News & Events

GVK Newsletter June, 2017

June 27, 2017

New and Improved GVK (To view our newsletter in full click here.) Calculated Growth and Expansion The first quarter of 2017 has gotten off to a great start for GVK. We are proud to add to the depth of our services and we continue in our commitment to quality legal representation and efficient legal services Read more...

Chad Sjoquist Obtains Defense Verdict in a Labor Law Case in Supreme Court, New York County

June 15, 2017

On May 25, 2017, Chad Sjoquist obtained a unanimous defense verdict on behalf of a cooperative apartment building in a Labor Law 240(1) case. The case was tried before Justice Frank P. Nervo in the Supreme Court, New York County. The plaintiff was a temporary worker for a small painting company that was retained by Read more...

Legal Alert! Change in NY Additional Insured Rules – Commentary by GVK Partners Robyn Silvestri & Dan Mevorach

June 12, 2017

On June 6, 2017, the Court of Appeals (New York’s highest court) made new law holding that an Additional Insured endorsement (such as CG 2033 07/04) affording coverage for liability “caused, in whole or in part by the ‘acts or omissions’ of the named insured” only apply when the named insured is the proximate cause Read more...

Kenneth S. Merber Obtains Directed Verdict in a Premises Liability Case in Supreme Court, County of Queens

June 5, 2017

On June 1, 2017, Kenneth S. Merber obtained a directed verdict after a 3-week jury trial in the Supreme Court of the State of New York, County of Queens in a premises liability case brought against a New York City commercial building owner, its managing agent and maintenance contractors. Ken successfully defended one of the Read more...

Gallo Vitucci Klar is Proud to Congratulate Our Newly Promoted Partner, Jessica A. Clark!

May 31, 2017

Gallo Vitucci Klar LLP is proud to congratulate our newly promoted partner, Jessica A. Clark! Jessica began her career with GVK in 2010, and has since proven herself as a major asset to our team. She has recently worked on two high-profile crane collapse cases, while also specializing in general litigation matters, including New York Read more...

Save The Date! Register now for Themis Advocates Group 5th Annual Mock Trial Event June 7, 2017

May 23, 2017

Themis Advocates Group is excited to be hosting their 5th Annual Mock Trial Event in Chicago, IL. This year’s event will feature GVK attorneys, Ken Merber, Partner & Senior Trial Counsel, and Alida Verdino, Partner & General Liability and Professional Liability Specialist. This year’s mock trial will follow a professional liability fact pattern. Themis Advocates Read more...

Now Hiring! Check Out Our Current Career Opportunities

May 19, 2017

Gallo Vitucci Klar LLP is continuing its growth and expansion looking for 5 junior to mid-level associates in the following offices and practice areas: Associate with a minimum 5-7 years’ experience in the area of commercial transportation. A demonstrated history of handling a full transportation caseload required. Located in our Long Island office. Junior level Read more...

Richard Gonzalez Named Head of Maritime Practice & Emergency Response Team

May 15, 2017

As head of GVK’s Maritime and Admiralty Practice Group; Lieutenant Commander Richard González, provides a unique ethos of realistic, well-rounded legal advice to insurers and insureds alike in the successful defense of all admiralty matters. Prior Lead Marine Investigator for US Coast Guard Richard’s rare combination of US Coast Guard Investigator and attorney ensures the Read more...

Kenneth S. Merber Obtains Defense Verdict In A Labor Law/Premises Liability Case In Supreme Court, Westchester County

May 8, 2017

On May 4, 2017, Kenneth S. Merber obtained a defense verdict in a New York Labor Law/Premises Liability case brought against an automotive garage after a 4-day trial in the Supreme Court of the State of New York, County of Westchester. The case was tried before The Hon. David F. Everett.  The plaintiff alleged that the firm’s client Read more...

Heather Ragone Named 2016 Top Women Super Lawyer

April 17, 2017

  Gallo Vitucci Klar LLP is proud to announce that Heather Ragone has been named one out of only three Transportation and Maritime attorneys in the New York Metro area, selected to the 2016 Top Women Super Lawyer list. This is an exclusive list, recognizing no more than five percent of attorneys in the state. Read more...

