Jack Malley

Jack Malley is co-chair of the firm’s Labor and Employment Practice Group and a member of the Litigation Department. Mr. Malley is an expert litigator and trial attorney with over twenty-five years of experience, who concentrates his practice on the representation of clients in complex commercial, real estate and employment matters.

With respect to his commercial and real estate litigation practice, Mr. Malley represents real estate owners, real estate investment companies, real estate developers, community associations, securities investment funds, broker-dealers, banks, title insurance companies, consumer product manufacturers and distributors, and many other institutional and business entities.

With respect to his employment litigation practice, Mr. Malley represents clients in wage and hour and discrimination suits including collective and class actions. In addition, Mr. Malley counsels employers with respect to the employment issues they regularly face including wage and discrimination policies, terminations, CBA compliance issues, employment agreements containing covenants not to compete, severance and retention policies, and pregnancy and disability accommodations. Mr. Malley has broad experience counseling building owners, managing agents and cooperative and condominium Boards regarding their rights and obligations as employers, including with respect to members of Local 32 BJ and other collective bargaining units.

• Dagro Associates II, LLC v. Chevron U.S.A. Inc., Getty Oil Company, et al, Index No. 59531/15 (2nd Dep't 2022)(Second Department reversed Supreme Court's decision granting Chevron’s and Getty’s motion for summary judgment dismissing environmental contamination claims alleged by commercial property owner represented by Mr. Malley)
• Rodriguez v. Elpida Management, LLC, Index No. 30464/2019E (Supreme Court, Bronx County 2021) (Obtained a summary judgment dismissing claims made by a resident janitor for unpaid overtime wages and violations of NYLL Sec. 195(1) requiring employers provide a hire notice to employees)
• Olcott v. 308 Owners Corp., Index No. 152644/19 (1st Dep’t 2020) (Appellate Division affirmed preliminary injunction enjoining a Manhattan co-op from evicting a son and his family from the apartment he inherited from his father after the co-op board denied his transfer application)
• Olcott v. 308 Owners Corp., Index No. 152644/19 (Supreme Court, New York County 2019) (won a preliminary injunction enjoining a Manhattan co-op from evicting a son and his family from the apartment he inherited from his father after the co-op board denied his transfer application)
• Dagro Associates II, LLC v. Chevron U.S.A. Inc., Getty Oil Company, et al, Index No. 59531/15 (Supreme Court, New York County 2018)(Supreme Court denied Chevron’s and Getty’s motion for summary judgment seeking to dismiss environmental contamination claims alleged by commercial property owner represented by Mr. Malley).
• Estate of Helen Del Terzo, et al v. 33 Fifth Avenue Owners Corp., Index No. 154950/12 (Court of Appeals 2016) (Court of Appeals affirmed First Department’s decision reversing a co-op board’s denial of an application from the estate of a deceased shareholder to transfer her apartment to her two sons and awarding attorneys’ fees to the sons).
• Estate of Helen Del Terzo, et al v. 33 Fifth Avenue Owners Corp., Index No. 154950/12 (2d Dep’t 2016) (obtained summary judgment reversing a co-op board’s denial of an application from the estate of a deceased co-op shareholder to transfer her apartment to her two sons, and an award of attorneys’ fees to the sons).
• Ocampo, et al v.455 Hospitality LLC, Doubletree franchise LLC, et al., Case No. 7:14-CV-09614-KMK (S.D.N.Y. 2016) (obtained order conditionally certifying a collective action with respect to federal and state wage and hour claims asserted by banquet, restaurant, kitchen and housekeeping employees against a hotel franchisee and franchisor).
• Waterfront Joints, Inc. d/b/a Striped Bass Restaurant v. Tarrytown Boat Club, Inc., Index No. 51210/2013 (2nd Dept 2014) (represented respondent where Appellate Division affirmed decision dismissing commercial tenant’s claim for declaratory judgment that lease was not terminated).
• Children of America (Cortlandt Manor) L.L.C. v. Pike Plaza Associates L.L.C., Index No. 4177/10 (Supreme Court, Westchester County 2014) (in commercial lease dispute, obtained verdict for anticipatory breach against tenant and on guaranty against tenant’s parent).
• 60 E. 9th St. Owners Corp. v. Zihenni, 111 A.D.3d 511, 975 N.Y.S.2d 32 (1st Dep’t 2013) (represented respondent where Appellate Division affirmed decision denying motion to vacate order striking appellant’s answer and counterclaims for failure to appear at a scheduled conference).
• 60 E. 9th St. Owners Corp. v. Zihenni, Index No. 104135/08 (Supreme Court, New York County 2013) (obtained award of $203,233.29 reasonable attorneys’ fees in contested inquest).
• Division of Human Rights Determination (2012) (obtained dismissal of complaint alleging that Co-op Board rejected application to purchase Co-op unit because of the applicant’s race).
• Goldcrest Realty Co. v. 61 Bronx River Road Owners, Inc., 83 A.D.3d 129, 920 N.Y.S.2d 206 (2nd Dep’t 2011) (represented appellant where Appellate Division reversed trial court decision granting Yellowstone injunction).
• Tupper v. Janoff & Olshan, Inc., et al, Case No. 10-CV-2116 (EDNY 2010) (negotiated settlement of ADA claim on behalf of employer).
• One Astoria Square, LLC v. Cumberland Farms, Inc., Case No. 09-CV-1713 (EDNY 2009) (negotiated settlement of environmental contamination claim on behalf of developer).
• Jason Carroll v. 137 Duane Condo, LLC, et al, Index No. 600581/09 (Supreme Court, New York County 2009) (negotiated settlement of construction defect claim on behalf of sponsor).

