New York, NY
646.666.7692
212.232.1399- Email: Nicholas.Hurzeler@lewisbrisbois.com
- Phone: 646.666.7692
- Fax: 212.232.1399
Nicholas Hurzeler is a partner in the New York office of Lewis Brisbois and a vice chair of the Appellate Practice. Mr. Hurzeler spends the bulk of his time briefing and arguing appeals in the First and Second Departments of New York’s Appellate Divisions, with a strong track record of success. Some of his recent appeals include a liability suit against a family services nonprofit involving assault allegations against a foster child, in which the Appellate Division, First Department upheld the dismissal of the complaint on the ground that the foster care agency did not have notice of the claimed abuse. The same court also upheld the dismissal of a lead paint allegation against a Bronx building and dismissed another complaint against a messenger company involving a road rage allegation that ended with the plaintiff losing a leg in a collision with a taxi cab.
In addition to his appellate work, Mr. Hurzeler also handles extensive motion practice for a variety of general liability matters. In a recent federal court case, he obtained a dismissal in a case involving the question of whether an insurance company was timely notified of a claim and whether it promptly conducted an investigation. In another action, Nick obtained summary judgment in state court dismissing a negligent security claim involving a sexual assault in a bathroom by an unidentified criminal, based on the court’s finding that the defendant bar did not have notice of an imminent assault and could not have prevented it.
Nick also focuses on products liability. He is a member of the firm’s lithium battery practice group, and has extensive experience defending asbestos exposure matters.
Representative Cases
Some of Mr. Hurzeler’s significant appellate victories include the following:
- Petrie v. Golden Touch Transp. of NY, Inc., 173 A.D.3d 787 (2d Dept. 2019)
- Veltre v. Rainbow Convenience Store, Inc., 172 A.D.3d 621 (1st Dept. 2019)
- Jacobs v. Metropolitan Transit Authority, 2019 NY Slip Op 03689 (1st Dept. 2019)
- Moroz v. City of New York, 83 N.Y.S. 3d 300 (2nd Dept. 2018)
- Acevedo v. Episcopal Social Services of New York, Inc., NY Slip Op. 04832 (1st Dept. 2018)
- Schonbrun v. Marjep Realty Corp., NY Slip Op. 1494 (2d Dept. 2018)
- Pontes v. F&S Contracting, LLC, 146 AD 3d 829 (2d Dept. 2017)
- Brodsky v. Amber Court Assisted Living, LLC, 147 AD 3d 810 (2d Dept. 2017)
- Jones v. K & C Limousines of NY, LLC, 2017 NY Slip Op 3127 (1st Dept. 2017)
- Ziman-Scheuer v. Golden Touch Transp. of NY, Inc., 2017 NY Slip Op 3124 (1st Dept. 2017)
- Green v. Himon, 2017 NY Slip Op 4777 (1st Dept. 2017)
- Chander v. Eagle Sanitation, Inc., 2017 NY Slip Op 6154 (2d Dept. 2017)
- Lannon v. 356 West 44th Street Restaurant Inc., 136 AD 3d 528 (1st Dept. 2016)
- Hernandez v. Dunkin Brands Acquisition, Inc., 136 AD 3d 980 (2d Dept. 2016)
- Quarey H. v. Windham, 137 AD 3d 501 (1st Dept. 2016)
- Henning v. 17 Murray Rest Corp., 137 AD 3d 1216 (2d Dept. 2016)
- Franklin-Hood v. 80th St., LLC, 138 AD 3d 609 (1st Dept. 2016)
- Bautista v. Grand Ambulette Service, Inc., 140 AD 3d 639 (1st Dept. 2016)
- Matos v. Tai, 124 AD 3d 848 (2d Dept. 2015)
- 24 Fifth Owners, Inc. v. Sirius Am. Ins. Co., 124 AD 3d 551 (1st Dept. 2015)
- Zhou v. 131 Chrystie Street Realty Corp., 125 AD 3d 429 (1st Dept. 2015)
- Koziar v. Grand Palace Restaurant, 125 AD 3d 607 (2d Dept. 2015)
- Stephanie N. v. Davis, 126 AD 3d 502 (1st Dept. 2015)
- Moffett-Knox v. Anthony's Windows on the Lake, Inc., 126 AD 3d 768 (2d Dept. 2015)
- Moreno v. Golden Touch Transportation, 129 AD 3d 581 (1st Dept. 2015)
- Derieux v. Apollo NY City Ambulette, Inc., 2015 NY Slip Op 6490 (2d Dept. 2015)
- Rothstein v. Elohim, 133 AD 3d 839 (2d Dept. 2015)
- Amato v. National Specialty Insurance Company, 134 AD 3d 966 (2d Dept. 2015)
- Stanford v. Smart Pick, Inc., 134 AD 3d 1096 (2d Dept. 2015)
- Issurdatt-Hafeez v. Hooks & Ladders, 2014 NY Slip Op 50273 (A Term, 1st Dept. 2014)
- Nussbaum v. Broken Down Valise Pub, 115 AD 3d 718 (2d Dept. 2014)
- Ramirez v. McAllister, 117 AD 3d 932 (2d Dept. 2014)
- Mineola Automotive, Inc. v. Millbrook Props., Ltd., 118 AD 3d 680 (2d Dept. 2014)
- Samantha G. v. Concilio De Iglesias De Pentecostales Vision Para Hoy, Inc., 118 AD 3d 487 (1st Dept. 2014)
- Abuzeed v. Mile Sq. Transp., Inc., 119 AD 3d 621 (2d Dept. 2014)
- Anchumdia v. Tahl Propp Equities, LLC, 123 AD 3d 505 (1st Dept. 2014)
- Felicia v. Boro Crescent Corp., 105 AD 3d 697 (2d Dept. 2013)
- Spero v. Awasthi Ltd. Partners, 106 AD 3d 988 (2d Dept. 2013)