Matthew J. Vitucci Obtains Defense Verdict In A Bus/Truck Collision Case In Supreme Court, New York County

February 3, 2017

In a matter tried before Judge Arlene Bluth of the Supreme Court, New York County, Mr. Vitucci obtained a defense verdict on behalf of a driver and bus company against claims brought by a commercial truck driver, that at the time of the accident, was parked near the intersection of 55th and 11th Avenue in Read more...

Gallo Vitucci Klar LLP Opens Long Island Office

October 31, 2016

Woodbury, Long Island – Gallo Vitucci Klar LLP is pleased to announce the opening of its Long Island office located at 100 Crossways Park West, Woodbury, New York. Adding to GVK’s current offices located in New York, New Jersey and Westchester, this is the firm’s 4th office location. The new office in Long Island comprises of Read more...

Kenneth S. Merber Obtains Defense Verdict On Behalf Of Largest Maintenance Company In The U.S.

September 22, 2016

On September 16, 2016, after a two week trial in the Supreme Court of the State of New York, Westchester County, Kenneth Merber obtained a defense verdict on behalf of an international property owner/property management company and one of the largest maintenance companies in the United States. The case involved an alleged slip and fall Read more...

Kenneth Merber to Compete in ‘Chopped for CHOP’ on November 9 & 10

August 31, 2016

Gallo Vitucci Klar is excited to announce that our partner, Kenneth J. Merber, is scheduled to compete in this year’s “Chopped for CHOP” event organized by Magna Legal Services at the Borgata Hotel Casino & Spa on November 9th & 10th. Kenneth will compete with other trial attorneys to win up to $10,000 in donations Read more...

New Jersey Supreme Court Affirms CGL Coverage For Damages Resulting From Defective Construction Work

August 16, 2016

New Jersey’s highest court issues important insurance coverage decision in Cypress Point Condominium Association Inc. v. Adria Towers LLC, Case Number 076348, affirming that a CGL policy provides coverage for consequential damages resulting from a subcontractor’s defective construction work. On August 4, 2016, the New Jersey Supreme Court affirmed that a Commercial General Liability (CGL) Read more...

Gallo Vitucci Klar Welcomes Three Partners From Lewis Brisbois

July 22, 2016

Gallo Vitucci Klar is pleased to announce the addition of three new partners to the firm. Bryan Schwartz, Andrea Silk and Robyn Silvestri, were previously partners at the Manhattan office of Lewis Brisbois Bisgaard & Smith LLP. BRYAN T. SCHWARTZ Bryan has over 15 years of experience defending transportation and complex litigation matters and primarily Read more...

James V. Deegan Obtains Defense Verdict in Damages Trial in Bronx Supreme Court Motor Vehicle Case

June 30, 2016

On June 14, 2016, James V. Deegan successfully obtained a defense verdict after a 5 day jury trial and only 3 hours of deliberation in the Supreme Court, Bronx County before Judge Faviola Soto. The case of Schneider v. Isabella City Carting, et al., arose out of a two vehicle collision that occurred on June 14th, Read more...

Daniel P. Mevorach and Thomas D. Vu Obtain Summary Judgment Decision in Labor Law Action

May 26, 2016

GVK Partner Daniel Mevorach and Associate Thomas Vu obtained summary judgment dismissing Plaintiff’s Complaint, in its entirety, on behalf of our client Consolidated Edison Company of New York (“Con Ed”) in a very high exposure construction accident matter pending trial before Justice Carmen Velasquez in the Supreme Court, Queens County. The Plaintiff was a 32 Read more...

Tractor Trailer Case: Matthew J. Vitucci Obtains Defense Verdict in U.S. District Court–Southern District of New York

May 24, 2016

Following a six day jury trial and only four hours of deliberation, Matthew Vitucci obtained a defense verdict for our client, A. Anastasio & Sons Trucking and Jeremy Horace Jupiter, in the matter of Manlapig v. A. Anastasio & Sons Trucking, et al., tried in the United States District Court for the Southern District of Read more...

