions.View the case summary
Daniels and Porco successfully defeats motion to dismiss causes of action for implied indemnity, trespass, malpractice and negligence arising out of solid waste contamination of real property.View the case summary
ZONING, PLANNING AND MUNICIPAL LAW
Daniels and Porco successfully defends Zoning Board of Appeals decision to grant area variance after having denied prior request by same applicant.View the case summary
Daniels and Porco successfully obtains dismissal of zoning violation contained in accusatory instrument on grounds that Town zoning code is unconstitutionally vague.View the case summary
Daniels and Porco successfully obtains Order in Article 78 proceeding annulling Planning Board decision denying application for preliminary subdivision approval.View the case summary
Daniels and Porco successfully obtains a permanent injunction barring property owners from using property for commercial purposes without obtaining the requisite approvals from the Village.View the case summary
Daniels and Porco successfully obtains permanent injunction restraining property owner from performing construction work on existing residence without obtaining the proper building permits.View the case summary
Daniels and Porco successfully obtains dismissal of Article 78 filed against Village by property owner disputing Village Building Inspector’s interpretation of zoning code.View the case summary
Daniels and Porco successfully defends Town Board’s determination that a municipal cell tower is exempt from Town’s zoning laws.View the case summary
Daniels and Porco successfully defends Zoning board of Appeals determination that it lacked jurisdiction to review Town Board decision that an improvement district project was exempt from zoning.View the case summary
Daniels and Porco successfully defends Town Board’s determination that it complied with SEQRA during process of adopting update to Comprehensive Plan.View the case summary
Daniels and Porco successfully defeats Article 78 petition challenging Dutchess County Department of Health permit authorizing construction of a new well in Town water district.View the case summary
CONSTRUCTION
Daniels and Porco successfully obtains judgment against contractor for the full cost of the remedial work required to correct contractor’s defective work.View the case summary
Daniels and Porco successfully obtains Order barring property owner from seeking return of payments made to contractor under construction contract.View the case summary
Daniels and Porco successfully obtains a judgment against a general contractor for all monies owed to subcontractor for work performed at residence that was contracted for by general contractor.View the case summary
PERSONAL INJURY
Daniels and Porco successfully defeats motion seeking dismissal of personal injury claim alleging that the New York State Department of Transportation snow-removal activities contributed to automobile accident.View the case summary
Daniels and Porco successfully obtains Appellate Court decision reversing the trial court’s decision charging the emergency exception in personal injury trial.View the case summary