Andrew Small has practiced for almost 37 years and has tried approximately 150 cases in both state and federal courts handling cases from inception through trial. Andy previously served as an Assistant District Attorney in Bronx County, assigned to the Violent Felony Division.
In his current legal practice, Andrew’s experience encompasses a spectrum of civil and commercial litigation, including matters arising out of construction accidents, motor vehicle accidents, premises liability accidents, professional liability and malpractice claims, contract disputes, and closely-held shareholder/member disputes. Additionally, he handles claims involving commercial development and construction, building and facilities management, and commercial finance.
Collaborating with clients, insureds, and claims representatives, Andy works swiftly to resolve issues before litigation ensues. He offers strategic counsel for cases in litigation and those involving transactional matters. Andy is known for providing sound legal advice knowing the variety of potential litigation outcomes.
Won summary judgment on behalf of a national surface company dismissing a high-exposure premises liability case in Suffolk County, NY. We established that the defendant owed no duty and therefore the matter was not actionable against the company.
Compelled the New York City Department of Buildings (“DOB”) to renew licensure of a highly respected Construction Company, following the DOB’s failure to act.
Obtained dismissal and sealing order for Administrative Charges against Summer Camp Counselors, upon the State Attorney General’s upholding Child Protective Services’ determinations of their reckless failures to supervise pool.
Tried damages to verdict in action with $25 million dollars of exposure against construction site owner that was previously determined 100% responsible on summary judgment pursuant to NY Labor Law 240(1), with plaintiff sustaining injuries including two failed spinal surgeries. The jury award was only 23% of the demand and did not reach the upper excess layers of coverage.
Tried liability to verdict against commercial building owner arising out of trip/fall in lobby, alleging that plaintiff nurse was permanently disabled and unable to work with attendant lost wages and future medical expenses. Jury found that plaintiff was 75% at fault for her accident, and then during the damages trial, a $100,000 settlement was reached against demand of $2.5 million.
Dissolved a New York LLC over the Members’ disputed asset valuation.
Settled commercial policy tender demand in wrongful death action involving two pedestrians killed in crosswalk.
Successfully defended a fitness business founder in a New Jersey Superior Court action involving claims of fraud, misappropriation, and tax improprieties stemming from a failed joint venture. Just days before trial, the matter was resolved for a nuisance payment, with no adverse consequences to the client. The settlement followed a strong showing that the plaintiff’s business contributions were minimal and that the plaintiff breached her own fiduciary duties.
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter that we or any lawyer may be retained to handle.
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