Matthew K. Finkelstein

A talented litigator with more than 25 years of in private practice and government service, Matthew Finkelstein is a leading member of the London Fischer’s Transportation Litigation, Trucking Liability, Premises Liability, Products Liability, and Construction Accidents practice teams. He also has directed numerous Catastrophic Event Investigation teams, identifying key witnesses and acquiring and preserving the forensic data needed to develop winning defenses in ensuing litigation.

Matthew’s clients include trucking companies, motor carriers, automobile manufacturers, dealerships, consumer and industrial product manufacturers and distributors, pupil transportation providers, property management companies, and independent hotels. He consistently delivers favorable outcomes on behalf of his clients, including obtaining early case dismissals, summary judgment victories, mediated settlements, and defense verdicts at trial.

As a litigator, Matthew has extensive experience in both Federal and State courts and approaches each case as a unique challenge requiring creative and aggressive defense strategies. He has been admitted pro hac vice in multiple states at the request of clients who sought his specialized knowledge and effective representation.

Matthew also is a sought-after speaker often asked to present on discovery issues related to digital evidence preservation, acquisition and analysis, investigation, and defense of truck and bus accidents, uninsured and underinsured motorist claims, and handling of no-fault claims.

Among his significant victories:

•Summary judgment in a personal injury case involving a collision between a truck and an E-scooter in Queens, New York. The E-scooter driver crossed the road against a red light, causing the collision. Matthew moved the case to Federal Court, gathered evidence, and successfully argued that the plaintiff's expert opinions were unreliable, leading to a dismissal of the lawsuit. The decision was not appealed. https://static.londonfischer.com/docs/Qrder%20Granting%20Summary%20Judgment.pdf
•In a lawsuit filed by a bus driver over a trip and fall on a leased walkway, Matthew successfully argued that workers' compensation was the exclusive remedy due to common ownership between the bus company and the plaintiff's employer. He also showed that the lessor had no duty to maintain the walkway, leading to summary judgment in favor of the defendants, which was not appealed. Sherry Castro v. 612 Wortman Ave. LLC, et al., Sup. Ct. Kings Cty. Index 513035/2017.
•Led a legal team that successfully defended a vehicle title owner from liability in a case involving a serious accident. The plaintiffs appealed to the Appellate Division, Second Department, arguing against protection under the Graves Amendment. However, the court unanimously upheld the lower court's decision, determining that the defendant qualified for Graves Amendment protection, marking a significant precedent-setting decision on this issue. Gluck v. Nebgen and NILT, 2010 N.Y. Slip Op. 03408 (2d Dep't, April 27, 2010).

Before joining London Fischer in 2000, Matthew served as Assistant Corporation Counsel in the City of New York’s Law Department. He graduated Cum Laude from St. John’s University School of Law in 1996.

Outside of his legal practice, Matthew enjoys spending time outdoors gardening, biking, and golfing.

Memberships

•New York State Academy of Trial Lawyers

Memberships

•New York State Bar Association

News & Insights

April 20, 2023

London Fischer Wins Summary Judgment Dismissal In Truck/E-scooter Collision

April 27, 2010

Appeal Pursuant To The Graves Amendment Defeated In The Appellate Division, Second Department

April 15, 2009

Action Dismissed Under The Graves Amendment