Joshua S. Moskovitz, Esq. is a seasoned litigator and accomplished trial attorney, spearheading the firm's Civil Litigation and Appellate practices with remarkable expertise. With a wealth of experience, Josh has demonstrated a commanding presence in complex civil rights and class action lawsuits across both state and federal courts. His career has been marked by groundbreaking cases challenging unconstitutional policing policies and discriminatory employment practices, forging a legacy as a prominent advocate for justice.
In his distinguished portfolio, Josh recently secured a $9.25 million excessive force verdict – one of the highest ever civil rights verdicts in the Northern District of New York – arising from the death of Terry L. Cooper, Jr. at Clinton Correctional Facility. Josh was instrumental in securing the highest per-person class action settlement award in a mass arrest lawsuit anywhere in the United States and won a landmark permanent injunction against the State of New York in a religious discrimination class action lawsuit. He has taken on iconic civil rights cases, including pivotal roles in litigations such as the landmark NYPD "stop-and-frisk" case and the civil case involving the five individuals exonerated in the Central Park jogger case. Notably, he has championed the causes of the families of Eric Garner and Barrington Williams, achieving triumphant wrongful death claims against the City of New York.
Josh's proficiency extends to his leadership in class action matters, where he leads a pending case against the State of New York on behalf of New York State Corrections Officers, fighting for reasonable religious accommodations. He also co-leads a significant class action lawsuit against the City of Rochester, addressing decades of racially biased policing practices.
In addition to his trial prowess, Josh maintains a dynamic appellate practice, successfully litigating appeals in federal and state courts, including the prestigious New York Court of Appeals. Notable victories include Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015), which set essential Fourth Amendment precedents for excessive force claims, and Hughes v. City of New York, 680 Fed. App’x 8 (2d Cir. 2017), a critical win on a novel First Amendment claim.
Josh's legal journey commenced with distinction, graduating summa cum laude from the Benjamin N. Cardozo School of Law, where he was inducted into the Order of the Coif. During this time, he showcased his commitment to legal scholarship as a staff member and Articles Editor of the Cardozo Law Review. He was also instrumental in establishing the Cardozo Chapter of the National Lawyers Guild. Following his law degree, Josh gained valuable insights during a two-year clerkship for the Honorable James L. Dennis of the United States Court of Appeals for the Fifth Circuit.
He's not only a practitioner but a dedicated educator, sharing his insights through guest lectures. Josh's commitment to the legal community has consistently earned him recognition as a "Super Lawyer" and "Rising Star," lauding his exceptional achievements in civil rights, employment discrimination, and appeals over the past decade.
Notable Cases:
- Cooper v. Clancy, No. 19-cv-00362 (N.D.N.Y.) (won $9.25 million jury verdict in Eighth Amendment excessive force case).
- Sughrim v. New York, 2023 WL 5713191 (S.D.N.Y. Sept. 5, 2023) (secured permanent injunction and won certification as class action in religious discrimination case)
- Sughrim v. State of New York, No. 19-cv-7977, 503 F. Supp. 3d 68 (S.D.N.Y. Nov. 30, 2020) (defeated motion to dismiss by State of New York in religious discrimination lawsuit that established novel precedent on waiver of Eleventh Amendment sovereign immunity for Title VII failure-to-accommodate claims)
- Brown v. City of New York, No. 15-cv-04091 (S.D.N.Y. 2020) (secured $2.55 million settlement for the estate of Barrington Williams for deliberate indifference claims from the failure of police officers to provide CPR and use an AED)
- Ezekwo v. Quirk, 784 Fed. App’x 79 (3d Cir. 2019) (won remand for hearing on whether an enforceable settlement had been reached)
