News & Updates

On Friday, December 13th, Martin Rowe secured a defense verdict in Supreme Court, Bronx County, delivering a significant win for our client, a supermarket operator. The plaintiff, a customer, alleged that she sustained injuries after a fall in the store, claiming she tripped over a box placed in the aisle by a vendor restocking shelves. Read more...

Gallo Vitucci Klar LLP is proud to announce that 9 of our attorneys have been named to the 2024 Super Lawyers and Rising Stars list! These prestigious honors highlight legal professionals who have demonstrated outstanding dedication and skill in their respective fields. With only 5% of lawyers in New York selected as Super Lawyers and Read more...

GVK has recently filed several motions across the New York State Court System regarding a certain plaintiff’s law firm that has admitted that it helped bring 200-300 fraudulent cases into our Courts. That firm has told the courts and the defense bar that it can walk away from these potentially fraudulent cases (they have not Read more...

James Mercante, the head of GVK’s Admiralty practice, presented on September 16, 2024, at the 150th Anniversary of the International Union of Marine Insurance (IUMI) conference in Berlin, Germany. This significant event marks a milestone in the IUMI’s history, tracing back to its inaugural General Assembly in January 1874. Originally convened by 31 representatives from Read more...

Written by C. Briggs Johnson In Liciaga v. New York City Tr. Auth., 2024 NY Slip Op 04257 (2d Dep’t Aug. 21, 2024), the Appellate Division, Second Department recently issued a groundbreaking and long overdue decision allowing defendants in personal injury actions to attack a plaintiff’s award of future medical expenses under the Patient Protection Read more...

The plaintiff claimed that on May 17, 2022, he was injured when he attempted to hold up his Harley Davidson motorcycle as it began falling over after he parked it on the unpaved driveway of the subject premises that he and his wife were leasing from our landlord client. Plaintiff argued that our client failed Read more...

At the time of the incident, the infant plaintiff and her mother were visiting a home owned by our clients who resided out of state. It was alleged the dog was owned by tenants of the property and that the dog bit the infant plaintiff causing substantial facial injuries. Plaintiff obtained a default judgment against Read more...

On July 31, 2024 and after more than three weeks on trial and three days of jury deliberations before Judge Maldonado Cruz in Queens Supreme, Grant M. Meisels secured a $262,000 plaintiff’s verdict in a damages only motor vehicle case where the plaintiff’s pre-trial demand was $3,000,000 and asked the jury for more than $8,500,000. Read more...

Martin Rowe (partner) and Nadine Ibrahim (associate) secured a defense verdict on July 16, 2024, in the US District Court, Southern District of New York, before District Judge Gardephe in a disputed sideswipe trucking accident that occurred on the Cross Bronx Expressway. As a result of the accident, the plaintiff injured his lumbar and cervical Read more...

GVK is excited to announce the elevation of nine outstanding attorneys, Maggie O’Connor, Kelli McGrath, Jeremy Weg, Greg Day, Michael Liloia, Lee Mandarino, Sarah Allison, Scott Levinson and Richard Gonzalez to the position of Of Counsel. Their invaluable contributions and dedication to the firm’s client’s and success have made their promotion a well-deserved recognition of Read more...

Insurer Wins Unanimous Decision in New York Choice of Law Battle By James E. Mercante In sports, there’s nothing like a clean sweep, a shutout, a perfect game or a unanimous decision. Anything close to a unanimous decision in the U.S Supreme Court these days is rare. Count a gritty marine insurer as part of the Read more...

We are proud to announce that our attorney, Michael Stern, has been featured in the 16th edition of Millennium, A Marquis Who’s Who Magazine! Michael Stern is an admiralty and insurance coverage attorney.  He is a litigator with more than 30 years of experience representing cargo insurers, terminal operators, vessel owners, charterers and operators, the Protection Read more...

  Plaintiff was employed by GVK’s client when he was involved in a work-related accident while working on a project for Con Ed.  During discovery, we established through document responses and deposition testimony there was no written agreement between plaintiff’s employer and Con Ed. Citing the lack of a contract or grave injury, we moved Read more...

One of our new practice areas with the addition of Bruce M. Friedman and his team from Rubin Fiorella Friedman & Mercante LLP, is a full-service reinsurance practice. Bruce is among the most experienced reinsurance practitioners in the country. Bruce’s bio may be found at the GVK website. While reinsurance is far removed from the Read more...

