Trial and Appellate Litigation
Carol Schrager maintains her own active practice in trial and appellate litigation and commercial and real estate transactions. She has worked closely with Henry Kaufman, on various legal matters, dating back to 1982. Ms. Schrager is currently the firm’s senior Of Counsel, in which capacity she regularly consults on a broad range of civil litigation matters in the firm’s media, publishing, first amendment and intellectual property law practice, advising on litigation strategy, discovery, motions, appellate practice and briefing, and related issues.
Current Practice (1985 – Present):
Ms. Schrager currently counsels and represents diverse individual, corporate and insurance company clients in a wide ranging civil practice, including the following:
- Liability prevention and defense, risk management, claims management, litigation and mediation for operators of recreational facilities (including ski areas and skating rinks), hospitality businesses and manufacturers, distributors and retailers of sporting goods.
Extensive work with several major insurance companies and their third party administrators in claims defense including Willis, Acordia, (Wells Fargo) Liberty Mutual, Winterthur, Chubb and ABD Sullivan & Curtis. Dozens of reported and unreported successful motions for summary judgment in trial and appellate courts throughout New York State. Instrumental in drafting and lobbying for the statute and regulations that govern ski area operations in New York State.
- General corporate and business matters, construction law issues, contract negotiation and drafting, negotiated dispute resolution and a broad spectrum of commercial litigation in all courts on behalf of both plaintiffs and defendants. (including individuals, partnerships and corporations) engaged in a wide variety of business endeavors.
- Real estate matters, including negotiation and drafting of commercial and residential leases and contracts of sale as well as attendant litigation, counseling of boards and managing agents of cooperative apartment corporations regarding major issues and day-to-day operations.
- Karpatkin Pollet Perlmutter & Beil, New York, NY (1981-85): General civil practice, including extensive publishing law and libel and product disparagement defense litigation. Representative media clients included Aviation Consumer, New England Monthly and Consumers Union, publisher of Consumer Reports.
- Kramer, Levin, Nessen, Kamin and Soll, New York, NY (1979-81): General federal and state court litigation.
- Harvard Law School – Class of 1979
Articles Editor-in-Chief, Harvard Women’s Law Journal
Representative Reported Cases
- Consumers Union of U.S., Inc. v. General Signal Corp., 724 F.2d 1044 (2d Cir. 1983 ), cert. denied, 469 U.S. 823
- Bose Corp. v. Consumers Union of U.S., Inc., 466 U.S. 485 (1984);
- Calabro v. Plattekill Mt. Ski Center, Inc., 197 A.D.2d 588, 602 N.Y.S.2d 665 (2d Dept. 1993), lv.den. 83 N.Y.2d 754, 612 N.Y.S.2d 378 (1994)
- Giordano v. Shanty Hollow, Corp., 209 A.D.2d 760, 617 N.Y.S. 2d 984 (3d Dep’t 1994) lv.den., 85 N.Y.2d 802, 624 N.Y.S.2d 372 (1995)(amicus briefs)
- Kaufman v. Hunter Mountain Ski Bowl, Inc.,240 A.D.2d 371 (2d Dep’t 1997)
- Braun v. Davos Resort, Inc., 241 A.D.2d 533, 661 N.Y.S.2d 643 (2d Dept. 1997)
- Cometti v. Hunter Mountain Festivals Ltd., 241 A.D.2d 896, 660 N.Y.S.2d 511 (3d Dept. 1997).
- Bruno v. Hunter Mountain Ski Bowl, 248 A.D.2d 660, 670 N.Y.S.2d 325 (2d Dep’t 1998)
- Bono v. Hunter Mountain Ski Bowl, Inc., et al.,269 A.D.2d 482, 703 N.Y.S.2d 246, (2d Dep’t), lv. den., 95 N.Y.2d 754, 711 N.Y.S.2d 833 (2000)
- Hyland v. State, 300 A.D. 2d 794,752 N.Y.S.2d 113 (3d Dep’t 2002), lv. den. 100 N.Y. 2d 504, 762 N.Y.S. 2d 874 (2003) (amicus briefs)
- Flowers v. Hunter Mountain Ski Bowl, Inc., 303 A.D.2d 363, 755 N.Y.S.2d 658 (2d Dep’t 2003)
- Lapinski v. Hunter Mountain Ski Bowl, Inc. et al., 306 A.D.2d 320, 760 N.Y.S.2d 549 (2d Dept 2003)
- Farone v. Hunter Mountain Ski Bowl, Inc., 51 A.D.3d 601, 859 N.Y.S.2d 64 (1st Dep’t 2008), lv. den., 11 N.Y.3d 715, 873 N.Y.S.2d 532 (2009)
- Bossey v. Camelback Ski Corp., 21 Misc 2d 1116A, 873 N.Y.S.2d 509 (Suffolk Co. 2008)
- Bedder v. Windham Mtn. Partners, LLC, 86 A.D.3d 428 (1st Dep’t 2011)
Board Memberships/Pro Bono Activities
- Member of the Advisory Board of the New York Women’s Bar Association Foundation; Former longtime Director of the New York Women’s Bar Association.
- Pro bono counsel for civil matters for the Center Against Domestic Violence, which operates shelters for battered women. Former member of its Board of Directors
- Member of the National Ski Areas Association Environmental Committee and Governmental Affairs Committee.
- Member of the Board of Directors of the Association of Ski Defense Attorneys.
- Annual lecturer at risk management seminars for the National Ski Areas Association and Ski Areas of New York.
- Extensive involvement in various Federal political campaigns. Candidate for U.S. Congress 2009.