Matthew Gaier
About Matthew Gaier
Matthew Gaier is a partner at Kramer, Dillof, Livingston & Moore and devotes the majority of his practice to appellate work, writing briefs and arguing appeals before New York's highest courts. He is the co-author of the three-volume treatise New York Medical Malpractice (Revised Edition), a definitive compendium of New York malpractice law, and co-authors a regular column for the New York Law Journal with partner Thomas Moore. His appellate victories include sustaining a $28.9 million judgment in Desiderio v. New York Hospital (the largest single-plaintiff judgment in state history at the time), and securing new trials that led to verdicts of $130 million in Reilly v. Ninia and over $29 million in Klupchak v. First East Village Associates. He established a special duty in Applewhite v. Accuhealth, Inc. before the New York Court of Appeals, leading to a $172 million damages finding. In 2019, Best Lawyers recognized him as Lawyer of the Year in product liability in the New York area. He is a member of the National Association of Distinguished Counsel (Top 1% of U.S. attorneys) and has been listed in Super Lawyers since 2007. Gaier graduated from George Washington University in 1983 and from New York University School of Law in 1987.
Notable case results
In Applewhite v. Accuhealth, Inc. after establishing special duty before the Court of Appeals
Upheld in Desiderio v. New York Hospital, largest single-plaintiff judgment in New York history at the time
In Reilly v. Ninia following two retrials (neurological birth injury)
In Klupchak v. First East Village Associates (paraplegic injury from illegal fire escape)
Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.
