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Charles Palella
New York Office

437 Madison Avenue
New York, NY 10022

P: 212-867-9500
F: 212-599-1759

Biography

Charles Palella serves as the firm’s deputy general counsel. Charles has for more than 30 years concentrated in the area of appellate litigation, commercial litigation and tort litigation. Cases that he has handled have had a significant impact on the development of New York law in the areas of insurance coverage, civil procedure and tort liability. He has experience advising engineering and architectural firms, manufacturers, real estate developers.

Charles’ litigation experience encompasses a wide spectrum of issues. Recent matters which he has handled include: obtaining a dismissal of a breach of contract action on behalf of a major banking institution stemming from a disputed indemnity provision of an asset purchase agreement;  obtaining a dismissal of a complaint  on behalf of a nationally recognized real estate developer and related entities in  an action alleging claims of aiding and abetting breach of fiduciary duty and aiding and abetting fraud, which sought to hold defendants liable based upon a Texas jury verdict and judgment of over $50 million against a nonparty entity; obtaining a major ruling from the New York Supreme Court Appellate Division, First Department on behalf of a coalition of cooperative apartment buildings formed to challenge the illegal use of a historic church building as a commercial catering hall; obtaining a favorable ruling from the United States Court of Appeals for the Second Circuit which dismissed all service mark infringement and related claims against the firm’s client and granted the client’s counterclaim for cancellation of the opponent’s service mark registration;  successfully defending one of the country’s leading hospitals in breach of contract claims; overseeing the defense of over 8,000 individual claims brought against a major structural engineering firm stemming from its work on the cleanup of the World Trade Center site after 9/11/01, and navigating the complex insurance coverage issues raised by those claims; successfully defending a large plastics manufacturer in a toxic tort claim; and representing a leading university in an estate litigation involving a bequest to its endowment.

Charles also has significant experience with alternative methods of dispute resolution and has resolved a number of matters through the use of such ADR organizations as AAA and JAMS.

Before joining Montgomery McCracken, Charles was a partner with Kurzman Karelsen & Frank, LLP.

Selected Representations

Selected Publications

  • Noted in connection with a New York state court decision on behalf on behalf of Private Jet Services in a case involving an employee’s noncompete restrictive covenant, “Ex-Employer Denied Restraining Order, Enforcement of Restrictive Covenant,” New York Law Journal, December 18, 2014 (a version of this article that also appeared online can be viewed here).
  • Interviewed and quoted in connection with an Appellate Division victory on behalf of a coalition of cooperative apartment buildings formed to challenge the transformation of an historic church building into a commercial catering hall, Catering Hall That Leases Space in Church Loses Liquor License, New York Law Journal, January 20, 2012

Community Involvement

  • Member of the board of directors, Evergreen Review literary magazine and website

Honors & Awards

Professional Activities & Achievements

  • New York County Lawyers Association

Academic Achievements

Charles received a J.D. degree from The Columbus School of Law, The Catholic University of America in 1978. He graduated from Antioch College with a B.A. degree in 1975.