Albany Results Driven Attorneys - E. Stewart Jones Hacker Murphy

$7.5 Million Wrongful Death

$7.5 million settlement in the United States District Court for 1 death and 12 injuries sustained by students as a result of a dormitory fire.

$7.5 Million Personal Injury

$7.5 million jury verdict in United States District Court for two deaths sustained by reason of the faulty smoke detector.

$7 Million Products Liability

$7 million for wrongful death due to products liability of a defective smoke detector.

$19.85 Million Severe Brain Injury

$19.1 million verdict increased to $19.85 on appeal. (Auer v. State of New York 289 A.D.2d 626 (2001). Improperly designed and maintained highway shoulder. Severe brain injury and quadriplegia. See full article here.

$18 Million Products Liability and Pharmacy Malpractice

$18 Million-- products liability and pharmacy malpractice, negligent substitution of defective pharmaceutical product causing to a birth defect and paraplegia.

$16 Million Hospital Malpractice

$16 Million-- medical obstetric and hospital malpractice. Negligent use of cervical ripening medication, failing to recognize fetal distress, and delay in delivery causing leading to hypoxic brain injury and quadriplegia to the baby. Failure to recognize and properly treat post delivery hemorrhage leading to maternal death.

$14.5 Million Hospital Malpractice

$14.5 Million-- Medical, surgical, and hospital malpractice leading to loss of small intestine.

$10 Million Products liability

$10 Million–Products liability. Negligently installed defective hot water heater, and defective gas can causing explosion and severe burns to a child.

$9.85 Million Hospital Malpractice

$9.85 Million–Obstetric and Hospital malpractice, misreading ultrasound, failing to recognize fetal distress and timely deliver causing severe hypoxic brain injury and quadriplegia.

$9 Million Hospital Malpractice

$9 Million– Anesthesia and hospital malpractice during surgery leading to severe hypoxic brain injury.

$8.9 million Hospital Malpractice

$8.9 million–Obstetric and Hospital Malpractice. Failing to recognize fetal distress and timely deliver, causing severe hypxic brain injury.

$8.5 Million Premises Liability

$8.5 Million–Premises liability leading to severe traumatic brain injury.

$7.85 Million Hospital Malpractice

$7.85 Million–Pediatric and hospital malpractice. Failing to recognize and treat necrotizing entrocolitis causing brain injury.

$7.5 Million Hospital Malpractice

$7.5 Million–Hospital malpractice. Failure to diagnose and treat meningitis leading to cerebral palsy.

$5.35 Million Hospital Malpractice

$5.35 Million–Hospital Malpractice failure to monitor diabetes resulting in ketoacidosis and. See attached

$5.25 Million Medical Malpractice

$5.25 million settlement. Failure to diagnose and treat kidney disease.

$5.25 million Failure to Diagnose

$5.25 million settlement. Failure to diagnose and treat kidney disease.

$5.075 Million Hospital Malpractice

$5.075 Million–Pediatric and hospital malpractice. Failure to diagnose and treat meningitis leading to cerebral palsy.

$4 Million Personal Injury

$4 million settlement in Montgomery County, Maryland, Co-counsel on smoke sector defect case.

$3.6 Million Defective Product

$3.6 million verdict in Supreme Court, Rensselaer County, against Chrysler Corporation. Paraplegia.

$3.25 Million Traumatic Brain Injury

$3.25 million in Federal Court. Failure to diagnose battered child syndrome resulted in loss of vision in one eye and traumatic brain injury.

$3.25 million Failure to Diagnose

$3.25 million in Federal Court. Failure to diagnose battered child syndrome resulted in loss of vision in one eye and traumatic brain injury.

$3 Million Farm Equipment Defect

$3 million settlement in Supreme Court, Saratoga County. Failure of park-lock on farm equipment resulting in spinal cord injury and paraplegia.

$3 million Spinal Cord Injury

$3 million settlement in Supreme Court, Saratoga County. Failure of park-lock on farm equipment resulting in spinal cord injury and paraplegia.

$3 Million Property Tax - Owner

Obtained a $3 million refund for a property initially denied an exemption for environmental improvements.

$2.95 million Wrongful Death

$2.95 million settlement in Supreme Court, Albany County. Wrongful death due to a failure to diagnose emphysema resulting from ongoing, inadequately treated pneumonia.

