Elliott J. Zucker, In Memorium

It is with profound sadness that ARFD shares the untimely passing of our friend, colleague and partner, Elliott Zucker. Elliot was truly a lawyer’s lawyer and a skilled appellate attorney. With a keen mind and wit to match, throughout his 28-year tenure at Aaronson Rappaport, Elliott made innumerable contributions on a personal and professional level, to the firm and the legal profession. His kind and gentle mentoring, along with his affable nature, were balanced by a sharp and playful sense of humor, seen often in his outstanding briefs and legal writing. He will be remembered fondly for his gift of friendship, his love of music and travel, his kindness, which he gave willingly, and most of all his unconditional love and devotion to his daughter, Gaby, who he adored without limit. Elliott’s departure leaves an irreplaceable void in our hallways and our hearts.

Elliott’s practice was dedicated to medical malpractice and product liability defense, and concentrated in appellate practice and the analysis of complex legal issues. He handled more than 100 appeals in the Appellate Divisions of New York State, the Court of Appeals and the United States Second Circuit Court of Appeals.

Highlights of his top results include:

• Numerous successful appeals upholding expert preclusion under the Frye doctrine: Rodriguez v. Ford Motor Company, 1^st 2005; Cumberbatch v. Blanchette, 2^nd Dept. 2006; Marso v. Novak, 1^st Dept. 2007.
• Kristal R. v. Richter, 1^st 2014, reversing denial of summary judgment based in insufficiency of expert proof.
• Derby v. Bitan, 2^nd 2013, establishing parameters for acceptance of otherwise untimely summary judgment motions.

Elliott received a Bachelor of Arts degree from the University of Pennsylvania and a Juris Doctor degree from Fordham University School of Law. He has published: “The Court of Appeals Expands the Concept of ‘Duty’ to Outsiders,” Risk Management Quarterly, Vol. I-2016, and “Possible Expanded Lien Recovery for Medicare Advantage Patients,” Risk Management Quarterly, Spring 2013.