Our Results

Successful Litigation

The cases below are just a sample of successful litigation that Lee Greenstein has won on behalf of his clients in the face of stubborn opposition from insurance companies and prosecutors.

All of the cases below were litigated by Lee Greenstein from the beginning to the successful culmination of the case.

Man Falls in Store Parking Lot - Award: $535,000

Joseph Riley v. Home Depot

Joe injured his knee as he stepped off of his 18-wheel tractor-trailer into a hole in the Home Depot parking lot in Amsterdam, NY.  Joe had two arthroscopic knee surgeries, and then an osteotomy on the same knee - a surgery where a 17-degree wedge is removed from the knee in order to permit his leg to straighten out.  Despite the permanent impact of this injury, and Joe’s inability to continue trucking, Home Depot offered $100,000 before trial and only $250,000.00 during the trial.

An Albany County jury awarded Joe Riley $535,000.00.

Man Accused of Felony Assault of a Police Officer - Verdict: Not Guilty

People v. Frank McClellan

Frank was accosted by Det. Sgt Steve Smith in front of his own home, and in the course of defending himself, Smith was accidentally struck with his own car door, sustaining a 33-stitch cut to his face and a fracture nose.  Smith fabricated felony assault charges against Frank.

Facing 25 years in jail, a Rensselaer County jury found Frank “not guilty” of all charges.

Man Files False Arrest Lawsuit – Award: $305,000

Frank McClellan v. Rensselaer City Det. Sgt. Smith

A false arrest civil rights lawsuit was filed in U.S. District Court after Frank was exonerated on the criminal charges.  Through 8 years of litigation and two appeals to the U.S Court of Appeals, Frank was resolute in refusing to accept any compromise.  A federal jury awarded Frank $170,000.00 in compensatory and punitive damages, plus attorney’s fees.

On October 16, 2000, 10 years to the day after his false arrest, a $305,000.00 settlement was reached.

Woman Accuses Social Worker of Malpractice - Award: $1.7 Million

Cynthia McKay v. Schenectady County Social Worker Joe Ciani

Cynthia was a County Employee who saw Ciani for counseling through the Employee Assistance Plan.  Ciani violated his professional boundaries and engaged Cynthia in an abusive sexual relationship.  The results for Cynthia were severe emotional injuries including Post Traumatic Stress Disorder.

A Schenectady County jury awarded Cynthia 1.27 million dollars.

High School Student Accused of Rape – Verdict: Not Guilty

People v. German Lambert

German was a 17 year old high school student accused of forcibly raping a 16 year student at the same high school.  Because of the racial overtones (German was black and the accuser was white) the case received significant media attention in the Times Union and in the Bethlehem Spotlight.  German acknowledged having sexual relations but always maintained that it was a consensual relationship.

The jury agreed with him and acquitted him of all charges.

Woman Accused of Endangering the Welfare of a Child – Verdict: Charges Dismissed

People v. Elizabeth Burciaga

Elizabeth was a single mother whose four-year old son fell out of an 11-story window when he awoke in his bed and fell through his bedroom window.  Miraculously, the boy received only a few broken bones when he bounced off of the awning in front of the building and landed in some bushes.  Elizabeth was charged with the crime of Endangering the Welfare of a Child because she had left her apartment to see her friend while her son was sleeping.

A motion to dismiss was filed arguing that it is common for parents to leave there homes while their children are sleeping in the second story of their house – to sit on their porch, to go across the street to a neighbors, or to go outside to do chores – and that act should not be criminalized simply because Elizabeth lived in an apartment building.

The Albany City Court agreed and dismissed all charges.

Woman Sues Insurance Company after Car Accident – Award: $375,000

Clorece Weir v. Gager

Clorece injured her thumb in an automobile accident and developed Reflex Sympathetic Dystrophy (RSD).  RSD is a painful, debilitating nerve condition that often has no effective treatment.  It can result in clawing of the fingers and intense, constant pain.  For three years the insurance company offered no money because of a two-month delay in hand complaints after the accident, even though it is not uncommon for hand symptoms to develop slowly.

Persistence prevailed, however, as a $375,000.00 settlement was reached just prior to trial.

Man Injured in Construction Accident Sues Insurance Company – Award: $350,000

John Gerkman v. N. Pearl Street Assoc.

Mr. Gerkman was injured when he fell from a tower in a construction accident.  Gerkman, a WWII Yugolslav refugee, sustained a herniated disc and could no longer work in the construction field.

As the jury deliberated after a five-day trial, the opposing insurance companies agreed to settle with Mr. Gerkman for $350,000.

Man Accused of Cocaine Distribution – Verdict: Not Guilty

U.S. v. Aaron McAdoo

Aaron was an innocent young man who was falsely implicated by two brothers who were seeking to stay out of jail by fabricating a story about Aaron’s involvement in their cocaine sale business.  This was a classic case of Government over-reaching, as the U.S. Attorney sought out the assistance of the two brothers – the heads of a cocaine distribution conspiracy – after Aaron refused to help the Government because he truly had no information to provide.

A federal jury saw through the accuser’s lies and found him “not guilty” of the charges.

Parents of Student Receive Full $250,000 Insurance Policy For Son’s Death

Estate of Matthew Plunkett

Matthew Plunkett was a college student when a friend flipped a car in which he was a back seat passenger.  The devastated parents were eager to resolve the case quickly and only be fairly compensated for their son's untimely death which resulted from the reckless driving of another youth.  Dealing with an Ohio insurance company where the deceased was a college student, Lee Greenstein was able to obtain the policy limits without the necessity of a lawsuit and having the parents live-through the event again.

Teacher’s Aggravated DWI Charge Reduced to Traffic Violation

People v. Jackson

A 28 year old teacher with no prior arrest record was facing an Aggravated DWI charge after registering a .19 Blood Alcohol Content (BAC) reading.  The Albany County District Attorney's Office policy on DWI's meant that they would not plea bargain with any case with a BAC over .14.  After over a year of litigation and motions, we were able to locate significant weaknesses in the BAC testing procedure and the offer was lowered to a traffic violaton, enabling Ms. Jackson to keep her teaching job.

Former New York City Police Officer Spared Lengthy Prison Term for Possession of child Pornography

USA V. Mike N.

Mr. Niebling was a 70 year old, highly decorated retired New York City Police Detective.  He became depressed and turned to alcohol late in life, and also fell pray to urges he did not understand.  Even though he never touched a child inappropriately, never tried to communicate with any children, and did nothing other than view images on his computer, he was facing over 14 years in prison.  By proving to the court what his limited criminal conduct was really about, Mr. Niebling was able to receive a sentence where he served just over three years in jail.

$550,000 Dental Malpractice Settlement

Alida Coulter received over 15 unnecessary and poorly done root canals over a 20 year period. She went through years of restorative work. We worked with our well credentialed dental expert to secure this significant settlement.

$225,000 Dental Malpractice Settlement

Kathie Ryan received 6 unnecessary and poorly done root canals from Martin Sorbero, DDS. The same dentist who worked on Alida Coulter. In addition to this settlement, we worked with state and local law enforcement to assist in Dr. Sorbero losing his license for his dental malpractice, and going to state prison for stealing money from his clients.

$150,000 Dog Bite Settlement

Michelle Curtis was mauled, and dragged out of her neighbor's house by a dog she knew for years. While her physical scars largely healed, Michelle was left with lifelong emotional scars from this attack.

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