- Franchini v. American Legion Post, 107 AD 3d 432 (1st Dept. 2013)
- McGough v. Cryan, Inc., 111 AD 3d 900 (2d Dept. 2013)
- Roach v. Citywide Mobile Response Corp., 2013 NY Slip Op 411 (1st Dept. 2013)
- Williams v. Shiva Ambulette Serv. Inc., 102 AD 3d 598 (1st Dept. 2013)
- Lee v. ANA Dev. Corp., 110 AD 3d 479 (1st Dept. 2013)
- Quality Bldg. Contr. Inc. v. Delos Ins. Co., 110 AD 3d 505 (1st Dept. 2013)
- Bachan v. NYC Partnership Housing Development Fund Company, Inc., 112 AD 3d 571 (2d Dept. 2013)
- Shaw v. Bluepers Family Billiards, 94 A.D.3d 858 (2nd Dept. 2012)
- Knudsen v. Mamaroneck Post No. 90, 94 A.D.3d 1058 (2d Dept. 2012)
- Nelson v. 40-01 Northern Boulevard Corp., 95 A.D.3d 851 (2d Dept. 2012)
- Akinola v. Palmer, 2012 NY Slip Op 6115 (2d Dept. 2012)
- Garcia v. Sunny Transp. Servs., 2012 NY Slip Op 7086 (2d Dept. 2012)
- Ardila v. Cox, NY Slip Op 07385 (2d Dept. 2011)
- Hardesty v. Slice of Harlem, 79 A.D.3d 472 (1st Dept. 2010)
- Lee v. Ana Development Corp., 83 AD 3d 545 (1st Dept. 2011)
- Horvath v. L & B Gardens, Inc., NY Slip Op 08124 (2d Dept. 2011)
- Schwartz v. Bleu Evolution, NY Slip Op 08980 (1st Dept. 2011)
- Leary v. Dallas BBQ, NY Slip Op 00295 (1st Dept. 2012)
- Sheinmel v. Comar Rests., Inc., NY Slip Op 06100 (2d Dept. 2011)
- Rizos v. Galini Seafood Rest., 2011 NY Slip Op 08576 (2d Dept. 2011)
Admissions
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State Bar Admissions
- New York
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United States District Courts
- United States District Court for the Eastern District of New York
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United States Courts of Appeals
- United States Court of Appeals for the Second Circuit
- United States Supreme Court
Admissions
New York
Supreme Court of the United States
United States District Court for the Eastern District of New York
United States Court of Appeals for the Second Circuit
Associations
- New York State Bar Association
- New York County Lawyers Association
Education
New York Law School
Juris Doctor, magna cum laude, 2006
McGill University
Bachelor of Arts in Russian and History, 2002
Publications
- Author, "New York Appellate Decision May Ease Defense Access to Social Media Accounts," Lewis Brisbois, November 13, 2020
- Author, "New York Trial & Appellate Team Secures Reversal of Jury Verdict in Dram Shop Case - Plaintiff Must Prove Alcohol Was Served to a "Visibly Intoxicated Person," Lewis Brisbois, September 3, 2020
- Author, “Governor Cuomo Issues Newest Executive Order Extending the Tolling of Civil Laws and Deadlines,” Lewis Brisbois, May 08, 2020
- Author, “Convictions Handed Down in $31.7 Million Trip-And-Fall Criminal Fraud Scheme,” Lewis Brisbois, May 01, 2020
- Author, “An Update on NY Courts from Lewis Brisbois' New York Appellate Team,” Lewis Brisbois, March 27, 2020
- Co-Authored, “New York Trial Team Obtains Defense Verdict in Multimillion-Dollar Sidewalk Trip & Fall,” Lewis Brisbois, December 10, 2019
- Co-Authored, “Lewis Brisbois New York Team Settles TBI Case for $15K in Wake of Favorable Kings County Ruling,” Lewis Brisbois, December 06, 2019
- Co-Authored, “Bronx Judge Denies Plaintiff's Bid to Increase Six-Figure Jury Verdict in Case Involving Lumbar & Cervical Fusions,” Lewis Brisbois, November 05, 2019
- Co-Authored, “Appellate Decision May Lead to More Unified Trials Across New York’s Second Department,” Lewis Brisbois, September 23, 2019
- Author, “New York Appellate Court Upholds Only $250K for Cervical Fusion Pain and Suffering Award,” Lewis Brisbois, September 13, 2019
- Co-Authored, “New York Court of Appeals: Defendants Can Now Obtain Medical Records for Injuries Not Alleged in Bill of Particulars,” Lewis Brisbois, September 12, 2019
- Author, “Update: New York’s Child Victims Act In Effect From Today,” Lewis Brisbois, August 14, 2019
- Author, “New York Legislature Alters Civil Jurisprudence With Passage of Several Important Measures,” Lewis Brisbois, June 26, 2019
- Author, “The ‘Feigned Issue’ Rule: Ripe for a Legislative Fix?” New York Law Journal, April 23, 2019
- Author, “New York Enacts Statutes Impacting Admissibility of Certain Evidence at Trial” Lewis Brisbois, February 15, 2019
- Author, “New York’s Appellate Division, First Department Expands Discovery of Electronic Devices,” Lewis Brisbois, January 25, 2019
- “Strategies for Defending Low-Impact Collisions With Fusion Surgeries in NY,” New York Law Journal, August 25, 2017
- Author, “Maximizing the 'Empty Chair' Defense in Premise Liability Cases”, New York Law Journal
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