Matthew M. Gaier

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

I 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 I 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.

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.

Admitted to the New York State Bar in 1988 and to the U.S District Court, Southern and Eastern Districts of New York in 1989.

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

Since 1997, is a partner and appellate lawyer in the law firm of Kramer, Dillof, Livingston & Moore.

Selected as a Fellow of the American Bar Foundation.  Currently on the Board of Directors of the New York State Trial Lawyers Association, and am a member of: the American Bar Association, the American Association of Justice, the New York State Bar Association, the Association of the Bar of the City of New York, the New York County Lawyers Association, and the Westchester County Bar Association.

Lectures on various subjects for the New York State Judicial Institute, the New York State Bar Association, the New York State Trial Lawyers Association, and the Nassau County Bar Association.

I co-author a regular column with my partner, Thomas A. Moore on medical malpractice in The New York Law Journal.  In 2012, I co-authored, along with Norman Bard, the revised edition of the three volume treatise, New York Medical Malpractice.  Also, I authored two chapters in the 2005 revision of the leading treatise, Weinstein Korn Miller, New York Civil Practice.