Law Offices of David J. Hernandez & Associates

26 Court Street, Suite 2707
Brooklyn, NY 11242
United States
Phone: (718) 522-0009
Fax: (718) 522-3305
Email: djh@djhernandez.com

Verdicts & Settlements

Personal Injury

Wrongful Death: Structured payout with guaranteed payments of $5,600,000 over 30 years, with expected benefits in excess of $10,000,000.00, for sole infant heir on settlement of $2,400,000.00 for death of a 37 year old security guard.

Car Accidents

Automobile passenger: $1,800,000.00 verdict for negligent maintenance of traffic control device with 80% liability against municipality.

Declaratory Judgment: Numerous cases compelling insurance companies to defend and indemnify insured clients in accordance with premises and automobile policy terms and provisions.

Appeals in State Court: Affirmed judgment in favor of defendant/respondent in ejectment action on counterclaim for adverse possession where client put possession under fraudulent contract of sale and subject to eviction proceedings before satisfying requisite ten year term; affirmed decision denying summary judgment on issue of failure to satisfy threshold injury requirement for automobile accident, holding that chiropractor affidavit alone is sufficient to raise triable issue of fact.

Premises Liability

Dog bites: $330,000.00 settlement from landlord for dog bite from uninsured tenant’s pit bull.

Workplace Injuries

Construction site accident$265,000.00 settlement on behalf of 73 year old retired church board member where defendant argued client was working as a volunteer.

Real Estate

Real Estate: Easements, bar claims, quiet title; specific performance; verdict and judgment awarding title by adverse possession of Brooklyn multiple family dwelling verdict and judgment for specific performance of contract of sale in favor of client-plaintiff against seller condominium sponsor for Brooklyn apartment valued eight times more than the contract price. (Plaintiff closed on contract and is in possession).

Criminal Defense

Defense: Favorable settlement at trial on behalf of homeowner sued by construction contractor for non-payment for services and materials valued in excess of three times the settlement amount; vacate default judgment 21 months after entry.

Foreclosure Defense: Vacate judgment of sale after drop of the hammer, case dismissed, defended second case and settle on favorable terms to client.

Commercial Litigation

Commercial Litigation: Temporary restraining orders and preliminary injunctions; shareholder derivative actions; breach of written and oral contracts for materials, goods and/or services; mechanic’s liens and foreclosure actions.

Family Law

Matrimonial

  • Negotiated divorce settlement as to issues of wife’s educational expenses, custody, child support, and equitable distribution.
  • Vacated a default after client’s prior attorney failed to appear at trial. Negotiated settlement and division of martial residence that wife was attempting to sell and keep proceeds to herself because house was solely in her name.
  • Negotiated new terms of prenuptial agreement during divorce proceeding resulting in a substantial increase in amount client-wife received.
  • Client-husband retained office to draft a modification of terms to stipulation of settlement from his previous divorce based on ex-wife’s failure to abide by the original terms. Two years later, ex-wife moves for Post-Judgment vacatur of both stipulations of settlement. Successfully defended against ex-wife’s post-judgment motion. Thereafter, negotiated terms to remove ex-wife from husband’s property after her failed attempts to overturn the previous stipulations of settlement.

Custody/Visitation

  • Litigated a contentious contested custody matter on behalf of client-father who was granted custody of his two children, including a disabled child, who died several years later. In subsequent litigation between the parties regarding visitation of surviving child, negotiated a settlement in keeping with client-father’s concerns of surviving child’s emotional needs.
  • Successfully litigated grandparent custody petitions in two separate acrimonious proceedings (Queens and Kings County) where father was manipulative and emotionally abusive to his custodial daughters.
  • Successfully negotiated terms of visitation where mother refused to allow client-father any access to the children.

Child Support

  • Client-payee retained our office on the eve of trial for a willfulness and modification proceeding which client had appeared several times pro-se. Appeared before Support Magistrate requesting an adjournment due to both the extensive financials before the court and the threat of client-payee’s incarceration. Support Magistrate ruled that client-payee had to continue with that day’s hearing pro se on the issue of willfulness over counsel’s repeated objections that he has the right to be represented by counsel. Filed objections to Support Magistrate’s ruling which where granted and case remanded for a de novo hearing. After several days of trial, negotiated a favorable settlement as to educational expenses and waiver of arrears.
  • Vacated registration of out of state support order that was improperly served upon client-father for children that had been emancipated for over 10 years. Also resolved issue with Child Support Enforcement which was incorrectly continuing to charge client-father with support causing over $140,000 in liens on his real property. After resolution of both issues, lien was purged and client was able to recoup the $140,000 from the sale of his real property.
  • Father refused to respond to our client-wife discovery demands. A Hearing was held and Court did not find father credible and Child and Spousal support was ordered on behalf of client-wife. Thereafter, responded to father’s objections and Order was upheld.
  • Successfully litigated issue of paternity and DNA of respondent who signed acknowledgment of paternity 12 years prior. Court granted DNA test. When test came back negative, negotiated terms with mother’s counsel for her to withdraw her argument of equitable estoppel.
  • Brother “A” was held out to be the father of a child for several years. Brother “B” discovered years later that he may be the father of subject child. Overcame possible claims of equitable estoppel.

Family Offense: Successfully defended client- father in an order of protection matter. Judge was initially going to dismiss action after petitioner’s case was presented upon our oral motion, however, Judge allowed petitioner to amend petition because of Judge’s concern of the language barrier between petitioner and her counsel. At second day of trial, successfully convinced court after strenuous argument to dismiss with prejudice.

Guardianship: Successfully had father succeed as guardian when it was presented to the court that mother had institutionalized disabled child without court permission yet was still collecting monthly income for her support.

Civil Rico: Multinational corporation’s million dollar plus claim against individual resulting in preventing summary judgment against client and extremely favorable settlement for client.

Board of Directors: claim of fraud against client’s former board and/or officers. Case dismissed on summary judgment after completion of extensive discovery.

“Past Results are not a guarantee of future results.”