Derek J. Spada
About
Derek J. Spada was born in Kingston, raised in Saugerties, and currently resides in Woodstock. He is an exceptional litigator and has successfully concluded thousands of personal injury cases since becoming an attorney. Derek is often assigned the most complex aspects of the firm’s cases. He is highly regarded by his peers and has become an especially accomplished appellate attorney.
Derek has utilized his strong writing skills to handle more than 125 appeals and more than 1,000 summary judgment motions during his career.
Derek is also a distinguished trial attorney. Using strategic and aggressive methods when necessary, he has resolved numerous complex issues on behalf of clients. Derek obtained the highest jury verdicts in Ulster County in 2021 and 2022. For years Derek has proven himself in courtrooms across the state of New York.
Derek was voted President of the Ulster County Bar Association for an unprecedented three terms in 2011, 2017 and 2021, served as the Chair of the Ulster County Board of Ethics from 2015 - 2022, and was a member of the Character and Fitness Committee for the Third Judicial Department from 2013 - 2023. Derek has judged local high school mock trial competitions, as well as moot court competitions at his former law school. He is active in organizations throughout the community and coached his son’s Little League baseball team for several years.
Awards
Education
Derek received his Bachelor of Arts from the College of Saint Rose, Magna Cum Laude, in 1999 and Juris Doctor from Cardozo School of Law at Yeshiva University in 2002. He also studied abroad at Oxford University in Oxford, England.
In law school, Derek was a member of the Cardozo Moot Court Honor Society from 2000-2002. While a member of Moot Court, he was the Northeast Regional Winner and Winner of the Best Brief Award in the Giles Sutherland Rich Moot Court Competition in Boston, MA, and advanced to semifinalist in the national Giles Sutherland Rich competition held in Washington, D.C. He also clerked for Hon. George B. Daniels in the Federal Southern District of New York.
At graduation, Derek was awarded the Jacob Burns Medal for Best Brief, which is given to the best writer on the Moot Court Honor Society.
Memberships
Awards and Accolades
After only four years in practice, Derek received Martindale-Hubbell’s highest peer review rating: AV Preeminent. He has since received the following honors:
- Top 100 Trial Lawyers of New York State by the National Trial Lawyers Association
- Top 10 Under 40 by the National Academy of Trial Attorneys
- Top 40 Under 40 by the National Trial Lawyers Association
- 10 Best Attorneys in New York State by the American Institute of Personal Injury Attorneys
- Top 10 in New York State in client satisfaction by the American Institute of Personal Injury Attorneys
