Diane K. Toner

Special Counsel

    Diane is a member of the firm's Appellate Advocacy and Post-Trial Practice Group. As an appellate and motion specialist, her written and oral advocacy help the firm achieve its litigation goals at both the trial and appellate level.

    With over 15 years of writing experience, Diane is adept at drafting all kinds of motions, from dispositive motions and appeals to discovery motions, trial memoranda, and post-trial motions. Diane is skilled at drafting persuasive motion papers that highlight key issues for the motion court while creating a comprehensive record for appellate review. 

    Prior to joining Marshall Dennehey, Diane served as an appellate and motion attorney at a New York City law firm where she defended municipal entities and construction companies against Labor 240(1), 241(6) and 200 claims. Among other achievements, her advocacy resulted in the dismissal of plaintiff's entire case against all defendants in a New Jersey action where plaintiff attempted to apply New York Labor Law. 

    Diane has appeared for oral argument in the First and Second Departments of the Appellate Division.

    Admissions
    New York
    2007
    U.S. District Court Eastern District of New York
    2009
    U.S. District Court Southern District of New York
    2009
    Education
    Fordham University School of Law (J.D., 2005)
    University of Pennsylvania (B.A., magna cum laude, 1998)
    Associations & memberships
    New York City Bar Association
    New York State Bar Association
    Year joined
    2023