$2.75 Million Personal Injury

$2.75 million settlement in Supreme Court, Albany County, in an auto accident case resulting in traumatic brain injury to infant.

$2.5 million Birth Injury

$2.5 million settlement in Supreme Court, Warren County, for failure to timely perform a Cesarean Section, resulting in brain damage to the infant.

$2.5 million Product Liability

$2.5 million verdict in Supreme County, Saratoga county, against General Motors Corporation and others. Product liability involving improper signage along highway work zone.

$2.4 Million Personal Injury

$2.4 million settlement in Supreme Court, Albany County, against local swimming pool manufacturer when 24 year old male was injured in a diving accident resulting in paraplegia.

$2.4 million Construction Accident

$2.4 million settlement – spinal cord injury resulting from a construction accident in Schenectady, New York

$2.4 million Birth Injury

$2.4 million settlement in Supreme Court, Albany County, for failure to timely perform a Cesarean Section, resulting in brain damage and severe disability to the infant.

$2 million Auto Accident

$2 million settlement in Supreme Court, Rensselaer County, awarded to cerebral palsy patient whose condition worsened as a result of injuries suffered in an auto accident.

$2 million Traumatic Brain Injury

$2 million verdict in Court of Claims, State of New York, against the State of New York. A head-on collision caused a traumatic brain injury. The accident occurred during signing and lining of a State highway.

$2 million Birth Injury

$2 million settlement in Supreme Court, Saratoga County, for failure to timely perform a Cesarean Section, resulting in brain damage to the infant.

$2 million Medical Malpratice

$2 million settlement in Supreme Court, Albany County, for malpractice in giving premature infant too much potassium, resulting in stroke that caused loss of use of lower extremities and marked weakness of extremities.

$2.2 million Workplace Injury

$2.2 million settlement in Supreme Court, Schenectady County. Workplace accident to 29 year old male resulting in wrongful death leaving wife and teenage son.

$1.98 million Personal Injury

$1.98 million settlement for carbon monoxide poisoning in Supreme Court, Saratoga County.

$1.95 million Medical Malpratice

$1.95 million settlement in Supreme Court, Oneida County, for failure to timely diagnose herpes simplex encephalitis in infant.

$1.87 million Traumatic Brain Injury

$1.87 million verdict in Supreme Court, Schenectady County, against County of Schenectady and others. A 19 year old pedestrian suffered a traumatic brain injury as result of inadequate highway lighting.

$1.75 million Product Liability

$1.75 million verdict in Supreme Court, Warren County. Product liability against Irwin Elevator company, Inc. involving a workplace accident during elevator maintenance.

$1.65 million Burn Injury

$1.65 million settlement in Supreme Court, Albany County, for burn injuries suffered as a result of a fire induced by electrocautery and anesthesia gas.

$1.5 million Auto Accident

$1.5 million verdict for an automobile accident, Ulster County Supreme Court.

$1.5 million Auto Accident

$1.5 million for multiple fractures sustained during an automobile accident.

$1.5 million Wrongful Death

$1.5 million settlement in Supreme Court, Montgomery County, in wrongful death case resulting from railroad crossing collision.

$1.5 million Auto Accident

$1.5 million settlement in Supreme Court, Albany County. An auto accident caused a traumatic brain injury.

$1.5 million Auto Accident

$1.5 million verdict for motor vehicle accident, Untied States District Court for the Northern District of New York.

$1.5 million Workplace Injury

$1.5 million settlement for workplace injury, United States District Court for the Northern District of New York.

$1.5 million Wrongful Death

$1.5 million for wrongful death: Medical malpractice action

$1.5 million Failure to Diagnose

$1.5 million settlement in Supreme Court, Rensselaer County. A hospital failed to diagnose meningitis in 3 year old female, leading to brain damage.

$1.5 million Wrongful Death

$1.5 million settlement in Supreme Court, Albany County. The wrongful death of a 45 year old male resulted from cardiac repair by means of electro-cauterization, causing cardiac arrest and death. He left a working wife and one son.

$1.5 million Medical Malpratice

$1.5 million verdict in Supreme Court, Rensselaer County, against a hospital for meningitis and deafness.