4TH Annual Mock Trial Event

March 1, 2016

Our THEMIS Group is currently arranging their 4th Annual Mock Trial Event in New York City. The Voir Dire, witness examinations, motions in limine, opening statements and closing arguments will be provided by Themis Advocates Group’s highly skilled and experienced litigators. This trial will include a randomly selected live jury as well as real-time jury Read more...

James V. Deegan and Daniel P. Mevorach Obtain Defense Verdict in Labor Law Action

February 26, 2016

In a matter tried before Justice Barbara Jaffe in Supreme Court, New York County, GVK Partners James Deegan and Daniel Mevorach obtained a unanimous defense verdict on behalf of our client React Industries, Inc. (“React”) Prior to trial, general contractor Structure Tone, Inc. settled for $3.625 million with the Plaintiff, who had obtained summary judgment Read more...

GVK Partner, Kenneth S. Merber, Successfully Defends Commercial Bus Accident

January 16, 2016

Kenneth S. Merber successfully defends a commercial bus and its driver after a 4 week trial in the Superior Court of New Jersey, Bergen County, Law Division. The case of Juan Pablo Morales Hurtado v. New Service, Inc. and Abel Reinoso involved a 28 year old Hispanic man whose Honda Civic was rear ended by Read more...

Appellate Division Prohibits Video Recorded IME’s, Levels Playing Field for Defendants

December 16, 2015

New York defendants scored a significant procedural victory recently, when the Appellate Division ruled that personal injury plaintiffs cannot video record independent medical examinations (“IME’s”) without prior court approval. The unanimous decision by a four-judge panel halts a growing trend of plaintiffs recording IME’s for expert impeachment, but equally as important, it highlights the hurdles Read more...

The Court of Appeals Confirms That Prejudgment Interest in Wrongful Death Actions is a Part of Damages Running from the Date of Death

December 3, 2015

On January 10, 2012, New York’s highest court, the Court of Appeals, decided in Toledo v. Christo that the proper method for calculating preverdict interest on future wrongful death damages in personal injury cases is to discount damages to the date of death and award interest on that amount from the date of death to the date Read more...

“Plausibility” Pleading Standard for Title VII Discrimination Cases Clarified and EEO Director’s Own Complaints of Discrimination Found to be “Protected Activity”

August 27, 2015

In a decision earlier this month, the Second Circuit reinstated disparate treatment and retaliation claims filed by a former New York City, Administration for Children’s Services (“ACS”) Director of its Equal Employment Opportunity Office and held that a plaintiff at the pleading stage “does not need substantial evidence of discriminatory intent” but rather “gets the Read more...

Keeping an Eye on the Court of Appeals’ New York Labor Law Decisions

August 27, 2015

The Court of Appeals recently issued three decisions on the so-called Scaffold Law, New York Labor Law 240(1), taking on both of the elements required to impose Scaffold Law liability (that a plaintiff is engaged in a “protected activity” and faced with a “height-related risk”) in the first two cases, and in the third case, Read more...

James V. Deegan Obtains Defense Verdict in Multiple-Vehicle Accident

June 30, 2015

In a matter tried before Justice Peter Sweeney in Supreme Court, Kings County, James Deegan obtained a unanimous defense verdict on behalf of Coach Bus and bus driver Mark Richards after a three-day trial. The incident occurred in the eastbound lanes of the Brooklyn-Queens Expressway. Plaintiff claimed to have been rear-ended by the Coach bus Read more...

Matthew J. Vitucci Obtains Defense Verdict Non-Suiting Supreme Court Judge

March 30, 2015

Matthew J. Vitucci obtained a defense verdict in a case involving a collision between defendant’s vehicle and the vehicle in which plaintiff, a sitting Supreme Court Justice, was a passenger, which vehicle was operated by her husband. Plaintiff’s husband/third-party defendant made contact with defendant’s vehicle while turning left in front of him, traveling from Gerard Avenue Read more...