On May 25, 2024, a federal court jury rendered a defense verdict following a week of trial concerning allegations that the defendant driver rear-ended plaintiff’s vehicle in a collision that occurred in the far left lane at the intersection of First avenue and 29th Street, Manhattan,  in the early morning hours of January 20, 2022. Read more...

Partner, Patrick W. Kenny, was successful in obtaining summary judgment for a general contractor client. The client had contracted with the owner of the property to do renovations to various buildings on the property. Plaintiff, an employee of the Owner, alleged he was injured when he was removing garbage from a tenant garbage drop spot Read more...

Gallo Vitucci Klar LLP Partner, Michael E. Stern recently prevailed on a motion for summary judgment in the Southern District of New York before the Hon. Ona T. Wang. The lawsuit alleged strict liability for fire damage to vehicles owned and being shipped by Daimler Benz and the M/V HONOR. The plaintiffs HDI Global SE, Read more...

Gallo Vitucci Klar LLP Partner, Alan R. Levy recently prevailed on a 2-week bench trial in the Civil Part at the Supreme Court of the State of New York – New York County before the Hon. Dakota D. Ramseur, J.S.C. The lawsuit alleged interference of a commercial lease due to construction incidents had been pending Read more...

The head of Gallo Vitucci Klar LLP’s Maritime Department James Mercante appeared on CBS news to discuss the container ship collision with the Key Bridge in Maryland, the potential malfunctions leading up to the collision and the legal implications to come. Mr. Mercante also discussed the tragic incident on Canada’s Corus/Global News Radio Network, Newsmax with Greg Kelly Read more...

The plaintiff, a 25 year old female was a passenger in a vehicle driven by codefendant which was driven into the left rear of an 80K lb dump truck owed by HC Trucking and operated by its employee. The accident occurred at 11:45 p.m. on the southbound Garden State Parkway in Monmouth County NJ.  The Read more...

On behalf of Gallo Vitucci Klar LLP, we are delighted to extend our congratulations to William E. Marsala (“Bill”) on his appointment as a judge of the New Jersey Superior Court. Bill’s journey to this prestigious position is a testament to his qualifications, dedication, and reputation in the legal community. Recommended for a judgeship by Read more...

Written by Briggs Johnson Since the Court of Appeals case in Rodriguez v. City of New York, 31 N.Y.3d 312, 320 (2018) (where the Court held that a plaintiff need not demonstrate his or her freedom from comparative negligence to win summary judgment on liability), we have found that some plaintiffs believe that when they have Read more...

Written by Bryan T. Schwartz and Roberto D. Uribe The New Jersey Legislature passed a law raising the minimum insurance requirements for commercial trucks weighing over 26,001 lbs. to $1.5 million – doubling what is currently required under the FMCSA requirements. The law does not specify whether this requirement applies to intrastate New Jersey carriers Read more...

By James E. Mercante, Featured in the New York Law Journal. It is said that a collision at sea will ruin your whole day. It can also be fatal and ruin careers. One such collision punctu­ates this in a big, expensive, and tragic way. Ten Navy sailors died and 31 were injured. The two ships sustained Read more...

Written by C. Briggs Johnson New York’s highest Court (the Court of Appeals) has just announced a major expansion of Labor Law section 241(6) liability against those who own or perform general contractor services for buildings undergoing construction, excavation, or demolition. In Bazdaric v. Almah Partner LLC, the Court expanded the scope of industrial code section Read more...

On February 16, 2024, following a re-trial, Matthew Vitucci obtained a defense verdict in Supreme Court, New York County before the Honorable James D’Auguste on behalf of our clients, a cooperative apartment owner and its property manager. Plaintiff alleged she was injured by falling snow and ice while walking on the sidewalk in front of Read more...

GVK’s appellate practice chair, C. Briggs Johnson, recently secured a major appellate victory in a Labor Law action.  In Vasquez v. Manhattan College (App. Div. First Department Case No.: 2023-01676), plaintiff alleged that he injured himself on a construction project when he fell off a ladder while removing asbestos for our client (and his employer) Read more...

