Biography
Matt’s many professional achievements highlight his career. Continuous peer recognition is testament to his dedication to staying at the forefront of the practice of law. Matt is widely recognized for his extensive appellate experience. He acted as appellate coordinating counsel for one of New York’s largest dental malpractice actions and has argued groundbreaking cases concerning New York’s Scaffold Law, insurance coverage, premises liability, and products liability.
Matt has successfully argued appeals before New York’s highest court, all four Appellate Division departments, and the U.S. Court of Appeals for the Second Circuit. He has also authored numerous amicus curiae briefs, including briefs for a national non-profit organization representing American and international product manufacturers. In addition, Matt was selected by the New York Court of Appeals to brief and argue a landmark appeal on behalf of a pro se defendant, reflecting the court’s confidence in his appellate advocacy. Beyond his appellate work, Matt has defended clients at the trial level in catastrophic personal injury matters, product liability lawsuits, and other tort-related litigation.
Upon graduating from law school, Matt served as a confidential clerk for the New York Court of Appeals. His experience with the unique procedural requirements of the state's highest court enhances the depth of the firm's Appellate Advocacy Practice Group.
Matt is also the author of New York Civil Law - Analysis of New York Civil Litigation, a blog dedicated to developments in New York civil litigation. Through case summaries, analysis of significant court decisions, and discussions of substantive legal issues, he provides practical insights for attorneys, clients, and others interested in New York law. The blog features "New York Civil Law Verdict Value Day," which examines damages awards and verdicts, including pain and suffering, medical expenses, and other significant components of personal injury litigation. In addition to legal commentary, the site offers practice resources, including checklists and guides for various areas of New York practice. Expanding the New York Civil Law brand beyond written content, Matt also hosts the New York Civil Law Update Podcast, a series of concise episodes covering significant court decisions, legislative developments, and procedural rules affecting New York litigation. Each episode is intentionally limited to approximately ten minutes and is paired with a Billboard No. 1 song from the week of its release, reflecting the same practical and audience-focused approach that characterizes Matt's written work.
In 2008, the New York State Bar Association presented Matt with its Sheldon Hurwitz Young Lawyer Award in recognition of his outstanding contribution to the practice of law in the field of insurance.
Education
State University of New York at Buffalo, School of Law, J.D., cum laude, 1999 (publications editor of the Buffalo Law Review)
State University of New York at Buffalo, B.A., cum laude, 1995
Honors
Upstate New York Super Lawyers, 2023-2025
Martindale-Hubbell Peer Review Rating: AV Preeminent
Sheldon Hurwitz Young Lawyer of the Year, New York Bar Association, 2008
Law Dragon Rising Star – 2006
The Jury Spoke: Give Them Every Single Penny They Spent
A Minnesota county jury recently returned a verdict of almost $1 million, in favor of a Gerber Ciano Kelly Brady client, represented by Partners Frank Ciano and Michael Brophy, who sought recovery of its litigation defense costs and attorney’s fees under a contractual indemnity agreement...
Is the Tide Turning? Appellate Division Allows Plaintiffs to Be Questioned About Civil RICO Suits
Since 2020, insurers have instituted civil RICO lawsuits against doctors, medical providers, and plaintiffs’ firms to combat potentially fraudulent personal injury claims.
Good News for Judgement Creditors: No New York Ties? No Problem
Obtaining a judgment in a case is one thing, but knowing what to do with that judgment is equally important. Knowing what to do with a judgment can make the difference between satisfying that judgment with assets or having a worthless paper judgment.
Trending: Courts Push the Envelope to Find Liability in Tragic Situations
Two recent cases demonstrate how courts can expand liability to find responsibility. While these cases are in the preliminary stages, they provide insight into how the plaintiffs’ bar is using novel theories to attempt to establish liability.
Professional Leadership
New York State Bar Association Current Member
Committee on Civil Practice Law and Rules
Defense Association of New York (DANY)
Amicus Curiae Committee Member
Representative Matters
Matter of Small Smiles Litig., 125 AD3d 1395 [4th Dept 2015] – This matter concerned one of the largest dental malpractice actions in New York. The circumstances of the appeal were unique, addressing an unfounded claim of juror interference. The Appellate Division agreed with Matt that the trial judge abused her discretion in granting the plaintiff’s motion for a new trial, setting aside a no-cause verdict after a four-week trial. Matt and co-defendants’ counsel showed that the trial judge conducted an insufficient investigation into one juror’s claim that an individual was stalking the jury. The Appellate Division also agreed that the trial judge abused her discretion by prohibiting trial counsel from contacting any jurors about the one juror’s claim until after the judge granted the plaintiff’s motion to set aside the verdict.