New York 2014 Construction Accident Settlement Summary

January 13, 2015

VerdictSearch recently again compiled a useful chart of settlements in New York in 2014 in Construction Accident cases. The chart lists the name of the case, date of settlement, court, the type of action and injuries, the name of plaintiff’s counsel and amounts of the settlements, which range from $275,000 to $9.9 million. Out of Read more...

New York High Court Once Again Emphasizes the Importance of Specificity When Claims are Potentially Not Covered

May 23, 2014

On February 18, 2014, in a 5-2 decision, the New York Court of Appeals in QBE Insurance Corporation v. Jinx-Proof, Inc., et al., affirmed the January 18, 2013, holding of the Appellate Division, First Department, finding QBE Insurance Corporation (“QBE”) to have adequately disclaimed coverage to its insured, Jinx-Proof, Inc. (“Jinx-Proof”), with respect to assault and Read more...

Primary Carrier’s Failure to Settle Results in Bad Faith Ruling in Favor of Excess Carrier

April 24, 2014

On March 31, 2014, the United States District Court for the Northern District of New York in Quincy Mutual Insurance Company v. New York Central Fire Insurance Company found the primary insurance carrier, New York Central Fire Insurance Company (“New York Central”), to have handled the defense of its insured in bad faith when, for nearly ten Read more...

To Disclaim or Not to Disclaim – That is the Question Where the Insured Has Failed to Cooperate

March 20, 2014

On February 18, 2014, the New York Court of Appeals, in Country-Wide Insurance Company v. Preferred Trucking Services Corporation, further clarified the application of New York Insurance Law § 3420 and the requirements imposed upon an insurer that seeks to disclaim coverage based upon the insured’s failure to cooperate. Over the past 47 years, since Thrasher v. U.S. Read more...

Kalliopi “Popi” Kousis to Serve as Regional Chair for Northeast Region of WCLA

March 17, 2014

Gallo Vitucci Klar LLP is pleased to announce that Kalliopi “Popi” Kousis has been selected to serve as the Regional Chair for the Northeast Region of the Women’s Construction Litigation Alliance (WCLA). The WCLA is a nonprofit public benefit corporation that supports and encourages women in construction litigation. With respect to WCLA, “construction litigation” is Read more...

K2: The Court of Appeals Backtracks to Avoid Overturning Well-Settled Precedent

February 24, 2014

On February 18, 2014, in a split decision (4-2-1), the New York Court of Appeals, in K2 Inv. Group, LLC v American Guaranty & Liability Insurance Company, reiterated the well-settled precedent set forth in Servidone Construction Corp. v. Security Insurance Company of Hartford, 64 N.Y.2d 419 (1985) that an insurer’s denial of defense to its insured will not Read more...

No Christmas Present for Plaintiff in December 20, 2013, Defense Verdict by Gallo Vitucci Klar LLP in Elevator Case – Superior Case, Passaic County

January 7, 2014

Following a two-week jury trial and four hours of deliberation, Mary L. Maloney obtained a defense verdict for our client, U.S. Elevator, in the matter of Cobb v. County of Passaic and U.S. Elevator, in the Superior Court of the State of New Jersey, County of Passaic, before Judge Anthony J. Graziano. The verdict of “no Read more...

Matthew J. Vitucci Obtains Defense Verdict in Megabus Retrial

November 26, 2013

Following a five-day retrial, Matthew J. Vitucci once again obtained a favorable verdict for our client, Megabus, in the matter of Ebrahem v. Coach Leasing, Inc. As we reported in our legal alert of September 3, 2013, this matter was originally tried in the U.S. District Court for the Southern District of New York before Judge Shira A. Scheindlin, Read more...

The Court of Appeals Clarifies Just How Far the New York Scaffold Law Will Extend to Commercial Cleaning Activities

October 24, 2013

On October 10, 2013, the New York Court of Appeals, in Soto v. J. Crew Inc., et al., unanimously affirmed both the trial court and the Appellate Division, First Department, and held an employee of a commercial cleaning contractor was not engaged in “cleaning” under New York Labor Law § 240(1) (also known as the “Scaffold Law”), Read more...