GVK recently obtained a dismissal of a plaintiff’s Labor Law 240(1) claim arising out of a tragic construction site accident with a demand of $30 million dollars. Plaintiff claimed that he injured himself on a construction project when he drove a scissor lift off a temporary ramp on a construction project located in Brooklyn.  Our clients Read more...

With the previous announced addition of the attorneys of Rubin, Fiorella, Friedman & Mercante LLP (“RFFM”) to Gallo Vitucci Klar LLP (“GVK”),  we are  excited by the  expansion and strengthening  of our New York No-Fault insurance law practice.  Three new partners from RFFM,  Charles T. Rubin,  David Boucher, and Michael Tomsky, join as experts in the Read more...

By William Parra On December 29, 2023, Governor Hochul vetoed the latest version of the “Grieving Families Act,” which the State Legislature passed in June 2023. She did so the day after the Legislature delivered the Act to her for consideration, despite intense lobbying efforts by organizations led by the Plaintiffs’ bar. It was reported Read more...

Gallo Vitucci Klar LLP is pleased to announce the partners, associates and staff of Rubin, Fiorella, Friedman & Mercante LLP are joining the firm effective January 1, 2024.  The combined firm will continue as Gallo Vitucci Klar LLP.  Terry Rubin, Ken Fiorella and Bruce Friedman will assume management positions at the firm. James Mercante will Read more...

A lower New York court has recently issued a decision which upset what was thought of as settled law in relation to an insured’s right to attorney fees in a DJ action. In the Utica v. Crystal Wall case, 2023 NY Slip Op 23362, the court ruled that if the insured is successful in defending Read more...

On October 5th, GVK had the privilege of joining hands with the Bowery Mission for a day of volunteering that made a meaningful difference in the lives of New Yorkers in need. The Bowery Mission is dedicated to fostering the well-being and success of New Yorkers who are striving to overcome homelessness and marginalization. They Read more...

Over the weekend, Team GVK participated in the Tunnel to Towers 5k Run & Walk! The Tunnel to Towers 5k Run & Walk in New York City is held each year on the last Sunday of September. The event symbolizes Stephen Siller’s final footsteps from the foot of the Battery Tunnel to the Twin Towers. Read more...

Gallo Vitucci Klar LLP is thrilled to announce that 12 of our Partners and Associates have been named to the Super Lawyers and Rising Stars list for the year 2023! These honors recognize the top legal professionals in their respective fields who have demonstrated excellence in their practice. Only 5% of lawyers in New York Read more...

Gallo Vitucci Klar LLP is thrilled to announce the elevation of three remarkable attorneys C. Briggs Johnson, Jacqueline S. Kim, and Rozaly Cohen to the position of partner. Their exceptional contributions and commitment to the firm’s growth and success have made this promotion a fitting recognition of their achievements. C. Briggs Johnson has been with the Read more...

On July 19, 2023, GVK obtained dismissal of plaintiffs’ legal malpractice claim and fourteen (14) related causes of action against GVK’s client. Plaintiff retained GVK’s client to represent her in a contentious matrimonial action which spanned several years. During the matrimonial action, GVK’s client’s diligent representation of the plaintiff resulted in a Parenting Agreement and Read more...

By C. Briggs Johnson In Scurry v. New York City Hous. Auth., 39 N.Y.3d 443 (2023), the Court of Appeals recently decided two separate cases that expanded the liability of defendants in negligent security actions arising out of the deliberate, intentional, or “targeted” attacks of third parties. Previously, the Appellate Division, First Department uniformly held that Read more...

By William Parra Yesterday evening, the NY State Senate voted on and passed the amended “Grieving Families Act” bill, which was reintroduced and passed in the Assembly last week (see our previous alert on the matter here). Having now passed both houses of the state legislature, the bill is expected to be formally sent to Read more...

By William Parra A modified version of the Grieving Families Act (the “Act”) bill was recently reintroduced in the NY State Assembly and Senate. On June 1, 2023, the State Assembly passed Bill A6698. It will now proceed to the State Senate for a vote, although when is unclear. If the Senate passes the bill, this Read more...

By C. Briggs Johnson In Grady v. Chenango Val. Cent. School Dist., 2023 NY Slip Op 02142 (Apr. 27, 2023), the Court of appeals recently decided two cases and reaffirmed that the “primary assumption of the risk doctrine” (a doctrine that prevents a plaintiff from recovering damages in a personal injury lawsuit altogether) is still “applicable Read more...