• “An Update on New York's Building-Service Industry Wage Law”, Westchester County Business Journal (May 17, 2021).
• “What penalties can employers suffer for denying coronavirus-based paid sick leave requests?,” Westchester County Business Journal (March 19, 2020).
• "Live-In Supers To Get Overtime Pay", Habitat Magazine (December 2019).
• “A Guide to New York’s Building-Service Industry Wage Order”, Westchester County Business Journal (September 18, 2017).
• “Paid Family Leave Benefits: A Guide for NY Employers”, Westchester County Business Journal (July 17, 2017).
• “Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units”, New York Real Estate Law Reporter (Vol. 31, No. 2 December 2014).
• “Meet the Lunatics Who Run Your Kids’ Sports Leagues, A Coach Dad’s Take on The Wacky World of Youth Sports”, (JRC Publishing 2013) (184 pages).
• “First Department Overrules Decision on Claims Against Condo/Co-op Directors”, New York Real Estate Law Reporter (Vol. 28, No. 11 September 2012).
• “When Letters of Intent for Commercial Leasing are Binding”, New York Law Journal (July 2, 2012).
• “When is a Repair Structural or Nonstructural Under a Commercial Lease?”, New York Real Estate Law Reporter (Vol. 28, No.2 December 2011).
• “Yellowstone Injunctions Are Applicable to Residential Leases”, New York Real Estate Law Reporter (Vol. 27, No. 9 July 2011).
• “Ruling Clarifies Rights of Residential Tenants”, Westchester County Business Journal (May 30, 2011).
• “The Proposed and Enacted Cheeseburger Bills Limiting Obesity Lawsuits”, LJN’s Product Liability Newsletter (November 2005).
• “Punitive Damage Awards: The End of Excess?”, Securities Arbitration Commentator (October 2003).

• Speaker, Is Your Drug Testing Policy Up In Smoke? The Latest On Recreational Marijuana Use Laws and How They Impact Company Employment Policies (Association of Corporate Counsel, Westchester-Southern Connecticut Chapter June 15, 2021)
• Speaker, Covid-New Labor Law Considerations (National Conference of CPA Practitioners April 24, 2020)
• Speaker, Emojis and Sentiment as New Critical Elements in Corporate Communications (Legal Week New York February 6, 2020)
• Speaker, Emoji Liability 101: A Primer on Electronic Message Calamities to be Avoided (Association of Corporate Counsel, Westchester-Southern Connecticut Chapter November 14, 2019)
• Speaker, A Primer on the Fundamental Employment Laws Every Small/Mid-Size Employer Should Know (American Institute of Certified Public Accountants August 14, 2019)
• Speaker, Employee Wage Practices in the Building Service Industry (Yonkers Owners Association June 12, 2019)
• Panelist, Great Minds Think Un-alike. How leveraging the value of difference can enhance your employer brand and create a sustainable competitive advantage. Learn about the latest research, trends and best practices to building a diverse workforce and creating the conditions that can help increase employee engagement, business performance and propel growth. (Business Council of Westchester, Manhattanville College, Purchase, New York, May 9, 2018)
• Speaker, How Roommate Laws Affect Your Complex, Your Proprietary Leases & Your House Rules (The Cooperative and Condominium Advisory Council of Westchester and the Mid-Hudson Region, Crowne Plaza Hotel, White Plains, New York, November 17, 2015)
• Speaker, Addressing Smoking Policies and Problems in Your Building (The Cooperative and Condominium Advisory Council of Westchester and the Mid-Hudson Region, Crowne Plaza Hotel, White Plains, New York, September 30, 2015)  

• Member, New York State Bar Association
• Member, Westchester County Bar Association
• Co-Chair, Membership Committee, Westchester Human Resources Management Association