Gallo Vitucci Klar LLP’s Transportation Team Scores Victory in U.S. District Court – Southern District of New York – Bus Case

September 3, 2013

Following a five-day jury trial and four hours of deliberation, Matthew Vitucci obtained a favorable verdict for our client, Megabus, in the matter of Ebrahem v. Coach Leasing, Inc., tried in the United States District Court for the Southern District of New York before Judge Shira A. Scheindlin. The verdict came back apportioning liability 50/50 and Read more...

Appellate Division of New Jersey Imposes Limited Duty on “Remote Texters”

August 25, 2013

On August 27, 2013, the New Jersey Appellate Division addressed an issue of first impression in the State of New Jersey, and perhaps the nation. Specifically, in Kubert v. Best, a unanimous court found that a person who texts someone that is driving can be held liable for personal injuries sustained by others who are involved Read more...

K2: Court of Appeals Meant What it Said in Lang — Beware of Letting Insureds Default

June 27, 2013

On June 11, 2013, in a unanimous decision, the New York Court of Appeals, in K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co., reiterated the rule in New York that where an insurer disclaims defense coverage, relying upon a policy exclusion, and the disclaimer is invalid, the insurer may not rely on the Read more...

GVK Helps Launch Themis Advocates Group Website

March 14, 2013

Creating a national network of law firms to share technology, information, and best practices for the insurance and claims industry With a focus on continued expansion and increased services to clients, Gallo Vitucci Klar LLP joins 19 other law firms across the United States in launching the website for the Themis Advocates Group. Throughout the years, GVK Read more...

The First Department Focuses on the Applicable Standard when Assessing the Validity of a Disclaimer Rather than the Label Afforded by the Insurer

January 23, 2013

On January 17, 2013, the New York Appellate Division, First Department decided QBE Insurance Corporation v. Jinx-Proof, Inc., et al., No 114856/10, 2013 WL 174089 (1st Dept. January 17, 2013), affirming the New York County Supreme Court’s prior award of summary judgment to QBE Insurance Corporation (“QBE”) in this declaratory judgment action. The court held that Read more...

GVK Announces Affiliations to Provide Regional Defense of Anticipated Superstorm Sandy Claims

January 14, 2013

Gallo Vitucci Klar, LLP (“GVK”) is pleased to announce that the firm has partnered with Zarwin, DeVito, Kaplan, Schaer & Toddy, PC (“Zarwin”), a Pennsylvania law firm, and Sheehy Ware & Pappas, P.C. (“Sheehy”), a Texas law firm with unparalleled experience in defending catastrophic weather claims (“CAT”), to allow the newly formed team to take Read more...

The Court of Appeals Draws a Distinction Between Condominiums and Cooperatives in Terms of the New York Labor Law

December 14, 2012

On Tuesday, December 11, 2012, in a surprising 4-2 split decision, the New York Court of Appeals in Guryev v. Tomchinsky, et al., exempted “condominium related defendants,” collectively described as the condominium building (including non-contracting unit owners), the board of managers and the building manager, from liability under New York Labor Law Section 241(6). In finding that Read more...

New York and New Jersey Issue Orders Extending Particular Limitation Periods and Filing Deadlines Due to Hurricane Sandy

November 2, 2012

Due to Hurricane Sandy, which has caused extraordinary damage and disruption in the states of New York and New Jersey, including, but not limited to, widespread power and utility outages, extensive transportation problems, and dislocation of employees and residents, the Governor for the State of New York has extended time periods established pursuant to the Read more...

New York’s Highest Court Holds an Insurer May Rescind Coverage to an Additional Insured Where Named Insured Has Allegedly Made Material Misrepresentation in Underwriting Submission

June 14, 2012

On June 12, 2012, the New York Court of Appeals in Admiral Ins. Co. v. Joy Contractors, Inc., 2012 WL 2092863 (NY June 12, 2012) held that an insurer can rescind coverage to an additional insured where the named insured has made a misrepresentation in an underwriting submission that deprives the insurer of the opportunity to Read more...