On May 8, 2023, a Brooklyn jury returned a defense verdict following a one-week trial handled by Matthew Vitucci. The trial involved the claim by Plaintiff, Ausencio Aguirre Martinez, that he slipped and fell from a defectively constructed and inadequately maintained service entry stairway located between the lobby and basement of a building located 1056 5th Avenue, Read more...

Congratulations to Pat Cooney. Following a three week trial in Erie County, New York, the jury returned a verdict finding that our client, Kelvin Sharpe, a bus operator for Pine-Hills/Trailways, was not responsible nor did he contribute to the happening of the accident. Seven of the passengers brought suit against our clients with combined settlement Read more...

We are excited to report that we successfully defended a jury verdict in our clients’ favor in the Appellate Division, Second Department (Rosenberg v. Hanasab, 2023 NY Slip Op 02136, 1 [2d Dep’t Apr. 26, 2023]).  This case arose out of an alleged slip and fall on ice on our clients’ property (the steps leading Read more...

Congratulations to first year associate, Matthew Finegan! We are thrilled to announce that Matthew has officially been admitted to practice law in the State of New York! Well done on passing the bar exam and achieving this significant milestone in your legal career. Matt works with Matthew Vitucci and Pat Cooney handling premises and commercial Read more...

  Plaintiff, an employee of the general contractor, was standing atop a metal step ladder when an exposed wire came in contact with his ladder. Based upon a post-accident investigation, it was determined that someone had stripped a fluorescent light, plugging the stripped wires of the light into an extension cord allowing the exposed wires Read more...

By William Parra The Grieving Families Act (the “Act”), which the New York State Legislature passed on the final day of the June 2022 legislative session, was vetoed by Governor Hochul last night, as the Act formally expired. This followed an op-ed she published yesterday supporting the amendment of the wrongful death statute to expand Read more...

Gallo Vitucci Klar LLP is proud to announce that 12 of our Partners and Associates have been named to the Super Lawyers and Rising Stars list for the year 2022. These GVK recipients have been recognized as the top attorneys in the New York Metro area for 2022. No more than 2.5 percent of lawyers Read more...

Over the past few months GVK has added a number of attorneys across all experience levels to the firm in our various practice groups. The addition of these attorneys furthers our ability to provide to our clients the highest level of legal services in our industry. GVK is pleased to welcome Amanda Aiello, James Burbage, Read more...

Matthew Finegan, Daniel Nachman, Paul Pastore and Sebastian Vollkommer have each passed the NY State Bar exam and will be admitted to practice in the coming months! Read more...

Matthew J. Vitucci obtained a defense verdict on a damages only trial where plaintiff sought over $3,000,000.00 from the jury. Plaintiff, Maribel Ortega aged 56, alleged she was stopped in traffic eastbound on McLean Avenue and within its intersection with the southbound portion of Central Park Avenue in Yonkers, New York when our client’s tractor Read more...

GVK congratulates our Partner, Joseph Scarglato, for being appointed by the Brooklyn Bar Association to Vice Chair of both the Transportation Law Committee and Tort Law Committee. In his leadership role, Joseph will coordinate CLE programs and Association publications related to transportation and tort law. Read more...

Plaintiff, a nurse working in a Dutchess County Hospital specimen room, was struck on the head by a 90 lb. overhead cabinet which suddenly detached from the wall. Investigation disclosed that the cabinet was installed 8 months earlier, as part of a hospital expansion project involving construction of a new services wing. It was concluded Read more...

By William Parra and Thomas Vitucci On Jun. 3, 2022, both houses of the New York State Legislature passed the Grieving Families Act (S74A/A6770) (the “Act”), during its final session. The legislation proposes to amend Estates, Powers and Trusts Law (“EPTL”) §§ 5-4.1, 4.3, 4.4 and 4.6 to expand the types of damages recoverable in Read more...

Governor Hochul signed the amendments to the NY Comprehensive Insurance Disclosure Act (“CIDA”) into law today. The following constitutes the relevant insurance disclosure requirements in NY State, under the revised law. The CIDA now applies only to cases in which Defendants filed an answer on/after Dec. 31, 2021. It no longer applies retroactively to existing Read more...

