Matter of Margarita H. v. Richard D., 2007 N.Y. Misc. LEXIS 8641; 238 N.Y. L.J. 117 (Family Ct. Bronx County 2007) Mr. Lopez successfully represented the respondent father Richard D. in opposition to an application filed by the non-parental guardian to continue her unlawful custody of his daughter. The non-parental guardian assumed custody of the child after the child's mother, hid the child from the father. The mother, her relatives, and the non-parental guardian conspired to permanently deprive the father of his daughter. At trial, Mr. Lopez successfully illuminated the deceptive scheme hatched by the maternal side of the family and went on to persuade the court that the father's efforts in attempting to locate the child negated any argument that he and his family passively accepted the loss of the child. Based on the strong arguments presented by Mr. Lopez, the court found that whatever bond existed between the non-parental guardian and the child was a product of duplicity, which, by its very nature was injurious to the child. Consequently, Mr. Lopez was able to convince the court to rely on the narrowest point of the controlling Court of Appeals decision regarding such custody contests. As such, the non-parental guardian was denied standing and not entitled to custody of the child. This landmark cutting edge decision was reported as a decision of interest in the December 18, 2007 edition of the New York Law Journal. ----------------------- Fifty CPW Tenants Corporation v. Scott W. Epstein et al., 16 A.D.3d 292; 792 N.Y.S.2d 58 (1st Dep’t 2005). Mr. Lopez successfully represented one of the respondents, the contractor who performed the work in question, in opposition to the appeal filed by Fifty CPW Tenants Corporation (hereinafter “Corporation”). In the underlying action the Corporation was sued by a tenant for damages caused by a leaking roof. In response, the Corporation commenced a third-party action for indemnification and contribution against the contractor. During the course of settlement the Corporation brought an independent action against the contractor, seeking recovery on the contractor's masonry and roof guarantees concerning the same work. Ultimately, the Corporation and Mr. Lopez’s client entered into a stipulation discontinuing the third-party action. On appeal, Mr. Lopez skillfully argued that the lower court’s decision dismissing the Corporations’s independent action against the contractor under the doctrine of res judicata was proper. As such, the appeal filed against Mr. Lopez’s client was dismissed and the favorable lower court decision was upheld. ----------------------- The People of the State of New York v. Nathaniel Green, 269 A.D.2d 287; 704 N.Y.S.2d 458 (1st Dep’t 2000). While in his final year of law school, Mr. Lopez was appointed a special student assistant district attorney for the New York County District Attorney’s Office. As such, Mr. Lopez prevailed in defending an appeal on behalf of the People of the State of New York in which the defendant challenged his sentence and conviction. Mr. Lopez persuasively convinced the appellate justices that the jury’s verdict was not against the weight of the evidence submitted at trial. Accordingly, the Appellate Division First Department affirmed the defendant’s sentence as a second felony offender and the jury’s verdict that convicted him of the crimes of grand larceny in the fourth degree, jostling and resisting arrest. |
LAW OFFICE OF JASON LOPEZ
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