$1.5 million Failure to Diagnose

$1.5 million verdict in Supreme Court, Schenectady County, against a hospital involving an infection resulting in amputation of leg below the knee.

$1.5 million Medical Malpratice

$1.5 million settlement – malpractice action, United States District Court for the Northern District of New York.

$1.5 million Wrongful Death

$1.5 million settlement in Supreme Court, Saratoga County. Wrongful death of a 41 year old husband, leaving wife and children.

$1.35 million Personal Injury

$1.35 million settlement in Supreme Court, Albany County, for a young boy who tried to jump on a moving train, fell off, and lost both legs below the knees.

$1.35 million Product Liability

$1.35 million in Supreme Court, Herkimer County. Product liability against Ford Motor Company involving spinal cord injury.

$1.25 million Traumatic Brain Injury

$1.25 million for fractured arm, traumatic brain injury (TBI) and intestinal damage: car accident

$1.25 million Construction Accident

$1.25 million for knee replacement: Construction accident

$1.25 million Failure to Diagnose

$1.25 million settlement in Supreme Court, Albany County, for failure to diagnose lung cancer.

$1.225 million Auto Accident

$1.225 million settlement in Supreme Court, Ulster County, in an auto accident case resulting in multiple fracture injuries.

$1.2 million Birth Injury

$1.2 million settlement in Supreme Court, Albany County, for forceps birth injury, resulting in speech impediment and gait imbalance.

$1.175 million Wrongful Death

$1.175 million settlement in U.S. District Court (Northern District of New York) in wrongful death case resulting from auto-pedestrian accident.

$1.15 million Wrongful Death

$1.15 million settlement in Supreme Court, Clinton County for medical malpractice and wrongful death for failure to timely diagnose and treat a pulmonary embolus.

$1.1 million Wrongful Death

$1.1 million settlement in Court of Claims, State of New York, with the New York State Thruway Authority. Wrongful death. A working mother died in a bridge collapse, leaving husband and adult children.

$1.1 million Medical Malpratice

$1.1 million settlement in Supreme Court, Albany County for the failure to timely recognize and treat bile duct perforation. The settlement was for pain and suffering only.

$1 million Nursing Home Abuse

$1 million for wrongful death: Nursing home abuse

$750,000 Construction Accident

$750,000 for multiple fractures and knee replacement: Construction accident

$750,000 Construction Accident

$750,000 for knee injury requiring surgery and resulting in permanent partial disability: Fall down – construction site

$750,000 Wrongful Death

$750,000 for wrongful death: Medical malpractice action

$650,000 Construction Accident

$650,000 for herniated disc at L4/5 requiring surgery: Fall from a roof on a construction site

$625,000 Product Liability

$625,000 for multiple fractures with closed head injury: Products liability – defective transmission (park to reverse/illusory park)

$325,000 Negligence

$325,000 for RADS – Reactive Airways Dysfunction Syndrome – breathing difficulty: Negligent installation of boiler resulting in exposure to toxic fumes

$315,000 Motor Vehicle Accident

$315,000 for herniated disc at C5/6 requiring surgery: Motor Vehicle accident

$300,000 Slip & Fall

$300,000 for fractured oscalis (heel bone): Fall from a ladder

$275,000 Premises Liability

$275,000 for fractured shoulder requiring open surgical reduction: Premises liability – absence of handrail on stairs

Confidential settlement Wrongful Death

Confidential settlement – United States District Court for the Northern District of New York, Ethan Allen ferry

Lehigh Portland Cement Co. v. Assessor (Town of Catskill)

Successful defense of multi-million dollar assessment for regional cement manufacturing plant.

General Electric Co. v. Macejka

1.8 million sq.ft. industrial manufacturing complex; prevented municipality from obtaining income and expense statements from manufacturing operations.

Blue Circle Inc. v. Schermerhorn

Successful defense of $65 million assessment of cement manufacturing plant.

City of Troy v. Kusala

Successful defense of assessment to a municipal dam and reservoir.

Welch Foods Inc. v. Town of Westfield

Defense of assessment on national market, grape processing complex with appeals court upholding majority of trial court determination.

Niagara Mohawk Power Corp. v. Cutler

Successful challenge for petitioner to the Town’s attempt to assess value of the “head” generated by a hydroelectric plant.