- 10.0 Avvo rating (the highest rating)
- Super Lawyers, Upstate New York: 2018 – 2023
- Super Lawyers Rising Star: 2013 – 2017
- 2021 Chronogrammy Winner, Basch & Keegan Best Law Firm of the Hudson Valley
Admissions:
- New York State Bar
- Connecticut Bar
- Northern District of New York Federal Court
- Southern District of New York Federal Court
Notable Work
Recent Verdicts/Settlements
- $4,000,000: Tractor Trailer Accident
- $3,750,000: Slip & Fall
- $2,000,000: Negligence
- $1,620,000: Verdict - Slip & Fall
- $1,575,000: Auto Accident
- $1,100,000: Verdict - Pedestrian Hit By Driver
- $1,000,000: Assault
- $888,500: Verdict - Head-On Car Collision
- $775,000: Settlement - Car Collision
Reported Appeals & Cases
- Muscato v. Spare Time Entertainment, 74 Misc.3d 1215(A) (Schenectady County, 2022)
- Capuzzi v. Fuller, 200 A.D.3d 1448 (3d Dep’t 2021)
- Haggerty v. Northern Dutchess Hospital, 199 A.D.3d 783 (2d Dep’t 2021)
- Lyall v. Justin Boot Company, 194 A.D.3d 1237 (3d Dep’t 2021)
- Mesiti v. Martin, 190 A.D.3d 1145 (3d Dep’t 2021)
- Mesiti v. Knight, 190 A.D.3d 1141 (3d Dep’t 2021)
- Burns v. Childress, 189 A.D.3d 1939 (3d Dep’t 2020)
- Cole v. Chun, 185 A.D.3d 1183 (3d Dep’t 2020)
- Whiteside v. Stachecki, 180 A.D.3d 1291 (3d Dep’t 2020)
- Mesiti v. Weiss, 178 A.D.3d 1332 (3d Dep’t 2019)
- Morales v. Digesare Mechanical, Inc., 176 A.D.3d 1442 (3d Dep’t 2019)
- Sarab v. BJ's Wholesale Club, 174 A.D.3d 933 (2d Dep’t 2019)
- Ross v. GEICO Indemnity Company, 172 A.D.3d 1834 (3d Dep’t 2019)
- Pelham v. Moracco, LLC, 172 A.D.3d 1689 (3d Dep’t 2019)
- Metzger v. Lazala, 171 A.D.3d 1287 (3d Dep’t 2019)
- Maksuta v. Heitzman, 165 A.D.3d 1550 (3d Dep’t 2018)
- Pickles v. Hyde Park Central School District, 164 A.D.3d 701 (3d Dep’t 2018)
- Martinez v. Allen, 163 A.D.3d 951 (3d Dep’t 2018)
- Pineiro v. Rush, 163 A.D.3d 1097 (3d Dep’t 2018)
- Mulligan v. R & D Properties of New York Inc., 162 A.D.3d 1301 (3d Dep’t 2018)
- Torgersen v. A & F Black Creek Realty, LLC, 158 A.D.3d 1042 (3d Dep’t 2018)
- Freligh v. Government Employees Insurance Company, 158 A.D.3d 858 (3d Dep’t 2018)
- Freligh v. Government Employees Insurance Company, 30 N.Y.3d 1044 (Court of Appeals 2017)
- Beck v. Stewart's Shops Corp., 156 A.D.3d 1040 (3d Dep’t 2017)
- Calvitti v. 40 Garden, LLC, 155 A.D.3d 1399 (3d Dep’t 2017)
- Freligh v. Government Employees Ins. Co., 152 A.D.3d 1145 (3d Dep’t 2017)
- Mangra v. Bruck, 60 Misc.3d 1227(A) 14-1315 (Ulster County, 2016)
- Williams v. State, 140 A.D.3d 1376 (3d Dep’t 2016)
- Greener v. Town of Hurley, 140 A.D.3d 1285 (3d Dep’t 2016)
- Billera v. Merritt Const., Inc., 139 A.D.3d 52 (3d Dep’t 2016)
- Potter v. YMCA of Kingston & Ulster County, 136 A.D.3d 1265 (3d Dep’t 2016)
- Mayr v. Alvarez, 130 A.D.3d 1199 (3d Dep’t 2015)