New York 2011 Construction Accident Verdict Summary

May 3, 2012

VerdictSearch recently compiled a useful chart of verdicts in New York in 2011 awarded in Construction Accident cases. The chart lists the name of the case, date of verdict, court, the type of action and injuries, the name of plaintiff’s counsel and amounts of the verdicts, which range from $19.5 million to $125,000. Out of Read more...

Kousis and Vasquez Named on New Jersey Super Lawyers and Rising Stars Lists

April 12, 2012

Super Lawyers has named two Gallo Vitucci Klar LLP (“GVK”) attorneys, Kalliopi P. Kousis, Of Counsel; and Martha Vasquez, Associate, practicing out of GVK’s New Jersey office, to the New Jersey Super Lawyers and Rising Stars lists. The lists were included in the 2012 Super Lawyers and Rising Stars magazine published in April 2012. The Read more...

Manhattan U.S. Attorney and FBI Impose Charges Against Largest No-Fault Automobile Insurance Fraud Ring to Date

March 5, 2012

On February 29, 2012, 36 individuals, including ten doctors, two acupuncture practitioners, two chiropractic practitioners and three lawyers, were charged with the largest single no-fault insurance fraud scheme in history. The defendants indicted were responsible for defrauding insurance companies of more than $279 million under New York’s no-fault automobile insurance law, whereby drivers and passengers Read more...

New York Court of Appeals Confirms that a “Strict Liability” Standard Under Local NYC Law will be Imposed Upon Excavators who Cause Damage to Adjoining Property

February 17, 2012

On February 14, 2012, New York’s highest court, the Court of Appeals, in an effort to preserve the legislative intent and the integrity of a plain reading of the language of Administrative Code of the City of New York Section 27-1031(b) (1) (“the Code”), decided in consolidated appeals, Yenem Corp. v. 281 Broadway Holdings, et al. Read more...

First Department Overrules Prior Decision and Requires Insurers to Give “Prompt Notice” of Late Notice Disclaimers Regardless of Need for Investigation into Other Grounds

January 19, 2012

On January 17, 2012, the Appellate Division of the Supreme Court of the State of New York, First Department, in George Campbell Painting v. National Union Fire Insurance Co. of Pittsburgh, PA, 2012 NY Slip Op 00254, overruled its earlier decision in DiGuglielmo v Travelers Prop. Cas., 6 A.D.3d 344 (1st Dep’t 2004), wherein the court held, notwithstanding the Read more...

The Court of Appeals Confirms That Prejudgement Interest in Wrongful Death Actions is a Part of Damages Running From the Date of Death

January 12, 2012

On January 10, 2012, New York’s highest court, the Court of Appeals, decided in Toledo v. Christo, that the proper method for calculating preverdict interest on future wrongful death damages in personal injury cases is to discount damages to the date of death and award interest on that amount from the date of death to the Read more...

New York Court of Appeals Eases Type of Medical Evidence Needed to Prove “Serious Injury”

January 6, 2012

On November 22, 2011, the highest court in the State of New York, the Court of Appeals, issued a decision in Perl v. Meher, 2011 N.Y. Slip Op. 08452 (2011), which will prove unfavorable for defendants challenging a plaintiff’s showing of “serious injury” under the No-Fault Law, particularly those “serious injury” claims involving soft tissue injuries, Read more...

The Court of Appeals Expands the Scope of Labor Law §240(1) in Falling Object Cases

October 26, 2011

On Tuesday, October 25, 2011, in a 4-3 split decision, the New York Court of Appeals in Wilinski v. 334 East 92nd Housing Development Fund Corp., wherein our firm represents the defendants, declined to adopt the so-called same level rule, holding that recovery under Labor Law §240(1) may not necessarily be precluded where a worker Read more...

Insurance Bad Faith Actions: Not Completely Dead in New York

October 19, 2011

On Monday, October 17, 2011, in Traveras v. American Transit Insurance Co., 2011 N.Y. Slip 5183 (U), the New York State Supreme Court, County of Kings, held that American Transit Insurance Company acted in bad faith when it refused to settle for the full limits of its policy a lawsuit brought by a taxi passenger injured Read more...