Jeffrey W. Gasbarro, Esq.

Representative Matters

• In 2024, Jeff successfully brought an Election Law proceeding to challenge a county political committee's process of filling vacancies. 

• In 2024, Jeff commenced litigation successfully challenging a Village Clerk's improper rejection of a petition for a referendum to move the date of a village election (Matter of Winter v Luft, 83 Misc3d 1285[A] [Westchester Supreme Court], aff’d 230 AD3d 1084 [2d Dept]).

• In 2024, Jeff secured an award of summary judgment in favor of his client by establishing that the plaintiff incorrectly sued the wrong entity. The court accepted Jeff's argument that the mistake was not a simple misnomer and, therefore, the defect could not be cured.

• In 2023, Jeff argued an appeal in a personal injury action, obtaining a ruling that the trial court improperly entered summary judgment against his client under a theory of negligence per se (Bucci v City of New York, 223 AD3d 453 [1st Dept]).

• In 2023, Jeff successfully argued on appeal that a litigant's claim that his attorneys neglected his case did not constitute grounds to vacate a judgment (Sutton v Syla, 223 AD3d 764 [2d Dept]).

• In 2023, Jeff successfully represented several candidates for New York State Supreme Court in two cases where their  nominations for office were challenged. In the first case, the court agreed with Jeff's statutory analysis that the proceeding was barred by the statute of limitations (Matter of Minichino v Fox, 81 Misc3d 405 [Albany County Supreme Court], aff’d 219 AD3d 1637 [3d Dept], lv denied 40 NY3d 905). In the second case, Jeff successfully argued that the petitioner lacked standing to sue Jeff's clients because he was not eligible under the New York State Constitution to hold the office of Supreme Court Justice (Matter of Eisemann v Kosinski, 219 AD3d 1607 [3d Dept], lv denied 40 NY3d 975). Both cases were affirmed by the Third Department, and in each case, the Court of Appeals denied leave to appeal.

• In 2023, Jeff successfully defended a lawsuit challenging his clients' right to have their names on the ballot, based upon his argument that a court order could not extend the statutory deadline for service of the commencement papers (McCrory v Westchester County Board of Elections, 216 AD3d 857 [2d Dept]).

• In 2023, Jeff successfully brought an Election Law proceeding alleging that a multi-candidate designating petition was permeated by fraud, resulting in a court order invalidating the entire petition.

• In 2023, Jeff successfully litigated an Election Law proceeding where a candidate claimed that voters were misled into signing his opponent's petition. The Court accepted Jeff's argument that a voter's signature could not be invalidated on the basis of fraud simply because the voter inadvertently signed a petition sheet that included a candidate he or she did not support.

Published Opinions as a Judge

• People v 179 Highland Realty LLC (83 Misc 3d 1267[A] [2024])

• Ghailan v Carver (81 Misc 3d 1232[A] [2024])

• Felsenfeld v Rogers (78 Misc 3d 970 [2023])

• Magnano v Stewart (71 Misc 3d 1223[A] [2021])

• People v Morocho (71 Misc 3d 1221[A] [2021])