William T. O'Connell

Bill has appeared on behalf of firm clients and won cases in three of New York’s four appellate divisions, two federal circuit courts, and other state trial and appellate courts. His appellate successes include:

• Marlborough v. Azimut-Benetti, 505 Fed. Appx. (11th Cir. 2013): Obtained affirmance in the Eleventh Circuit of the district court’s grant of summary judgment to a foreign yacht manufacturer in yacht purchaser’s action alleging breach of warranty under the Magnuson-Moss Act and violation of Florida’s deceptive acts and practices statute, and successfully opposed purchaser’s petition for writ of certiorari before U.S. Supreme Court.
• Fernandez v. Performance Boats, S.A., Case No. 11-004158 CACE 02, Florida Circuit Court, Broward County, 17th Judicial Circuit: Won dismissal of yacht purchaser’s complaint alleging breach of contract and breach of warranty on forum non conveniens
• Turner v. Davis, 105 A.D.3d 946 (2d Dep’t 2013): Won affirmance of dismissal of lead-paint exposure case in which, despite the fact that the defendant-wife was a co-owner of the affected premises with her ex-husband, the wife established that she had relinquished control of the premises by virtue of the divorce agreement and court order.
• Delanoy v. City of White Plains, 83 A.D.3d 773 (2d Dep’t 2011): Successfully defeated municipal defendants’ appeal of the denial of their motion for summary judgment based on the doctrine of governmental immunity.
• Holifield v. Seraphim, LLC, 92 A.D.3d 841 (2d Dep’t 2012): Obtained reversal of trial court’s order and dismissal of Labor Law § 240[1] and § 241[6] claims based on the statutory homeowners’ exemption, and the Labor Law 200 and negligence claims on the merits.

With Goldberg Segalla as your legal partner, you’ll begin every new construction venture supported by trusted advocates who firmly grasp the complex environment you operate in and have the tools to help you master it. Lawyers in our Construction Practice Group truly understand construction. Bill’s successes in this area include:

• Abelleira v. City of New York, 35 Misc. 3d 1240(A) (Sup. Ct. Kings Co. 2012): Obtained dismissal of Labor Law § 240[1] and 241[6] causes of action by asking court to search the record and dismiss on the merits, after plaintiff prematurely moved for summary judgment prior to joinder of issue.
• Lipari v. AT Spring, 2012 N.Y. Misc. LEXIS 2806 (Sup. Ct. N.Y. Co.): Successfully opposed a plaintiff’s two motions for severance or separate trials of damages action on Labor Law § 240[1] claim and third-party indemnity claims.
• Zambrotta v. 2935 Equities, Kings County Index No. 18686/03: Obtained summary judgment dismissing a defendant’s third-party complaint seeking contractual indemnification on the ground that no agreement to indemnify was entered into prior to the plaintiff’s accident.

• Co-Author, “Jury Instructions,” Preparing for and Trying the Civil Lawsuit, 2d Ed., 2016 Rev., New York State Bar Association
• Contributor, “Construction Site Personal Injury Litigation, New York Labor Law,” New York State Bar Association 2010 Supplement

• Presenter, “Taking, Perfecting, and Arguing the Appeal,” New York State Bar Association, February 18, 2016