- Clark v. Stewart's Ice Cream Co., 50 Misc.3d 1222(A) (Greene County, 2015)
- Cicchetti v. Tower Windsor Terrace, LLC, 128 A.D.3d 1262 (3d Dep’t 2015)
- D.T. v. Rich, 24 N.Y.3d 1103 (Court of Appeals, 2014)
- Barley v. Robert J. Wilkins, Inc., 122 A.D.3d 1116 (3d Dep’t, 2014)
- Ryan v. Taconic Realty Associates, 122 A.D.3d 708 (3d Dep’t 2014)
- Shelley v. McCutcheon, 121 A.D.3d 1243 (3d Dep’t 2014)
- Lacasse v. Sorbello, 121 A.D.3d 1241 (3d Dep’t 2014)
- Cicchetti v. Tower Windsor Terrace, LLC, 53 Misc.3d 1216(A) (Ulster County, 2014)
- Thomas v. Ku, 112 A.D.3d 1200 (3d Dep’t 2013)
- Jacobs v. Mazzei, 112 A.D.3d 1115 (3d Dep’t 2013)
- Paterno v. Strimling, 107 A.D.3d 1233 (3d Dep’t 2013)
- Haire v. Bonelli, 107 A.D.3d 1204 (3d Dep’t 2013)
- Rosier v. Stoeckeler, 101 A.D.3d 1310 (3d Dep’t 2012)
- D'Antuono v. Village of Saugerties, 101 A.D.3d 1331 (3d Dep’t 2012)
- Torres v. Rich, 100 A.D.3d 1300 (3d Dep’t 2012)
- Vanderlyn v. Daly, 97 A.D.3d 1053 (3d Dep’t 2012)
- Gibbons v. Pine Bush Cent. School Dist., 97 A.D.3d 724 (2d Dep’t 2012)
- Inger v. PCK Development Co., LLC, 97 A.D.3d 895 (3d Dep’t 2012)
- Paterno v. Strimling, 45 Misc.3d 1210(A) (Ulster County, 2012)
- Rosell v. City of Kingston, 92 A.D.3d 1123 (3d Dep’t 2012)
- McNally v. Kiki, Inc., 92 A.D.3d 1105 (3d Dep’t 2012)
- Smith v. Maloney, 91 A.D.3d 1259 (3d Dep’t 2012)
- Thurber v. Apmann, 91 A.D.3d 1257 (3d Dep’t 2012)
- Maurer v. John A. Coleman Catholic High School, 91 A.D.3d 116 (3d Dep’t 2012)
- Finnigan v. Lasher, 90 A.D.3d 1286 (3d Dep’t 2011)
- Whalen v. New York City Dept. of Environmental Protection, 89 A.D.3d 416 (1st Dep’t 2011)
- Budik v. CSX Transp., Inc., 88 A.D.3d 1097 (3d Dep’t 2011)
- Cantwell v. Fox Hill Community Ass'n, Inc., 87 A.D.3d 1106 (2d Dep’t 2011)
- Miller v. Kingston Diagnostic Center, 33 Misc.3d 496 (Ulster County, 2011)
- Bodge v. Red Hook Senior Housing Development Fund Co., Inc., 85 A.D.3d 1073 (3d Dep’t 2011)
- Hightower v. Ghio, 82 A.D.3d 934 (2d Dep’t 2011)
- Simmons v. Saugerties Cent. School Dist., 82 A.D.3d 1407 (3d Dep’t 2011)
- Crespo v. City of Kingston, 80 A.D.3d 1124 (3d Dep’t 2011)
- Roebuck v. State Farm Mut. Auto. Ins. Co, 80 A.D.3d 1126 (3d Dep’t 2011)
- Kittner v. Eastern Mut. Ins., Co. 80 A.D.3d 843 (3d Dep’t 2011)
- Kruger v. State Farm Mut. Auto. Ins., Co. 79 A.D.3d 1519 (3d Dep’t 2010)
- Lawrence v. Pelkey, 27 Misc.3d 1215(A) (Columbia County, 2010)
- Haggerty v. Brady, 71 A.D.3d 1281 (3d Dep’t 2010)
- Bright v. McGowan, 14 N.Y.3d 745 (Court of Appeals 2010)
- Smith v. Prazenica, 28 Misc.3d 1219(A) (Ulster County, 2010)
- Champ-Doran v. Lewis, 69 A.D.3d 1101 (3d Dep’t 2010)
- Godfrey v. Town of Hurley, 68 A.D.3d 1527 (3d Dep’t 2009)
- Blanc v. City of Kingston, 68 A.D.3d 1525 (3d Dep’t 2009)
- Perry v. Cumberland Farms, Inc, 68 A.D.3d 1409 891 (3d Dep’t 2009)