By William Parra On Jan. 18, 2022, a bill to amend the recently enacted Comprehensive Insurance Disclosure Act (“CIDA”) was introduced in the NYS Senate. The proposed changes in Bill S07882 are virtually identical to those Governor Hochul proposed, which were outlined in our Jan. 6th alert. As you may recall, the Governor qualified her Read more...

By William Parra and Corey Reichardt Governor Hochul signed the Comprehensive Insurance Disclosure Act (“CIDA”) into law on December 31, 2021. However, she did so subject to a “signing memo” stating that she agreed with the intent of the bill but had reached an agreement with the Legislature to ensure that the scope of the Read more...

In furtherance of our clients’ collective interest in the fair and economical pendency of insurance-related litigation, Gallo Vitucci Klar LLP this week joined other stakeholders in asking Governor Hochul to veto the Comprehensive Insurance Disclosure Act (the “Act”). The Act, which was presented to Governor Hochul for signature on December 20th, significantly expands defendants and Read more...

On December 7, 2021, New York’s Appellate Division, First Department found that a plaintiff who failed to appear for an independent medical examination (IME) and soon thereafter underwent surgical treatment was not subject to spoliation sanctions. Gilliam v. University Holdings, 2021 N.Y. Slip Op. 06798 (1st Dep’t 2021). The five-justice panel reversed the lower court’s Read more...

Last week, following a nearly three-week trial, Matthew Vitucci obtained a defense verdict in Supreme Court, New York County before the Hon. Nancy Bannon on behalf of our clients, a cooperative apartment owner and its property manager. Plaintiff alleged she was injured by falling snow and ice while walking on the sidewalk in front of Read more...

Following a two week trial, GVK Partner, Patrick J. Cooney, obtained a defense verdict in Supreme Court, Queens County before the Hon. Darrell Gavrin on behalf of our client Con Ed, the sole defendant. The accident occurred when the 40,000 pound excavator plaintiff was operating, slid into a creek and began to sink before plaintiff Read more...

On March 6, 2019, Kenneth S. Merber successfully obtained summary judgment and the complete dismissal of all claims asserted against Wawa in multiple lawsuits involving serious injuries and a fatality. On August 17, 2021, the dismissals were affirmed by New Jersey’s Appellate Division finally resolving the lawsuits commenced in 2016 while obtaining decisions completely vindicating Read more...

Commentary by Krystina Maola, Esq. The pandemic-related tolling of the statute of limitations in New York has caused great uncertainty over the interpretation of the applicable Executive Orders issued by Governor Cuomo. On June 2, 2021, the New York Appellate Division, Second Department issued a decision and order in Brash v. Richards concluding that the Read more...

We represent the employer in a Labor Law claim wherein the general contractor sought, inter alia, contractual indemnity from the employer.  On our motion for summary judgment in Supreme Court, Bronx County, we argued that the contract upon which the general contractor sought contractual indemnity was void as against public policy pursuant to GOL § Read more...

We represent the employer in a Labor Law claim wherein the general contractor sought, inter alia, contractual indemnity from the employer.  On our motion for summary judgment in Supreme Court, Bronx County, we argued that the contract upon which the general contractor sought contractual indemnity was void as against public policy pursuant to GOL § Read more...

Commentary by William Parra & Corey Reichardt  On May 3, 2021, Bill A7285 was introduced in the NY State Assembly, which would create a private right of action for policyholders and personal injury claimants to bring suit against insurers for “bad faith” or unfair claims settlement practices, such as an insurer’s unreasonable delay or refusal Read more...

Gallo Vitucci Klar LLP is pleased to announce that 16 of our Partners and Associates have been named to the Super Lawyers and Rising Stars list for the year 2021. These recipients have been recognized as the top attorneys in the New York Metro area and New Jersey for 2021. No more than 2.5 percent Read more...

Commentary by Ryan J. Gerspach  On April 13, 2021, New York’s Appellate Division, First Department awarded a plaintiff $20 million for past and future pain and suffering in what is believed to be the highest such award in the State’s history. Perez v. Live Nation Worldwide, 2021 N.Y. Slip Op. 02259 (1st Dep’t 2021). The Read more...

