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NY State Pays $3 Million to Family of Disabled Boy Abused at Group Home

The State of New York has paid $3 million to the family of a developmentally disabled boy who was repeatedly sexually assaulted and abused by an employee at the State-run group home near Utica where he lived. The abuse took place over multiple years, and was discovered after photos and videos the abuser, Steven DeProspero, had made of the assaults were found on his computer. DeProspero is currently incarcerated under both state and federal convictions for crimes related to the abuse.

ECBA attorneys Ilann MaazelAndrew G. Celli, Jr., and Ali Frick represented the boy’s family. As Mr. Celli told the AP, “This is a case where you had someone who really was evil. But what failed here was the system. You have to have systems in place to ensure the safety of children who have needs, and they just fell down on the job here.”

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ECBA Leads Historic Recount Litigation on Behalf of Jill Stein in Michigan, Wisconsin, and Pennsylvania

In the first ever legal effort to challenge election results in multiple jurisdictions for a Presidential contest in the United States, ECBA is representing Jill Stein and her campaign in election integrity efforts and attempts to obtain recounts in three states: Michigan, Wisconsin, and Pennsylvania. Stein filed petitions for recount in Michigan and Wisconsin, and mobilized voters to seek recounts in Pennsylvania.  ECBA has litigated various state and federal actions to pursue those recount requests. The most recent information and filings concerning the rapidly-changing developments in the three states are available here for Pennsylvania, here for Michigan, and here for Wisconsin.

ECBA attorneys Jonathan S. Abady, Matt D. Brinckerhoff, Andrew G. Celli, Jr., Ilann Maazel, Elizabeth Saylor, Debra L. Greenberger, Ali Frick, David Lebowitz, Hayley HorowitzDoug Lieb, Alanna Small, and Jessica Clark are the lawyers litigating these efforts.

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City Settles Case for $750,000 After Rikers Guards Ruptured Inmate’s Spleen

The City of New York has agreed to pay $750,000 to settle an excessive force lawsuit brought by ECBA and the Legal Aid Society’s Prisoners’ Rights Project for the assault and beating of Michael Cruz. In June 2014, multiple officers beat Mr. Cruz so badly that they broke his rib, which eventually pierced his spleen and led to massive internal bleeding. The assault and resulting injuries were life-threatening. Mr. Cruz, who was only 20 years old at the time, was forced to undergo emergency surgery to remove his spleen.

ECBA attorneys Jonathan Abady, Ali Frick, and Sam Shapiro represented Mr. Cruz together with Jonathan S. Chasan and Mary Lynne Werlwas of the Legal Aid Society.

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Famed Sculptor Wins Summary Judgment Against Designer Who Destroyed Artwork

On June 13, 2016, Judge Ostrager of the New York Supreme Court ruled that interior designer Inson Wood and his company were liable for the destruction of three marble sculptures made by famed sculptor Edwina Sandys. Ms. Sandys loaned the sculptures to Mr. Wood for display and sale at the Waterfall Mansion, on Manhattan’s Upper East Side. Months later, her sculptures were returned to her shattered into pieces. After Mr. Wood refused to reimburse her for the broken sculptures, Ms. Sandys sued him and others on claims of breach of contract, breach of fiduciary duty, and negligence, among other charges. A trial on the other issues and other parties will be held in September.

Ms. Sandys is represented by ECBA attorneys Dan Kornstein and Ali Frick.

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Disability Housing Discrimination Case Settles for $1.3 million

A federal court has approved a $1.3 million settlement relating to the design and construction of two housing developments in Queens and Dutchess Counties, New York. The plaintiffs, a disabled woman who purchased a ground floor unit at the Queens site and the Fair Housing Justice Center (FHJC), alleged that the developers, architects, and site engineers failed to design and build the developments in compliance with the Fair Housing Act, rendering them inaccessible to residents and guests with physical disabilities.

Defendants will pay $900,000 for damages, attorneys’ fees, and retrofits to the individual plaintiff’s unit, driveway, and sidewalks.  Defendants will also retrofit ground floor units and certain common areas at the Dutchess County project at their expense and have future residential sites reviewed for compliance. In addition, the settlement provides $400,000 for the FHJC to use to provide financial assistance to income eligible homeowners and renters with physical disabilities seeking to make accessibility modifications to their existing housing, including unit owners at the Queens development.

Plaintiffs were represented by ECBA attorneys Diane L. Houk and Ali Frick, and by James E. Bahamonde of the Law Offices of James E. Bahamonde, P.C.

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Bipartisan Group Sues To Close New York’s Corporate Donation Loophole

Today, Emery Celli Brinckerhoff & Abady and the Brennan Center for Justice, on behalf of several former and current State legislators and other plaintiffs, filed suit against the New York State Board of Elections to close the State’s infamous “LLC Loophole.” Since the Loophole was created by the BOE in 1996, contributors donating through LLCs have circumvented contribution limits and disclosure requirements that the Legislature created to protect the integrity of New York’s democratic process — and injected millions of secret dollars into state elections. In April the Brennan Center and Emery Celli asked the BOE to close the Loophole, but the board, in a 2-2 vote, refused to rescind its earlier decision and thereby defeated this attempt at reform. This lawsuit presents a promising opportunity to close the Loophole once and for all. ECBA attorneys Andrew G. Celli Jr., Elizabeth Saylor, and Ali Frick represent the bipartisan group of plaintiffs.

The New York TimesThe Daily News, The Albany Times Union, The Associated Press, Newsday, and The Rochester Democrat & Chronicle, among other outlets, covered the lawsuit. Click here to read the press release about the case. On July 21, 2015, the New York Times editorial board To read the New York Times editorial board called on the court to adopt ECBA and the Brennan Center’s position and close the LLC Loophole.

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ECBA and Legal Aid File Lawsuit on Behalf of Rikers Inmate Beaten Nearly to Death

Together with the Legal Aid Society, Emery Celli Brinckerhoff & Abady filed a civil rights lawsuit in federal court on behalf of Michael Cruz, who was beaten by correction officers at Rikers Island so brutally that he suffered massive internal bleeding and was required to undergo emergency surgery to remove his spleen. Cruz, who was only 20 years old at the time, was assaulted by multiple correction officers after asking for a mental health evaluation prior to being sent into solitary confinement. Apparently annoyed by his request, multiple officers–with the tacit approval of a captain–repeatedly kicked and punched Mr. Cruz, leaving him with a fractured rib. After weeks of complaints about his pain, Mr. Cruz was finally taken to the hospital, where his massive internal bleeding was discovered. Hospital staff informed him that if he had been left in his cell untreated much longer, Mr. Cruz could have died.

Mr. Cruz is represented by ECBA attorneys Jonathan Abady, Samuel Shapiro, and Ali Frick, and by the Legal Aid Society. Read the New York Post’s coverage here. To read the full complaint, click here.

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