- Jingrong v. Chinese Anti-Cult World Alliance, 311 F. Supp. 3d 514 (E.D.N.Y. 2018) (won summary judgment on issue of the right to practice religion without interference following evidentiary hearing before Hon. Jack B. Weinstein)
- Pettiford v. City of New York, 17-cv-05273 (E.D.N.Y.) (secured $280,000 settlement for excessive force and false arrest claims under 42 U.S.C. § 1983)
- Floyd v. City of New York, No. 08-cv-01034 (S.D.N.Y.) (co-counsel for plaintiffs’ class during remediation phase of the stop-and-frisk litigation)
- Estate of Eric Garner (co-counsel in negotiating $6.9 million settlement with the City of New York for Mr. Garner’s wrongful death)
- Hughes v. City of New York, 680 Fed. App’x 8 (2d Cir. 2017) (won reversal of order granting motion to dismiss First Amendment retaliation claim)
- Syed v. City of New York, 16-cv-04789 (S.D.N.Y. 2016) (secured preliminary injunction against the NYPD on behalf of police officer facing religious discrimination)
- Mitchell v. City of New York, 841 F.3d 72 (2d Cir. 2016) (on the briefs) (won reversal of summary judgment for false arrests)
- Brown v. City of New York, 798 F.3d 94 (2d Cir. 2015) (won reversal of summary judgment and secured remand for trial on excessive force claim)
- People v. Phillips, 124 A.D.3d 493 (1st Dep’t 2015) (won reduction in sentence from arson conviction)
- Matter of Mitchell v. City of New York, 134 A.D.3d 941 (2d Dep’t 2015) (won reversal of denial of late notice of claim petition for a false arrest claim)
- McClary v. City of New York, No. 12-cv-118 (E.D.N.Y.) (won motion to amend to add a Monell claim based on NYPD’s lack of training for executing search warrants and secured $220,000 settlement for woman whose house was destroyed during search)
- People v. Taylor, 15 N.Y.3d 518 (2010) (on the briefs) (won reversal of depraved indifference murder conviction)
Practice Areas:
- Civil Litigation
- Civil and Criminal Appeals
- Civil Rights and Employment Discrimination
- Class Actions
- Personal Injury
- Mass Tort
Bar Admissions:
- State of New York
- State of New Jersey
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the D.C. Circuit
- United States District Court, Southern District of New York
- United States District Court, Eastern District of New York
- United States District Court, Northern District of New York
- United States District Court, Western District of New York
- United States District Court, New Jersey
Honors:
- Super Lawyers (2022 and 2023)
- Super Lawyers Rising Star (2015-2021)
Education:
- Benjamin N. Cardozo School of Law, J.D., summa cum laude (2010)
- Order of the Coif
- Cardozo Law Review, Articles Editor (Vol. 31, 2009)
- Public Service Scholar
- Felix Frankfurter Award for “outstanding academic achievement, maturity, responsibility, diligence, and judgment”
- National Lawyers Guild, Cardozo chapter (Executive Committee)
- The Cardozo Jurist student newspaper (co-founder and Editor-in-Chief)
- New York University, B.A. (Sociology), magna cum laude (2005)
Academic Experience:
- Benjamin N. Cardozo School of Law, Criminal Appeals Clinic, Clinical Practice Adviser (April 2013-November 2018)
- City University of New York School of Law, Guest Lecturer (November 2018)
- Benjamin N. Cardozo School of Law, Civil Rights Clinic, Guest Lecturer (October 2014, April 2016)
Panels and Conferences:
- Cardozo Law School Alumni panel on the murder of George Floyd Panelist (June 11, 2020)
- CUNY School of Law panel on legal practice (Dec. 4, 2018)
- Cardozo Law School: Policing, Conflict, and Change conference, Panelist (March 12, 2015)
- Cardozo Law School: Acknowledging Race in a “Post-Racial” Era, Student co-organizer (April 30, 2010)
Publications:
- Expanding Access to Mental Health and Substance Abuse Services Through Parity Laws and the Affordable Care Act, Reentry Planning for Offenders with Mental Disorders: Policy and Practice (Henry A. Dlugacz, ed., Civic Res. Inst. 2015)
- Note: The Usual Practice: Raising and Deciding Failure to Exhaust Available Administrative Remedies as a Defense Under the Prison Litigation Reform Act, 31 Cardozo L. Rev. 1859 (2010)