Norton Company v. Watervliet

Successful defense to property tax abatement on manufacturing, warehousing and office building complex.

North Pole Resorts, Inc. v. Board of Assessors

Successful defense to the tax certiorari challenge for a regional amusement park.

Eastern Housing Associates v. City Assessor

Obtained reversal of trial court to obtain reductions in assessments of large apartment complex.

Loughran v. Cruickshank

Partition action for 1,300 acre tract of Catskill timberland.

Erie Blvd. Hydropower, LP v. Town of Ephratah

Successful defense to assessment challenge of hydroelectric power project stretching over two Towns and consisting of three separate dams and reservoirs along with a powerhouse, penstock and associated electric facilities.

Niagara Mohawk Power Corp. v. Town of Bethlehem

Successful defense to utility challenge of special district taxation by town special district.

Property Tax - Owner

Reduced assessment by 65% on an assisted living facility

Property Tax - Owner

Reduced assessment by 40% on children's summer camp

Property Tax - Defense

Sustained assessment on national chain drug store after obtaining reversal on appeal following an owner's verdict at trial

Property Tax - Defense

Successfully defended assessment on several different power generation stations

Eminent Domain

The trial court found for the county. Reversed on appeal, with award increased nearly 60%.

Eminent Domain

Post-trial verdict for the owner, obtaining damages approximately 170% above the county's offer. No appeal.

Rensselaer Polytechnic Institute

Obtained a federal preliminary injunction against Rensselaer Polytechnic Institute for violations of an accused student’s rights in a Title IX action

Siena College

Won dismissal of sexual assault charges following a Title IX hearing at Siena College

New York University

Secured dismissal of academic integrity charges following a faculty panel hearing against an accused student at New York University

University of Albany

Negotiated an informal resolution of sexual assault charges without a finding of responsibility against an accused student at the University of Albany

Skidmore College

Advised accused student athletes at Skidmore College in their appeal of student conduct charges

Cornell University

Successfully advised accused student in his defense of academic integrity case at Cornell University

Syracuse University

Won dismissal of academic integrity charges against an accused student following a hearing at Syracuse University

SUNY Geneseo

Successfully defended accused student athlete against sexual assault charges at a Title IX hearing at SUNY Geneseo

SUNY Upstate Medical University

Secured dismissal of sexual misconduct charges against accused graduate student at SUNY Upstate Medical University

Burglary in the Third Degree (Class D Felony) and Resisting Arrest

Client was charged with felony burglary, resisting arrest and various other charges. We were able to get all charges reduced to the noncriminal violations of Trespass and Disorderly Conduct. As a result, not only did the client avoid any criminal record or conviction, the client’s arrest record was sealed.

Class D Violent Felonies and Misdemeanor Assault

Assault in the Second Degree (Class D Violent Felony), Strangulation (Class D Violent Felony), Misdemeanor Assault: We successfully secured a dismissal of one felony on a pretrial motion and secured an acquittal for our client on the remaining felony at trial. Client was convicted only of misdemeanor assault and did no jail time.

Criminal Solicitation in the Second Degree

Criminal Solicitation in the Second Degree (Class D Felony): Client was charged with having attempted to hire a hitman to kill the client’s ex. We made a motion to dismiss based on insufficient evidence and prosecutorial misconduct. The motion was granted, the case was dismissed, and the client’s arrest record was sealed.

Felony Assault on Police Officer

Assault in the Second Degree (Class D Violent Felony), Resisting Arrest, Obstruction of Governmental Administration (misdemeanors): Client was charged with felony assault on a police officer. Following a three-week trial, the client was acquitted of the felony charge, and although convicted on the misdemeanor counts did no jail time.

Attempted Murder

Attempted Murder (Class B Violent Felony): Client was charged with Attempted Murder following a car chase ending in a crash when shots were fired. Secured a reduction to misdemeanor Reckless Endangerment.

DWAI & Possession of a Controlled Substance

Driving While Ability Impaired by Drugs and Criminal Possession of a Controlled Substance in the Seventh Degree (Misdemeanors): Through litigation and negotiation, we were able to secure a withdrawal of all charges against our client. The case and arrest record were sealed.

