Gaier, Matthew

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Address: 217 Broadway, 10th Floor, New York, NY 10007
Lawyer Firm: Kramer, Dillof, Livingston & Moore
Phone: 646-733-4072
Fax: 212-233-8525

Areas of Practice Medical Malpractice

At a law firm of KDLM’s size, Matt Gaier’s ability to devote the vast majority of his time to appellate work, writing briefs and arguing appeals, translates directly into the firm’s prominent success at the appellate level.

Gaier argued Desiderio v. New York Hospital (tried to verdict by Tom Moore) in the State’s highest court, the New York State Court of Appeals, which upheld the largest judgment ever to a single plaintiff in the history of the State – $28.9 million. The decision also upheld principles of statutory interpretation on which Gaier had previously prevailed before the Court of Appeals in Bryant v. New York City Health & Hospital Corporation (tried to verdict by Judy Livingston). These decisions led to changes in the state’s structured judgment statute, affording even greater protections to malpractice plaintiffs throughout the state.

In Altman v. Alpha Obstetrics & Gynecology PC, the Appellate Division, Second Department, affirmed one of Tom Moore’s verdicts for a present value of $9.5 million, the highest amount sustained by that court in a malpractice action on behalf of a brain-injured child. In Martelly v. New York City Health and Hospitals Corp., the Appellate Division, First Department upheld a judgment with a principal present value of over $11 million, the highest judgment sustained by the court in an obstetrical malpractice action.

Gaier also helped KDLM break new ground in Weldon v. Long Island Hospital (tried jointly by Tom Moore and Judy Livingston), in which the Appellate Division, Second Department, affirmed an award of $5 million for past and future pain and suffering, the highest award sustained at that time by the court for pain and suffering.

Gaier’s familiarity with the law finds another audience in the regular column he and senior partner Tom Moore coauthor for the New York Law Journal. Devoted to medical malpractice issues, the column has kept readers abreast of developments in medical malpractice law. Gaier also has authored two chapters in the 2005 revision of the leading treatise, Weinstein Korn Miller, New York Civil Practice. In 2015, Matt was honored by The National Association of Distinguished Counsel, who included him as a member of the Nation’s Top One Percent of attorneys.

Matt has lectured on a variety of subjects for various lawyers’ associations. He is on the Board of Directors of the New York State Trial Lawyers Association.

Matt graduated from George Washington University, Washington, D.C., with distinction in 1983, and from New York University School of Law, with a J.D. degree in 1987.

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