Attorney Profiles: Partners
Kari A. Merolesi
T: 212-742-8700 x 307 F: 212-742-1471 E: merolesi@dsmflaw.com
Practice Areas

Kari A. Merolesi is a managing partner in the firm who focuses her practice on the defense of medical malpractice, nursing home negligence and catastrophic personal injury cases. She defends physicians and hospitals in matters involving alleged brain-damaged infants and failure to diagnose cancer and other ailments. Ms. Merolesi has represented surgeons, podiatrists, neurosurgeons, internists, orthopedists, as well as other specialists. She also has significant experience defending nursing and rehabilitation facilities.
Using her knowledge of the medicine and litigation expertise, her goal is success early in litigation, but when early resolution is not possible, Ms. Merolesi is skilled at educating jurors as to the mechanics of the medicine or specialty at issue. In addition, Ms. Merolesi plays an active role in the firm’s management and associate training. She handles cases through all stages of litigation, from inception through trial. Ms. Merolesi is knowledgeable regarding state and federal regulations that bind long term care facilities. She handles various nursing home cases involving development and presentation of decubitus ulcers, falls that lead to injuries and all other aspects of alleged negligence in long term care facilities.
Ms. Merolesi has also been rated as a Super Lawyer
Ms. Merolesi also handles guardianship and family law matters. She began her career as a trial lawyer and advocate for the rights of abused and neglected children at the Administration for Children’s Services.
Education
- Northeastern University, Boston, MA, 1997, B.S., cum laude
- New York Law School, NY, J.D. 2000
Bar Admissions
- New York, 2001
- Connecticut 2000
Noteworthy Cases
Supreme Court - Nassau County
Kari A. Merolesi successfully defended a Queens Medical Center at trial in a claim involving a failure to diagnose cervical cancer, leading to the inability to bear children.
The matter involved allegations that the medical center and the obstetrician failed to perform pap smears in a timely basis and failed to appreciate her history of a cryo surgery and complaints of vaginal bleeding, which lead to the alleged progression and delay in diagnosis of cervical cancer. The plaintiff underwent chemotherapy and radiation. At trial, the defense established that the stage, treatment and prognosis would have been the same even if the cancer was diagnosed earlier. At the conclusion of the evidence, the plaintiff discontinued the action against the Queens Medical Center.
Supreme Court - Kings County
Kari A. Merolesi successfully tried a Mental Hygiene Law case before a Kings County jury involving a patient involuntarily held at a psychiatric facility. The patient claimed that he was being improperly held against his will and that inpatient treatment was no longer necessary. At trial, through the presentation of the treating psychiatrist, a family member and cross examination of the patient, Ms. Merolesi persuaded the jury that the patient had a mental illness, was a danger to himself and/or others and that he did not appreciate his need for further treatment. Thus, the jury denied the patient's petition for release.
Appellate Division, 2nd Department
In a 2nd Department Appellate Division case, Ms. Merolesi was successful in her motion for summary judgment. In this alleged brain-damaged baby case. The plaintiff claimed that Ms. Merolesi's client, an obstetrician, failed to render the appropriate pre-natal care and failed to appreciate the signs of intrauterine growth restriction. Ms. Merolesi argued that all care rendered was well within good and accepted medical practice and that no injuries claimed were the results of any act or omission of her client. The action was dismissed.
Supreme Court - New York County
Ms. Merolesi successfully defended a New York City Hospital on the application of the State's General Municipal Law. In that case, the plaintiff claimed that the hospital failed to render appropriate pre-natal care and failed to appreciate the signs of fetal distress and placental abruption, thereby resulting in a brain-damaged baby. The Court dismissed this matter after motion practice involving an untimely filing of a Notice of Claim.