Rodrigues v N & S Building Contractors, Inc., 5 NY3d 427 [2005] – In Rodrigues, Matt wrote a successful application to the New York Court of Appeals for leave to appeal. Through his in-depth research, Matt uncovered that the Appellate Division had erroneously relied on a case where the contract’s language was distinguishable from the contract at issue on appeal. On appeal to the Court of Appeals, the Court agreed with Matt’s argument that the indemnification clause in the construction agreement applied to the worksite at issue, even though the language did not state the specific worksite location. The Court’s decision is an important case in the development of Court of Appeals jurisprudence on Workers’ Compensation Law § 11 and indemnification claims against employers in New York for injuries to their employees.
Arch Specialty Ins. Co. v Kam Cheung Constr., Inc., 104 AD3d 599 [1st Dept 2013] – In this insurance coverage matter, Matt successfully argued that the policyholder made a material misrepresentation on its application and, had the insurer known the true facts, it would have refused to make such contract.
Chapman v Town of Copake, 67 AD3d 1174 [3d Dept 2009] – In this case, the Appellate Division reversed the trial court’s ruling against Matt’s clients. He successfully argued that the homeowner’s exception to Labor Law § 240 (1) – New York’s Scaffold Law – applied in this lawsuit, resulting in the Appellate Division dismissing the plaintiff’s complaint as against his clients.
Foxworth v Jenkins, 60 AD3d 1306 [4th Dept 2009] – The Appellate Division agreed with Matt, in this case, to vacate a default judgment and order awarding damages against his client. The matter concerned a motor-vehicle accident in which his client was the owner of one of the vehicles in the motor-vehicle accident. The driver of his motor vehicle could not be located for approximately one year from the time Matt’s client learned of the default judgment, thereby causing an unfair application of Section 388 (1) of the Vehicle and Traffic Law to his client.
Salisbury v Christian, 68 AD3d 1664 [4th Dept 2009] – In this matter, the Appellate Division agreed with Matt that the trial court erred in granting the plaintiffs’ motion for a directed verdict on causation of a motor-vehicle accident. His client’s liability was vicarious. The court also agreed with Matt’s argument that there were credibility issues regarding the plaintiff’s claim on how the accident happened. Accordingly, the Appellate Division concluded that a directed verdict was not warranted and ordered, among other things, a new trial on causation and damages with respect to one of the plaintiffs.
People v Vandover, 20 NY3d 235 [2012] – In Vandover, the Court of Appeals requested that Matt brief and argue the defendant’s position as amicus curiae. The case concerned a novel issue on probable cause within the context of suspicion of driving while under the influence. The Court agreed with Matt on the issue of reviewability of the Appellate Term finding, which affirmed the Justice Court’s dismissal of the charges asserted against the defendant.
