A former city employee who sued for wrongful termination has won a court victory that could find Peekskill once again making a big-dollar payout without the city ever getting its day in court.
The new case is the second instance where the city’s former Corporation Counsel’s failure to respond to a lawsuit in a timely manner led to a default judgment. The first case last year cost the city $1 million to settle.
In the new case, Brian Raphael, a former Assistant Water & Sewer Superintendent, was terminated in September 2021 because he “… failed[ed] to follow a directive of Water + Sewer Superintendent to physically supervise on-site contractor,” according to court papers.
In a May 2021 memo, Dave Rambo, Superintendent of Public Works, pointed to deficiencies in Raphael’s work. “Even after three years in the position there is a lack of understanding the management aspects of the Water and Sewer Department,” Rambo wrote. “When the department is faced with a technical or operational challenge, Brian does not provide a well thought out solution.”
In his lawsuit against the city, however, Raphael’s attorneys allege that he was wrongfully fired because he made constant complaints about what he calls unsafe conditions that Public Works employees had to endure. Matters came to a head in August of 2021 when Raphael reported the alleged safety violations to the New York state Public Employee Safety and Health (PESH) department.
Speaking with the Peekskill Herald this week, Raphael said the lack of safety procedures in Peekskill’s Department of Public Works was one motivation for filing his lawsuit.
“My dad was a union worker, and he said when people aren’t doing the right thing you have to stick up for the people who can’t stick up for themselves because they are afraid of being retaliated against.
“So I did that – I went to my boss in Peekskill and they didn’t do anything about it except basically chastise me for it. People can die from stuff like this,” Raphael said.
A second saga from the Kramer case file
In May of 2022, Raphael’s attorney at the time, Elizabeth Hunter, sued the City of Peekskill for wrongful termination, seeking reinstatement to his job, back pay and benefits and punitive damages. The lawsuit alleged that Peekskill violated the state Public Employee Whistleblower Protection Act.
Raphael’s lawsuit came during the time when Tim Kramer was serving as Corporation Counsel for Peekskill. As happened in two other lawsuits, Kramer failed to respond to the Raphael lawsuit within the legal time limit, claiming files were misplaced and his office was short-staffed. [Peekskill subsequently replaced the Corporation Counsel staff position with the outside law firm Keane & Beane, which now handles the city’s legal matters].
Kramer was given an extension of time by Raphael’s attorney Hunter to enter the city’s defense, but he missed that deadline also, and in December 2022 a court entered a default judgment against the city, meaning the city lost the case and would have to pay damages.
However, at that point Peekskill hired the outside law firm Harris Beach to challenge the default judgment. Harris Beach won a reversal of the default judgment, sending the case back to square one in March of 2023.
But the court battle to get the case to a trial didn’t end there. Raphael’s new attorney Peter Wessel took that reversal decision to the State Appellate Court and, in an April 30, 2025, ruling, the original default judgment entered two and a half years ago was reinstated against Peekskill.
The appellate court ruled that the city’s failure to meet the deadline to answer the original complaint filed by Raphael’s attorney – “…due to an office backlog and miscalendaring, and that the plaintiff’s motion for leave to enter a default judgment was ‘misplaced’ in the office…” – were not acceptable reasons.
So now Raphael has won a verdict by default judgment against Peekskill without ever entering a courtroom – three years after the original lawsuit was filed.
The next step in the case could be an appearance in front of a Westchester County-based state Court judge who would determine how much the city has to pay, Raphael said, “unless the city wants to make a settlement offer.”
He expects to be reimbursed for attorney fees, back pay for nearly four years, accrued vacation time, and credited years toward retirement, along with punitive damages.
Attorneys for Peekskill and city officials are reviewing how to proceed, according to City Manager Matt Alexander.
“The City is disappointed with the ruling, which involves events that occurred in 2022. We are exploring all options for the case, and remain determined to achieve the best possible outcome for the City,” Alexander told the Herald.
In the prior default case, the Common Council approved a $1 million settlement in September 2023 for injuries caused by former Peekskill police officer Jonathan Mosquera in a traffic accident he had while off duty. Then-Corporation Counsel Kramer didn’t file the city’s response to that lawsuit in the allotted time and a court entered a default judgment, making the city guilty without a trial.
In the Mosquera case, the city drew $1 million from its unreserved fund balance to pay David Maldonado for injuries he suffered in September of 2016 when a car driven by former Peekskill police officer Mosquera struck another vehicle in Rockland County. The accident killed one pedestrian and injured another pedestrian, Maldonado. Mosquera was late for his midnight shift and was ticketed for speeding.
Attorneys for Peekskill intended to argue that Mosquera was off duty at the time of the accident and that the city was not liable for any damages, but never got to trial to offer a defense.
