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, on landmark cases like the wrongful convictions of the Central Park Five. Josh continues to work with Beldock Levine & Hoffman as "of counsel" on a number of cases, including 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 (Articles Editor Cardozo Law Review; Order of the Coif; Felix Frankfurter Award; Best Written Work in Criminal Law; Dean's Distinguished Scholar; Public Service 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 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

  • Estate of Eric Garner (co-counsel to Jonathan C. Moore in securing $6.9 million settlement with the City of New York and Richmond University Medical Center) 

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

  • Syed v. City of New York et al. (S.D.N.Y.) (secured temporary restraining order against the NYPD for unlawful enforcement of "no beard" policy against Muslim officer)

  • McClary v. City of New York et al. (E.D.N.Y.) (negotiated $220,000 settlement after successfully adding a Monell claim based on NYPD's lack of training for executing search warrants on a home)

  • James et al. v. City of New York et al. (S.D.N.Y.) ($75,000 settlement for false arrest of two young men illegally stopped inside a New York City Housing Authority building)

  • McLennon v. City of New York et al. (E.D.N.Y.) (class action challenging unconstitutional automobile checkpoints)

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

  • 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) (secured sentence reduction for arson conviction)

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