Joshua S. Moskovitz

moskovitz@bcmlaw.com

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Joshua S. Moskovitz is a seasoned litigator who focuses on civil rights matters. He has been lead counsel on Section 1983 cases throughout the federal and state courts of New York. For the past three years, Super Lawyers has named Josh a "Rising Star" in the New York area for his civil rights work.

Before co-founding Bernstein Clarke & Moskovitz, Josh was a senior attorney at Beldock Levine & Hoffman, where he worked with legendary civil rights attorneys, including Myron Beldock.  Josh has been part of the litigation efforts in landmark cases like the wrongful convictions of the Central Park Five, the ground-breaking stop-and-frisk case Floyd v. City of New York, and representing the Estate of Eric Garner.

In addition to his trial work, Josh maintains an active appellate practice. He has won appeals in federal and state appellate courts throughout New York.

Education

Benjamin N. Cardozo School of Law, J.D. summa cum laude 2010 (Law Review, Order of the Coif, Dean's Distinguished Scholar)
New York University, B.A. magna cum laude 2005

Clerkships

Hon. James L. Dennis, United States Court of Appeals for the Fifth Circuit, 2010-2012

admitted

New York
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the D.C. Circuit
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the Northern District of New York

AWARDS

2015-2017 Super Lawyers, Rising Star in Civil Rights (New York Metro Area)

PUBLICATIONS

"Expanding Access to Mental Health and Substance Abuse Services Through Parity Laws and the Affordable Care Act," Reentry Planning for Offenders with Mental Disorders: Policy and Practice, Vol. II, Ch. 6 (Henry A. Dlugacz, ed., Civic Research Institute 2015).

Note, The Usual Practice: Raising and Deciding Failure to Exhaust Available Administrative Remedies as an Affirmative Defense Under the Prison Litigation Reform Act, 31 Cardozo L. Rev. 1859 (2010).

Representative Cases

  • Co-counsel with Jonathan C. Moore in securing $6.9 million settlement for the Estate of Eric Garner.

  • Negotiated $515,000 settlement for former New York City schools principal following successful appeal reinstating First Amendment claim.

  • Secured temporary restraining order against the NYPD for enforcement of "no beard" policy against Muslim officer.

  • Negotiated $220,000 settlement after successfully adding a Monell claim based on NYPD's lack of training for executing search warrants.

  • Negotiated $75,000 settlement for arrest of two young men illegally stopped inside a New York City Housing Authority building.

  • Successfully defeated motion to dismiss in class action challenging an NYPD practice of unconstitutional automobile checkpoints (McLennon v. City of New York, 171 F. Supp. 3d 69 (E.D.N.Y. 2016)).

  • Defeated motion to dismiss for false imprisonment of a student (Faiaz v. Colgate University, 64 F. Supp. 3d 336 (N.D.N.Y. 2014)).

  • Lead counsel in an evidentiary hearing before Hon. Jack B. Weinstein leading to summary judgment victory.

Representative Appeals

  • Hughes v. City of New York, 680 Fed. App'x 8 (2d Cir. 2017) (reversed motion to dismiss First Amendment retaliation claim).

  • Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015) (reversed summary judgment and remanded excessive force claim for trial).

  • Mitchell v. City of New York, 841 F.3d 72 (2d Cir. 2016) (on the briefs) (reversed summary judgment on false trespass arrests).

  • People v. Taylor, 15 N.Y.3d 518 (2010) (on the briefs) (won reversal of depraved indifference murder conviction)

  • People v. Phillips, 124 A.D.3d 493 (1st Dep't 2015) (won sentence reduction for arson conviction).

  • Matter of Mitchell v. City of New York, 134 A.D.3d 941 (2d Dep't 2015) (reversed denial of late notice of claim petition for false arrest).