Recent Civil Cases
$3,000,000 – School Hazing and Sexual Assault: recovered for two minor clients who were injured when the school district at which they were students negligently failed to supervise a football team training camp.
$2,000,000 – False Arrest / Malicious Prosecution- for client who spent two years in Rikers Island prison after being falsely arrested and maliciously prosecuted for murder where Detective assisted a witness in selecting the defendant from a line-up.
$1,750,000 – Burn Injury: Settlement for a 6 month-old girl sustained third degree burns on her neck and left arm. Her family’s landlord performed a horribly negligent repair on the heating system in her apartment in Queens, leaving a dangerously hot pipe uncovered. The little girl fell onto the pipe when she rolled off her bed.
$1,250,000 – Unlawful Imprisonment and False Arrest: a 17 year old mentally challenged individual was falsely arrested and accused of Attempted Murder and Rape in the First Degree and spent 7 months incarcerated before DNA proved his innocence. This is one of the largest settlement ever paid by the City Of New York for a False Arrest case.
$1,000,000 – Labor Law: recovered for a 33 year old male laborer who fell from 6 foot unsecured “A” frame ladder at a large residential construction site in Queens. He sustained a severe laceration to his wrist resulting in nerve damage and a frozen shoulder.
$800,000 – Torn ACL requiring four surgeries – client, a 40 year old man was thrown to the ground when the hydraulic liftgate failed on the truck he was using to make deliveries.
$625,000 – Fractured Cervical Vertebrae: client unknowingly stepped into a worksite excavation that had been left unprotected at a construction site.
$600,000 – Fractured Cervical Vertebrae, Surgery: client, a roofer, was knocked off his company’s delivery truck due to a negligently maintained boom operation switch.
$440,000 – Police Brutality Claim: recovery for a 55 year old man beaten and arrested in Queens by police after he didn’t turn over his ID fast enough. He was charged with disorderly conduct and resisting arrest. Our client spent 17 hours in jail, and was treated for bumps and bruises at hospital emergency room. The criminal case was dismissed at his first court appearance.
$435,000 – Sexual Abuse: settlement reached on behalf of an 8 year old boy who was sexually abused by his school teacher in a New York City Public School, located in Queens. The teacher had been previously accused of touching children in his class in an inappropriate sexual manner but was somehow allowed to continue to teach.
$420,000 – Fractured ankle and knee: slip and fall down a flight of stairs in a Bronx apartment building that were wet due to landlord’s negligent maintenance of stairway windows.
$400,000 – Fractured Patella: trip and fall over a negligently maintained area surrounding a gas station pump.
$350,000 – Torn labrum requiring arthroscopic shoulder surgery – client fell while descending stairs at an art and design school in NYC. The stairs had been recently mopped and no warning was posted.
$300,000 – a women in her mid-70’s tripped on an unmarked sprinkler head, which was negligently installed on her lawn. The fall resulted in a fractured ankle, which required surgery. Settlement was reached in Suffolk county during trial.
$290,000 – Three Fractured Teeth: client was struck while crossing a street with the right of way; defendant struck her with a commercial van knocking her to the ground.
$250,000 – Hostile workplace – client was the victim of sexual harassment while employed at a law firm.
$225,000 – client had been subjected to excessive force by two members of the New York City Police Department during her arrest, resulting in a fractured tibial plateau.
$210,000 – client tripped and fell over an excavated utility trench on a Manhattan street and suffered a blow-out fracture of his orbital socket treated without surgery.
$200,000 – second degree burns on back and flank – client, a 9 year old boy, was attending a party at a catering hall on Long Island when his shirt was ignited by a negligently placed candle on a cocktail table.Sexual Abuse: settlement recovered for a 17 year old female, who was sexually abused starting when she was 15, by an employee at a prominent national youth club located on Long Island. The club had been on notice that there was an “inappropriate” relationship between the two and did nothing about it.
$200,000 – second degree burns on back and flank – client, a 9 year old boy, was attending a party at a catering hall on Long Island when his shirt was ignited by a negligently placed candle on a cocktail table.
$165,000 – Ruptured Patellar Tendon: client slipped on a staircase leading to the front of a private home, staircase had been negligently repaired by the homeowner.
$150,000 – Motorcycle accident: client suffered fractured teeth and wrist, as well as underwent surgery due to the City’s negligent maintenance of a portion of the Van Wyck Expressway which allowed water to accumulate.
$150,000 – Leg Fracture: client’s leg was caught in a taxi cab’s door when another taxi backed up into the door trapping the client’s leg.