- Crespo v. City of Kingston, 42 Misc.3d 1216(A) (Ulster County, 2009)
- Farley v. Town of Rhinebeck, 65 A.D.3d 1279 (3d Dep’t 2009)
- Colavito v. Steyer, 65 A.D.3d 735 (3d Dep’t 2009)
- Bright ex rel. Bright v. McGowan, 63 A.D.3d 1239 (3d Dep’t 2009)
- Boice v. City of Kingston, 60 A.D.3d 1140 (3d Dep’t 2009)
- Hoffman v. Perry, 23 Misc.3d 1125(A) (Ulster County, 2009)
- Hammond v. GMAC Ins. Group, 56 A.D.3d 882 (3d Dep’t 2008)
- Cantwell v. Rondout Sav. Bank, 55 A.D.3d 1031 (3d Dep’t 2008)
- Rose ex rel. Rose v. Onteora Cent. School Dist., 52 A.D.3d 1161 (3d Dep’t 2008)
- Kleeschulte v. Blair, 20 Misc.3d 1114(A) (Ulster County 2008)
- Scott v. Aponte, 49 A.D.3d 1131 (3d Dep’t 2008)
- Mosquera v. Orin, 48 A.D.3d 935 (3d Dep’t 2008)
- Rieker v. Encompass Ins. Co., 19 Misc.3d 1116(A) (City of Kingston 2008)
- Poser ex rel. O'Brien v. Varnovitsky, 46 A.D.3d 1295 (3d Dep’t 2007)
- City of Kingston v. Harco Nat. Ins. Co., 46 A.D.3d 1320 (3d Dep’t 2007)
- Todaro v. GEICO General Ins. Co., 46 A.D.3d 1086 (3d Dep’t 2007)
- Gibbs v. Harp, 46 A.D.3d 1010 (3d Dep’t 2007)
- Motrie v. Reid, 45 A.D.3d 941 (3d Dep’t 2007)
- Felton v. Kelly, 44 A.D.3d 1217 (3d Dep’t 2007)
- Cahill v. Lat, 39 A.D.3d 1013 (3d Dep’t 2007)
- Scott v. Aponte, 19 Misc.3d 1124(A) (Ulster County, 2007)
- DeCicco v. Longendyke, 37 A.D.3d 934 (3d Dep’t 2007)
- Schacker v. County of Orange, 33 A.D.3d 903 (3d Dep’t 2006)
- Campo v. Holland, 32 A.D.3d 630 (3d Dep’t 2006)
- Tuna v. Babendererde, 32 A.D.3d 574 (3d Dep’t 2006)
- Saunders v. Bryant's Towing,27 A.D.3d 992 (3d Dep’t 2006)
- Gokey v. Decicco, 24 A.D.3d 860 (3d Dep’t 2005)
- Fitzgerald v. Adirondack Transit Lines, Inc., 23 A.D.3d 907 (3d Dep’t 2005)
- Castiglione v. E.A. Morse & Co., Inc., 22 A.D.3d 934 (3d Dep’t 2005)
- Fairchild v. J. Crew Group, Inc., 21 A.D.3d 523 (2d Dep’t 2005)
- Van Leuvan v. Rondout Valley Cent. School Dist., 20 A.D.3d 645 (3d Dep’t 2005)
- Nelson v. Sweet Associates, Inc., 15 A.D.3d 714 (3d Dep’t 2005)
- Lynch v. Progressive Ins. Co., 12 A.D.3d 570 (2d Dep’t 2004)
- Chiarini ex rel. Chiarini v. County of Ulster, 9 A.D.3d 769 (3d Dep’t 2004)
- Wolf v. Holyoke Mut. Ins. Co., 3 A.D.3d 660 (3d Dep’t 2004)
- Randolph v. Warnecke, 1 A.D.3d 731 (3d Dep’t 2003)
Teaching Engagements:
Derek has taught the following topics in continuing legal education courses:
- How to Lay a Foundation to Get Your Evidence Introduced, October 2021
- Civil Trial Case Presentation, August 2020
- Personal Injury Evidence: Social Media, Smartphones, Experts and Medical Records, June 2018
- Plaintiff’s Personal Injury from Start to Finish, June 2017
- Litigating Slip, Trip, and Fall Cases in New York, December 2016
- Voir Dire and Jury Selection, March 2015
- Applying the Rules of Evidence: What Every Attorney Needs to Know, May 2014
- Litigating Automobile Accident Cases, July 2012