On March 24, 2021, GVK obtained dismissal of plaintiffs’ complaint asserting causes of action for legal malpractice, breach of contract and a violation of Judiciary Law § 487 against GVK’s attorney client. Plaintiffs alleged that they would have obtained a more favorable outcome in an underlying foreclosure action had GVK’s client asserted a statute of Read more...

On March 24, 2021, GVK obtained dismissal of plaintiffs’ complaint asserting causes of action for legal malpractice, breach of contract and a violation of Judiciary Law § 487 against GVK’s attorney client. Plaintiffs alleged that they would have obtained a more favorable outcome in an underlying foreclosure action had GVK’s client asserted a statute of Read more...

The Appellate Division, Second Department unanimously affirmed the lower Court’s decision granting summary judgment to GVK’s client, a paving contractor. Plaintiff-Appellant, a pedestrian, tripped and fell on a chain that was suspended approximately 4-5 inches above ground between two posts. GVK successfully argued in the Supreme Court, Kings County that the paving contractor had no Read more...

The Appellate Division, Second Department unanimously affirmed the lower Court’s decision granting summary judgment to GVK’s client, a paving contractor. Plaintiff-Appellant, a pedestrian, tripped and fell on a chain that was suspended approximately 4-5 inches above ground between two posts. GVK successfully argued in the Supreme Court, Kings County that the paving contractor had no Read more...

He joins a select group of attorneys who are peer rated for the highest level of professional excellence. Patrick is a trial attorney with over 29 years of experiencing trying catastrophic, high exposure and complex matters in State and Federal Court. He is well practiced in New York State Labor Law and the complex contractual Read more...

The infant plaintiff and her mother claimed that, on June 17, 2015, the infant plaintiff was attending a get together at our clients’ home when she was attacked by Otis, our clients’ Black Labrador Retriever. Otis bit the infant plaintiff’s face causing severe injuries and alleged emotional trauma. Otis was quickly taken to a veterinarian, Read more...

While there is no date set for Civil jury trials to resume in New York, court administrators have been busy promulgating new rules which will substantially affect trial practice. As you will note, many of the new rules are adapted from Federal trial practice. Gone are the days when evidentiary rulings will be made with Read more...

Following six years of contentious litigation, Jeannine Davanzo and Krystina Maola, obtain summary judgment in favor of GVK’s client, a healthcare products manufacturer, in a products liability and negligence lawsuit filed in Kings County, New York. The plaintiff alleged that he sustained injuries after he slipped and fell on water he claimed was emanating from Read more...

Following six years of contentious litigation, Jeannine Davanzo and Krystina Maola, obtain summary judgment in favor of GVK’s client, a healthcare products manufacturer, in a products liability and negligence lawsuit filed in Kings County, New York. The plaintiff alleged that he sustained injuries after he slipped and fell on water he claimed was emanating from Read more...

By: Kenneth S. Merber  The Honorable J. Curtis Joyner, in his decision dated January 8, 2021, in the case of Humans & Resources, LLC, d/b/a Cadence Restaurant vs. Firstline National Insurance Company, 20-CV-2152 (USDC, EDPA) denied the insurer’s motion to dismiss the policy holder’s declaratory judgment complaint which seeks damages for business interruption losses related Read more...

GVK Partner, Joseph “Jay” Rava is excited to be speaking at the NYWBA Civil Courts and Litigation Committees and Jewish Lawyers Guild CLE Program Maximizing Your Note of Issue Review on Friday, January 22, 2021 1:00 pm – 2:10pm via Zoom Other Speakers: Hon. Lisa A. Sokoloff, Acting Supreme Court Justice, NY County Bryce Mosse, Read more...

The matter involves an underlying personal injury action, wherein the plaintiff sued our insurance carrier client’s insured for damages incurred as a result of a slip/trip and fall accident taking place on the insured’s property. When applying for coverage, the insured defendant elected first-party property damage coverage only. However, after being named a defendant in Read more...

The matter involves an underlying personal injury action, wherein the plaintiff sued our insurance carrier client’s insured for damages incurred as a result of a slip/trip and fall accident taking place on the insured’s property. When applying for coverage, the insured defendant elected first-party property damage coverage only. However, after being named a defendant in Read more...

Even in New York sometimes procedural rules matter for both plaintiffs and defendants. Whereas, historically, courts in the State of New York rarely granted defaults and/or refused to dismiss a case on procedural grounds, there is a growing trend by the courts to grant procedural-based applications notwithstanding substantive and equitable considerations. In this matter, Plaintiff Read more...