Assault in the Second Degree

(Class D violent Felony): Client, although innocent, was charged with a violent felony offense – assault – and miscellaneous other related criminal charges. Following our work on the client’s behalf, through which the true facts were brought to light, the case was dismissed in the interest of justice.

DWI and Related Charges:

The client was arrested and charged with Driving While Intoxicated. If convicted, the client would have lost the privilege to drive for over 5 years. We aggressively defended the case through the discovery and moved to dismiss. The motion to dismiss was granted and all charges were thrown out. The client’s arrest record was sealed.

Misdemeanor Sex Offense

Forcible Touching (misdemeanor sex offense): The client was charged with forcible touching, as a sex offense. Client faced up to one year and the stigma of a record of conviction of sex offense. We were able to get the charge reduced to the noncriminal violation of Disorderly Conduct, avoiding jail, probation, or a criminal record for the client.

Criminal Mischief and Petit Larceny

Criminal Mischief (Class E Felony, two counts), and Petit Larceny: Following negotiations in which we called into question the truth of the allegations, we were able to secure a reduction of all charges to a single count of non-criminal Disorderly Conduct, and the client’s arrest record sealed.

DWAI – Class E Felony

Felony Driving While Ability Impaired by Drugs: During a year of litigation, evidentiary problems were brought to light, resulting in our moving to dismiss all charges. Our motion was granted, and the client’s arrest record was sealed.

Misdemeanor DWAI

Through litigation, we were able to establish evidentiary problems with the prosecution of our client. We were able to get the DWAI and all related charges dismissed, and we resolved the case with two simple traffic tickets. Our client never lost the full license to drive, paid only a minimal traffic fine, and had the arrest record sealed.

Petit Larceny

The client, a contractor, was charged with theft upon the complaint of a disgruntled customer. After working the case for many months, we were able to get the entire case dismissed. Our client’s arrest record was sealed.

Possession of a Controlled Substance

Criminal Possession of a Controlled Substance in the Fifth Degree (Class D Felony): Following negotiations, we were ultimately able to get all charges dismissed in the interest of justice. Our client’s arrest record was sealed.

Possession of a Controlled Substance & DWAI

Criminal Possession of a Controlled Substance in the Fifth Degree (Class D Felony), Criminal Possession of a Controlled Substance in the Seventh Degree (Class A misdemeanor), Driving While Ability Impaired by Drugs (Misdemeanor): Although client faced potential prison plea to single count noncriminal DWAI (alcohol), a traffic infraction.

Possession of a Weapon

Criminal Possession of a Weapon (Class C violent felony), Attempted Assault in the First (Class C violent Felony): Following a shots-fired incident, the client was falsely accused of firing an illegal handgun to threaten another person. We were able to secure a dismissal of all charges on behalf of the client.

Menacing in the Second Degree

Menacing in the Second Degree, Criminal Obstruction of Breath, Unlawful Imprisonment: Client was falsely accused of choking and falsely imprisoning the client’s ex. We were able to establish that, in actuality, the client was the victim, the case was dismissed in the interest of justice, and the client’s arrest record was sealed.

Wire Fraud

(Federal Felony): Client was accused of defrauding the federal government. Although the client faced a recommended sentence of multiple years in federal prison, we successfully negotiated a plea and obtained a 3-month sentence.

Grand Larceny in the First Degree

(Class B Felony): Client was accused of embezzlement of over $1 million and faced up to 25 years in prison. Following extensive litigation, we negotiated a plea in which the client served only six months in a local jail.

Felony Cyber Crimes

(State felony): Client was accused of possession of illegal digital material. Following extensive negotiations with the prosecutor’s office, we obtained a non-incarcerative sentence for the client allowing him to return to work and his family.

$3 Million Medical Malpractice

Albany County medical malpractice. Treatment delay leading to death.

$2.85 Million Emergency Room

Westchester County medical malpractice at Emergency Room, misdiagnosis leading the death.

$2.65 Million Pediatric Malpractice

Ulster County, Pediatric Malpractice leading to delay in treatment and injury.

$1.25 Million Premise Liability

Rensselaer County, premise liability leading to injury and disability.

Labor Law Liability

Onondaga County, labor law liability leading to injury and disability.

Case Results