Andrew Harms is a partner in the New York office of Lewis Brisbois and a member of the General Liability Practice that includes New York labor law and toxic torts.

Andrew is a trial attorney who practices in both State and Federal courts defending businesses and property owners in high exposure tort litigation.  Andrew specializes in New York labor law, toxic torts, catastrophic fire, commercial transportation, concert venue and premises liability matters.  Andrew’s clients include construction companies, commercial property owners, retail franchisors and franchisees and commercial trucking companies, among others. 

An aggressive litigator, Andrew emphasizes hands on investigation and expert analysis for early claim valuation, and integrates insurance coverage and risk transfer strategies to maximize coverage from all viable pockets. Andrew is versed in New York trial practice and successfully handles mediations and arbitrations to resolution.

Publications

Admissions

• State Bar Admissions
  • New York
• United States District Courts
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York

Education

Benjamin N. Cardozo School of Law

Juris Doctor

St. Lawrence University

Bachelor of Arts - History

Representative Matters

Defense Verdicts: 

• Dallas v. Herbert & Mary Tscherne; Kings County Index No.: 501229/2020.  Bicyclist vs. Motorist action; bicyclist claimed he was struck by defendant driver; driver claimed she never struck plaintiff and instead was threatened by plaintiff in a staged accident.  Jury found in defendants’ favor. 
• John Terminiello and Diane Terminiello v. C&S Wholesale Grocers, Inc. and John Doe, Suffolk County Index No.: 613276/2019.  Supermarket store manager claims misleveled pallet that fell on him in our client’s tractor trailer was created by client’s improper loading.  Jury found insufficient proof to establish (1) that mis leveled pallet resulted from our client’s actions; (2) the falling pallet caused plaintiff’s alleged injuries.

Summary judgment and other notable motions: 

• Delbert Davila Turner v. 63 West Realty Corp., et. al.; Queens County Index No.: 704527/2018; secured summary judgment decision from court under legal theory that defendant building owner could not be liable to plaintiff superintendent injured while cleaning debris that was his job to clean.
• William Koch et. al v. Bobcat of New York, Inc. et. al; E.D.N.Y. 19-cv-08081.  Federal products liability action dismissed on collateral estoppel grounds; findings that dismissed plaintiff’s federal administrative proceeding (federal workers compensation claim) were fairly and fully litigated such that collateral estoppel applied in subsequent federal action. 
• Gilbert Santana v. Carolyn Flavin et. al.; Monroe County Index No.: E2023 014452; secure plaintiff’s complete discontinuance with prejudice in fall from ladder Labor Law case after filing summary judgment motion based on homeowners exemption to New York Labor Law.  Motion papers established no commercial usage of the property, nor direction, supervision, or control of the plaintiff’s work. 
• Miguel Vargas v. AP-Tech Contracting Corp. et. al.; Queens County Index No.: 707360/2018; in limime motion at trial for full contractual indemnification granted on the eve of trial in client’s favor ensuring complete passthrough to co-defendant who paid $5 Million to settle the case.  Prior handling counsel for client failed to bring timely SJ motion for indemnity, motion revisited at trial.