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Michael H. Joseph

Attorney Profile

Top Rated Personal Injury Attorney in White Plains, NY

Law Office of Michael H. Joseph, PLLC
203 E. Post Rd
White Plains, NY 10601
Phone: 914-354-3629
Fax: 914-358-5379
Selected to Super Lawyers: 2021 - 2022
Licensed in New York Since: 2000
Practice Areas: Personal Injury - General: Plaintiff
  • Free Consultation
Attorney Profile

Known by his clients and fellow attorneys as a passionate attorney, Michael H. Joseph is of counsel at the Law Office of Michael H. Joseph, PLLC. He represents clients in the New York, New York, area, along with Rockland County, Westchester County, Staten Island, Queens, Manhattan, Brooklyn and the Bronx. His practice is focused on personal injury matters, and he has extensive experience in injuries caused by construction accidents and motor vehicle accidents.

Fluent in Portuguese, Spanish and English, Mr. Joseph is admitted to practice in New Jersey and New York. He is also admitted to practice before the United States Court of Appeals for the 2nd Circuit, the United States District Court for the District of New Jersey, the United States District Court for the Southern District of New York and the United States District Court for the Eastern District of New York.

In 1996, Mr. Joseph graduated cum laude from The State University of New York and a Bachelor of Science in political science and philosophy. He then attended Tulane Law School, where he again graduated cum laude with his Juris Doctor in 1999. Currently, he is a member of the Westchester County Bar Association and the New York State Trial Lawyers Association.

Named by Avvo, Justia and the National Association of Distinguished Counsel as a Top Personal Injury Lawyer, his cases have been featured in the New York Law Journal, the Jury Verdict Reporter, Equatimes, Newsday and The Daily News. His experience in litigation, trial and appellate work makes him a valuable attorney for anyone seeking compensation after a personal injury.

Practice Areas
  • 100%Personal Injury - General: Plaintiff
Focus Areas

Motor Vehicle Accidents, Personal Injury - Plaintiff, Construction Accident

Selections

2 Years Super Lawyers
  • Super Lawyers: 2021 - 2022

About Michael H. Joseph

First Admitted: 2000, New York

Professional Webpage: https://www.newyorktriallawyers.org/about-the-firm/michael-j...

Bar/Professional Activity

  • New York State Trial Lawyers Association Westchester County Bar Association New York County Lawyers Association New York City Bar Association American Association of Justice
  • New York State Trial Lawyers Association New York City Bar Association Westchester County Bar Association

Educational Background

  • SUNY Oneonta, BS in Political Science and Philosophy, With Honors, 1996

Other Outstanding Achievements

  • Successfully argued Acencio v. Briarcrest at Macy Manor LLC, 60 AD3d 606 (2 Dept 2009), which recognized that Labor Law 241, protects everyone on a construction who is performing excavation and that the excavation does not have to be in connection with a structure or other construction, so long as it is part of the overall project, 2009
  • Successfully tried and sustained on appeal, a $1,700,000 jury verdict finding that a detective maliciously prosecuted our client in 2,100,000, in Manganiello v. City of New York, 612 F.3d  149 (2 Cir 2010). This case became the leading case on the malicious prosecution and was the first case to recognize that the presumption of probable cause created by an indictment, can be rebutted by evidence of police misconduct, which occurred out side of the grand jury, which affected the integrity of the proceedings. This case has been cited 873 times, 2010
  • People v. Gallimore, Westchester County Court Won Acquittal of a defendant charged with robbery, by successfully obtaining video surveillance of the robbery and obtaining a facial recognition expert opinion, that the client could not possibly have been the perpetrator. District Attorney stipulated to a not guilty verdict, dismissed the complaint and we successfully sued the detective and client's probation officer who falsely implicated him, 2017
  • Arici v Poma 2019 NY Slip Op 00033 Decided on January 3, 2019 Appellate Division, First Department Successfully got NY Supreme Court Commercial Part Judge reversed, where the Court held that our client could recover the balance of a purchase price for the sale of a business could be recovered, and was not barred by a limited release given by the corporation in exchange for a settlement of a promissory note that was issued as a guarantee of the underlying debt, 2019
  • Laduzinski v Alvarez & Marsal Taxand LLC 2015 NY Slip Op 06646 Decided on August 25, 2015 Appellate Division, First Department Trial and Appellate Attorney, on case where New York Courts first recognized that the tort of Fraudulent Inducement can be applied in an employment context, notwithstanding the employment at will doctrine, where an employer lures an employee, away from a competitor, just to milk their business network with no genuine intention of hiring the employee, 2015