Even in New York sometimes procedural rules matter for both plaintiffs and defendants. Whereas, historically, courts in the State of New York rarely granted defaults and/or refused to dismiss a case on procedural grounds, there is a growing trend by the courts to grant procedural-based applications notwithstanding substantive and equitable considerations. In this matter, Plaintiff Read more...

The Appellate Division, Second Department unanimously reversed the lower court’s decision which incorrectly denied summary judgment to GVK’s client, a janitorial contractor. Plaintiff, a hotel employee, alleged serious injuries as a result of a slip and fall on grease within a loading dock. GVK argued that the janitorial contractor could not be found to owe Read more...

The Appellate Division, Second Department unanimously reversed the lower court’s decision which incorrectly denied summary judgment to GVK’s client, a janitorial contractor. Plaintiff, a hotel employee, alleged serious injuries as a result of a slip and fall on grease within a loading dock. GVK argued that the janitorial contractor could not be found to owe Read more...

Sara R. David joined the firm in 2015. Her practice focuses on the defense of high exposure and complex litigation matters involving the New York Labor Law, premises liability, transportation and commercial claims. Sara has vast experience handling all aspects of litigation, including trials and appeals in both New York and New Jersey. She is Read more...

GVK is pleased to welcome Joseph J. Rava as a Partner to the firm and as Co-Chair of our New York Labor Law and Construction Practice Group. Joe has over 30 years of experience handling complex construction matters. Before joining GVK, Joe was Co-Chair of a New York Labor Law practice group at a regional Read more...

Bryan T. Schwartz, Esq. and Jeremy M. Weg, Esq. The legal community in the New York Metro area is facing unprecedented times due to the Coronavirus pandemic. Drastic measures were introduced by New York’s Governor Andrew M. Cuomo, including the issuance of multiple Executive Orders tolling statutes of limitations pertaining to civil matters in this Read more...

Since the outbreak of the COVID-19 pandemic, most insurers throughout the country have denied business interruption (BI) claims received from their policy holders based on the economic losses they have suffered as a result of the virus. Many insurers rely on specific language contained in their policies that exclude claims arising from losses due to Read more...

Taranae Hashemi and Stephen Hoffman prevailed on their emergency application on behalf of their client, the condominium Board of Managers, which sought an Order from the Court directing that the plaintiffs-owners provide immediate access to their condominium unit, enjoining the plaintiffs from otherwise placing preconditions on entry and, further, precluding plaintiffs from attending the defendant-Board Read more...

In a unanimous decision, the First Department affirmed the Lower Court’s decision to grant Summary Judgment in favor of GVK’s client, a construction manager. In this matter, the plaintiff, who was the foreman for the third-party defendant roofing subcontractor, alleged serious injuries as a result of a trip-and-fall over short, protruding steel rebar dowels that Read more...

In a unanimous decision, the First Department affirmed the Lower Court’s decision to grant Summary Judgment in favor of GVK’s client, a construction manager. In this matter, the plaintiff, who was the foreman for the third-party defendant roofing subcontractor, alleged serious injuries as a result of a trip-and-fall over short, protruding steel rebar dowels that Read more...

Gallo Vitucci Klar LLP is proud to announce that Taranae J. Hashemi has joined the ClaimsXchange Advisory Board along with Marina Barg Sr. Vice President, Claims at W. R. Berkley Corporation and Devina Joiner, JD Technical Director, E&S Specialty Claims at Nationwide. ClaimsXchange connects innovative and collaborative professionals who share a passion for advancing the Read more...

On May 12, 2020, Kenneth S. Merber and Peter J. LoPalo obtained summary judgment and the complete dismissal of Plaintiff’s product liability claims suit filed in the Superior Court of New Jersey, Essex County. Plaintiff alleged that she sustained serious physical injuries including burns after she was served a hot beverage from a Dunkin’ Donuts Read more...

On May 12, 2020, Kenneth S. Merber and Peter J. LoPalo obtained summary judgment and the complete dismissal of Plaintiff’s product liability claims suit filed in the Superior Court of New Jersey, Essex County. Plaintiff alleged that she sustained serious physical injuries including burns after she was served a hot beverage from a Dunkin’ Donuts Read more...