Community
Tri-Village Little Leagues – Treasurer and Board Member
Terramere Homeowners Association – Vice President
Presentations
Lecturer, “New York Foreclosure Law,” New York State Judicial Institute, January 2022
Lecturer, “Bad Faith in New York,” NYSBA 2010 Law School for Insurance Professionals – More than the Basics, October 2010
Lecturer, “The Advantages of Technology in Modern Litigation,” The Defense Research Institute, 2008
Lecturer, “Legal Blogging: Prepare to Practice in the Blogosphere,” The Defense Research Institute, 2008
Lecturer, “Using the World Wide Web to Investigate Your Case: Effective Pre-Trial Strategies and Techniques in New York,” Lorman Education Series, June 2007
Lecturer, “Finding It Free and Fast on the Internet: Advanced Internet Strategies for the New York Legal Professional,” National Business Institute, 2007
Lecturer, “Commercial Lines, Coverage for the Construction Defect Claim,” New York State Bar Association, 2006
Lecturer, “Helping Your Trial Attorney Win: Essential Trial Preparation and Techniques for Paralegals in New York,” Lorman Education Series, 2006
Lecturer, “Finding It Free and Fast on the Internet: Advanced Internet Strategies for the New York Legal Professional,” National Business Institute, 2006
Lecturer, “Weblogs and R.S.S.: What Are They and How to Use Them,” Erie County, Supreme Court Lunchtime Series, 2005
Lecturer, “Late Notice and Untimely Disclaimer Update,” New York State Bar Association, 2005
Lecturer, “Bad Faith,” New York State Bar Association, 2005
Publications
Author, “Preserving the Trial Record for Appellate Review,” Preparing for and Trying the Civil Lawsuit, 2d Ed., 2016 Rev., New York State Bar Association
Co-Author, “Fraudulent Misjoinder: Combating Artful Pleadings Designed to Destroy Diversity Jurisdiction,” DRI For the Defense, May 2015
Co-Author, “Not Business as Usual for NY Court of Appeals,” Law360, January 13, 2014
Co-Author, “Emerging Trends and Changing Perspectives on Construction Defect Claims,” Mealey’s Construction Defects, December 2013 (This article also appeared in Mealey’s Construction Defects Insurance, November 2013)
Co-Author, “Your State or Mine? Supreme Court to Rule on Choice-of-Law and Forum-Selection Clauses in Construction Contracts,” American Bar Association Fidelity & Surety Law Committee Newsletter, Fall 2013
Co-Author, “Construction Defect Claims: An Update (Part I),” DRI’s The Critical Path (Newsletter of the Construction Law Committee), September 2012
Author, “The Court Rules on State Secrets in General Dynamics,” For the Defense, May 26, 2011
Co-Author, “Not So Simple: Manufacturer’s Liability for an Altered Product,” Personal Injury Quarterly, New York Law Journal, September 7, 2010
Co-Author, “Accidents Happen – Even Under the State Labor Law,” New York Law Journal, June, 22, 2010
Contributor, “Construction Site Personal Injury Litigation, New York Labor Law,” New York State Bar Association 2010 Supplement
Co-Author, “The Defense Lawyers Guide to the Internet: How to Find Golden Nuggets,” 2009
Co-Author, “Trade Secret Privilege,” DRI Young Lawyer Compendium, 2008
Author, “Decisions Lend Definition; Refinement to Novel Statutory Issues,” New York Law Journal’s New York Court of Appeals: The Year in Review, September 2008
Co-Author, “The Defense of SUM Claims and the Serious Injury Defense,” Defendant, Winter 2007/2008
Co-Author, “Reforms to Notice of Claim Will Affect Policyholders and Insurers Alike,” Buffalo Law Journal, October 25, 2007
Co-Author with Professor of Philosophy Dr. James Delaney, “Using Intuition in Persuasive Legal Reasoning,” For the Defense, July 2007
Author, “An Introduction to the New Publishing Revolution: Blawgs, Plawdcasts, & Real Simple Syndication,” The National Paralegal Reporter, Vol. 31, No. 4, Feb./Mar, 2007
Author and Presenter, New York Court of Appeals Review: Recent Trends in the Labor Law and Workers’ Compensation Law, September 2006
Author, “Alternative Resources on the World Wide Web,” For The Defense, June 2006
Author, “Style Points for Exemplary Briefs: A Former Court Attorney’s View, Certworthy,” Appellate Advocacy Newsletter of Defense Research Institute, Winter 2006
Author, “You Don’t Have to Be a Techno Geek to Join the Information Revolution: A Step-By-Step Primer on Using Weblogs, R.S.S., and Podcasts,” Albany County Bar Association Newsletter: Technology Section, Two-Part Series, 2006
Author, “New York Court of Appeals Update,” In Touch, New York State Bar Association Young Lawyers’ Electronic Monthly Newsletter, 2006
Author, “Surprises in Labor Law and Workers’ Compensation,” New York Law Journal’s New York Court of Appeals: The Year in Review, Sept. 12, 2005
Author, “Weblogs: A Publishing Revolution Ripe for Lawyers,” The Whisper, Issue 11, Nov. 4, 2004
New York Civil Law (http//nylaw.typepad.com/)
Featured in, The American Bar Association Journal and The New York Law Journal
Author, “When Diversity Leads to Adversity: The Principals of Promoting Diversity in Education Institutions, Premonitions of Taxman v. Board of Education Settlement,” 44 Buff. L. Rev. 105, Spring 1999