Verdicts/Settlements

  • $625,000 for maintenance worker injured by overpressurized boiler system, where plumbing company failed to properly upgrade expansion capacity of supporting mechanical elements, 2019
  • 2,100,000, Westchester Supreme Court, Settlement after full liability verdict on Labor Law 241(6) case, where landscaper in Ossining performing excavation on development site was struck by an excavator and sustained head injuries, 2009
  • $724,000 for bicyclist injured when vehicle came into his lane, 2020
  • $5,000,000 malicious prosecution Settlement, 2018
  • $800,000 car accident, with cervical spinal injuries, against the City of New York, where a DOT truck attachment struck client's vehicle, 2019
  • $1,800,000 Verdict against attorney who swindled client, Westchester Supreme, 2018
  • $1,700,000 Verdict Southern District of New York, against Detective who maliciously prosecuted a security guard for murder. Upheld by Second Circuit, 2010
  • $2,000,000: Verdict Queens Supreme Court: Head injuries following an assault. Construction Accident Involving Excavator: $2,000,000 plus all future medical costs Undocumented worker hit by an excavation machine: head injury. Police Misconduct: Malicious Prosecution: $1,700,000 Damages for security guard wrongfully prosecuted for murder $1,500,000: Verdict, Westchester Supreme Court, Shoulder and Back injury. Significant verdict against an Eastchester police officer who assaulted our client following a work related dispute. Construction Accident: $1,013,000 Jury Verdict, New York County, Knee and aggravation of back injuries for construction foreman injured by defective scaffolding. Construction and Window Washing Accident Fall: $900,000 Settlement, New York Supreme Court, New York Window Washer injured in fall from unsecured ladder without fall protection (life lines/harnesses) Construction Accident: $848,000 Settlement Construction worker who suffered a knee and back injury after falling from defective planking on a pipe scaffold. New York Supreme Court 750,000 Jury Verdict in Westchester Supreme Court The verdict will be over $800,000 with prejudgment interest. Rear end Collision by a garbage truck resulting in neck and back injuries. Verdict against the City of White Plains. $740,000 settlement Westchester Supreme Court, spinal injuries to a construction worker from a truck accident in White Plains. Police Officer Injury: $500,000 Settlement New York City Police Captain, suffered neck and back injuries while breaking up a bar fight. New York Supreme Court Car Accident: $500,000 Injured motorist involved in truck accident. Construction Accident: $490,000 Collapse of Make Shift Scaffold: Back Injury $400,000 verdict Bronx Supreme Legal Malpractice Case Against personal injury attorney who was negligent in failing to submit an expert engineer’s affidavit which established defective conditions of a stairway which resulted in the dismissal of the personal injury lawsuit. Construction Accident $150,000 (plus waiver of $80,000 workers compensation lien resulting in total value of $230,000) Leg injuries from trench cave in during excavation on City project Car Accident: $300,000 Couple injured with internal injuries Car Accident: $296,000 Car Accident resulting in Back and Knee injury Car Accident: $225,000 Car Accident: Back Injury Car Accident: $200,000 Shoulder injury from car accident with drunk driver. Construction Accident: $117,500 Broken Plank on a Scaffold: Knee injury, 2015

Videos

Honors/Awards

  • Rated Superb, Personal Injury Attorney, Avvo, 2020
  • , Client Choice Award, Avvo, 2015

Industry Groups

  • New York County Lawyers Association
  • New York State Trial Lawyers
  • Westchester County Bar Association
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Office Location for Michael H. Joseph

203 E. Post Rd
White Plains, NY 10601

Phone: 914-354-3629

Fax: 914-358-5379

Last Updated: 5/15/2022

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