Michael Boulhosa is a member of the firm’s Executive Committee with 30 years experience as a litigator who has practiced at Wilson Elser for his entire legal career. Having collaborated frequently with some of the firm’s senior litigators, he understands and appreciates the core principles of client service, responsiveness and added value.

Michael has developed significant credentials in the defense of general liability and casualty, molestation and abuse matters filed under the Child Victims Act in New York, construction and Labor Law, and lead poisoning claims. The depth and breadth of Michael’s experience enable him to anticipate the likely outcome of a particular claim and help the client prepare accordingly, whether the resolution strategy is settlement or trial. On his national engagements, Michael is entrusted by clients to match them with other attorneys across the firm who can best meet their needs.

Areas of Focus

Complex Tort & General Casualty
Michael handles general liability, premises security, auto, and other such claims on behalf of major insurance carriers and their insureds. In addition to handling large exposure lawsuits, Michael’s role on this engagement includes the management of the firm’s largest national alternative fee program. 

Construction and Labor Law
On behalf of carriers as well as several self-insured clients, Michael has litigated and tried numerous complex construction liability claims brought under New York Labor Law against contractors, subcontractors, owners and property managers. He recently received a defense verdict in a Supreme Court, Kings County, labor lawsuit involving a construction worker who lacerated several fingers while using a table saw thereby, allegedly, rendering him unable to return to work. 

Lead Poisoning
Michael has developed a particular niche in the defense of lead poisoning claims alleging brain damage and neurological difficulties in children exposed to lead dust from flaking paint in their homes. In a case that received significant press attention, Michael recently secured a favorable verdict in the first lead poisoning lawsuit to proceed to trial in upstate New York. He is the co-author of “A Complete Guide to Lead-paint Poisoning Litigation” published by the American Bar Association.

    Education

    • Pace University School of Law (J.D., 1985)
    • Fordham University (B.A., 1983)

    Bar Admissions

    • New York

    Court Admissions

    • Supreme Court of New York

    Professional Affiliations

    • New York State Bar Association
    • Bronx Bar Association
    • New York State Trial Lawyers Association
    • New York County Trial Lawyers Association

Events

Michael Boulhosa is a member of the firm’s Executive Committee with 30 years experience as a litigator who has practiced at Wilson Elser for his entire legal career. Having collaborated frequently with some of the firm’s senior litigators, he understands and appreciates the core principles of client service, responsiveness and added value.

Michael has developed significant credentials in the defense of general liability and casualty, molestation and abuse matters filed under the Child Victims Act in New York, construction and Labor Law, and lead poisoning claims. The depth and breadth of Michael’s experience enable him to anticipate the likely outcome of a particular claim and help the client prepare accordingly, whether the resolution strategy is settlement or trial. On his national engagements, Michael is entrusted by clients to match them with other attorneys across the firm who can best meet their needs.

Michael L. Boulhosa

White Plains Team Obtains Summary Judgment Against $2.5 Million Labor Law Claims

Michael Boulhosa (Partner-White Plains) and Eian Weiner (Associate-White Plains) obtained summary judgment in the Supreme Court of the State of New York, New York County, on behalf of a plumbing company. The plaintiff in this matter alleges he was injured while working as an assistant for our client/insured, who the property owner retained to install a new low-pressure gas line on the subject premises. The plaintiff maintains he fell over a railing onto the sidewalk below while attempting to retrieve materials the client left behind at the job site, allegedly sustaining a traumatic brain injury (TBI) and other severe injuries, leaving him with lifelong disabilities, according to his treating physicians. The plaintiff did not return to work after the accident and received workers’ compensation benefits through our client. 

Two construction projects were ongoing at the premises when the plaintiff's accident occurred. Our client had no contractual relationship with the general construction manager, subcontractors or others working at the job site, including the construction firm or the scaffolding services company. Our client was brought into the underlying lawsuit as a third-party defendant, with the construction and scaffolding businesses seeking common law indemnification and contribution and the property owner pursuing claims for common law and contractual indemnification, contribution and damages for breach of contract. 

Michael and Eian filed a motion seeking summary judgment regarding the third-party claims against the client by the construction company, the scaffolding business and the property owner, based on Section 11 of the Workers’ Compensation Law. The statute prohibits third-party indemnification claims against an employer unless the employee sustains a statutorily enumerated "grave injury," rendering the injured party totally and permanently disabled and incapable of obtaining a position of gainful employment in any capacity or a pre-existing written contract expressly agreeing to indemnification exists. At oral argument, Michael and Eian argued that the record lacked evidence that the plaintiff's alleged TBI qualifies as a grave injury under the statute or that the client agreed to indemnify the property owner. Finally, the Court granted Wilson Elser’s motion regarding the property owner's third-party claims for contractual indemnification and breach of contract, as no written contract existed in which the client agreed to indemnify the property owner.

Michael and Eian’s Motion for summary judgment was granted in its entirety. All claims against the client through multiple third-party lawsuits were dismissed as a matter of law following a last demand of $2.5 million.
 

Michael L. Boulhosa and Eian S. Weiner

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