$125,000 – Client was one of four teenagers killed in a one car accident on the Southern State Parkway. The driver, who was the sole survivor, was a friend who had been drinking and smoking pot, was driving almost 100 m.p.h. when he lost control of the car and crashed into a tree. Recovery limited by the defendant’s $500,000.00 insurance policy which was split evenly among the four families of the deceased.
$92,500 – client was struck by automobile while crossing Manhattan street mid-block. She sustained a fractured tibial plateau and underwent surgery. Recovery limited by defendant’s $100,000.00 insurance policy. Compensation obtained exceptionally fast, pre-litigation, only three months after accident.
$60,000 – Client slipped on ice that had formed on the sidewalk in front of her building, as she returned home to her apartment in Manhattan. She had a simple non-displaced fracture in her ankle and had a good recovery. Ice had formed after a pipe burst in frigid weather. Robert P. Kelly argued that the landlord should have done a better job of securing the site before allowing people to cross the sidewalk to enter the building. Case settled pre-litigation.
Mr. Kelly has tried hundreds of criminal cases, with successful results, for his clients that have been charged with murder, sex crimes, robbery, assault, gun possession, drug crimes, Dwi-Dui, and burglary.
People of the State of New York v. PD
Mr. Kelly successfully defends prominent New York City attorney accused of causing serious injury when driving while intoxicated. After a lengthy trial, our client was acquitted of all serious charges and only found guilty of a traffic infraction and unclassified misdemeanor. He had been facing years in state prison. With his tough and aggressive trial tactics, Mr. Kelly was able to ensure that our client will not automatically lose his license to practice law. Our client was thrilled that he will be able to continue earning a living as a practicing lawyer in New York.
People of the State of New York v MS
Client found not guilty after trial by Mr. Kelly after being accused of robbery in the 2nd° in Queens County, facing seven years in state prison.
People of the State of New York v GG
Retired Vietnam vet charged with multiple counts of criminal possession of weapon has case dismissed after Robert P. Kelly investigation and pre-trial suppression hearing showed that police lied about searching his home.
People of the State of New York v RV
Client facing life in jail for drug possession has case dismissed after Kelly showed that police search was of his backpack was unconstitutional.
People of the State of New York v GC
Client facing life in jail for drug possession has case reduced and serves 1 year after Kelly showed that police search of his car was unconstitutional after a traffic stop.
People of the State of New York V GL
DWI charges dismissed after motion filed by Kelly showed that the prosecution unreasonably delayed in bringing the case to trial.
People of the State of New York v EJ
DWI case dismissed after Robert Kelly showed that police officer lied about the arrest of client.
People of the State of New York v AS
DWI client had charges reduced from aggravated DWI to Driving While Ability Impaired after Kelly negotiated a special arrangement with the DAs office allowing client to complete a treatment program.
People of the State of New York v WG
Client charged with kidnapping conspiracy has charges dismissed after investigation by Robert P. Kelly.
Conspiracy to Traffic in Counterfeit Goods – United States District Court – Western District of New York
Client who faced five years in federal prison was sentenced to only one year of probation after successful investigation showed extremely limited role in the conspiracy.
Driving While Intoxicated with Accident
New York City Criminal Court, Bronx County
All charges dismissed against client after successful speedy trial motion filed by Robert P. Kelly.
New York City Criminal Court, New York County
All charges dismissed against our client who was arrested after being found in a New York City park after closing hours. Charges dismissed after it was revealed that the police officers had brutally assaulted our client at the time of his arrest. A successful excessive force claim was brought in the United States District Court for the Southern District of New York resulting in a $65,000.00 payment to the client.
Murder in the Second Degree
New York State Supreme Court, Kings County
Client facing 25 years to life for a shooting in the vestibule of a Brooklyn apartment building, sentenced to only 10 years after an investigation by our office revealed substantial weaknesses in the prosecution’s case.
New York State Supreme Court, New York County
All charges dismissed against client who was an employee of a shipping store after Robert P. Kelly conducted a full investigation revealing that client was improperly arrested and charged. Successful false arrest civil suit was filed against the City of New York which resulted in a $25,000.00 payment to client.
Manslaughter in the First Degree
New York State Supreme, Queens County
Client found not guilty of all charges after killing her husband following years of physical and psychological abuse. Client rejected an offer of probation and was acquitted on all charges after trial, when Mr. Kelly demonstrated that our client was properly acting in self defense.
Criminal Possession of a Controlled Substance in the First Degree
New York State Supreme Court, New York County
All charges dismissed against client facing 25 years to life for possession of more than a kilo of cocaine, after cross-examination by Mr. Kelly showed that investigating detective lied about the seizure of the bag containing drugs.