It is with great sadness that we share that GVK partner Richard E. Weber, Jr. recently passed away.  Richard was a much loved colleague and friend and he will be sorely missed. GVK has created a GoFundMe Memorial Fundraiser to help support his family during this difficult time.  We are grateful for any support you Read more...

On March 26, 2020, Hon. Norman St. George, Administrative Judge for the 10th Judicial District, Nassau County, issued a memorandum detailing plans for establishing Virtual Courthouses throughout the State of New York. This plan is being implemented at the direction of Chief Judge DiFiore. The Courts in NYC are scheduled to commence their Virtual Courthouse Read more...

Gallo Vitucci Klar LLP and Themis Advocates Group law firms across the country authored this legal alert as a guide and overview on issues related to COVID-19. Federal The U.S. Senate on Wednesday, March 18, 2020 passed legislation aimed at providing economic relief from the coronavirus pandemic that also includes extending liability protections for makers Read more...

Consistent with The Governor’s March 20, 2020 Executive Order suspending the Statute of Limitations in New York, The Chief Administrative Judge yesterday issued a separate order advising that Courts are not to accept any papers or e-filings of any kind.  This would include all pleadings, motions, stipulations, notes of issue or any other court filings Read more...

Plaintiff, a 46-year-old union maintenance worker alleges that she was caused to slip and fall on soap in a bathroom for which she was responsible to clean.  As a result of the accident, plaintiff alleged multiple injuries, the most significant of which was a cervical herniation with radiculopathy for which she underwent a fusion procedure. Read more...

Plaintiff, a 46-year-old union maintenance worker alleges that she was caused to slip and fall on soap in a bathroom for which she was responsible to clean.  As a result of the accident, plaintiff alleged multiple injuries, the most significant of which was a cervical herniation with radiculopathy for which she underwent a fusion procedure. Read more...

GVK Partner Matthew Levy obtained summary judgment in Supreme Court, New York County, on behalf of a residential building owner and managing agent before the Preliminary Conference and before any depositions. Plaintiff claimed that she was injured when a falling branch from a tree located on the sidewalk struck her.  Plaintiff sued the abutting building Read more...

GVK Partner Matthew Levy obtained summary judgment in Supreme Court, New York County, on behalf of a residential building owner and managing agent before the Preliminary Conference and before any depositions. Plaintiff claimed that she was injured when a falling branch from a tree located on the sidewalk struck her.  Plaintiff sued the abutting building Read more...

GVK partner Bryan Schwartz and associate Krystina Maola obtained summary judgment pre-deposition in Supreme Court, Bronx County in a trip and fall claim. The plaintiff, an employee of New York Presbyterian Hospital, alleged she tripped and fell over a wheelchair lift attached to an ambulette lowered to the ground in preparation for loading a wheelchair Read more...

GVK partner Bryan Schwartz and associate Krystina Maola obtained summary judgment pre-deposition in Supreme Court, Bronx County in a trip and fall claim. The plaintiff, an employee of New York Presbyterian Hospital, alleged she tripped and fell over a wheelchair lift attached to an ambulette lowered to the ground in preparation for loading a wheelchair Read more...

Richard Gonzalez, a former U.S. Coast Guard Marine Investigating Officer, and head of GVK’s Maritime and Admiralty Practice Group, was recently interviewed by producers for the Discovery Channel for an upcoming episode of their “Disasters At Seas” documentary series. As you may remember, on October 15, 2003, the Staten Island Ferry Andrew J. Barberi, crashed Read more...

Plaintiff claimed that, on June 21, 2013, he was walking along South Street in Manhattan, on the east side of the street (where there was no sidewalk) and approaching Pier 17 at the South Street Seaport, when he was struck by our clients’ double decker bus and “thrown” ten (10) feet in the air. Plaintiff Read more...

Anthony joins GVK as a Partner in our Construction and Design Professional practices, where he represents clients in pre-suit matters and in litigation in New York, New Jersey and Federal Court under Commercial General Liability and Professional Liability Policies, respectively. Anthony also handles GVK’s Risk Management programs for commercial insurance carriers as well as construction Read more...

Sherri A. Jayson recently won an appeal in the Appellate Division, Second Department in a case venued in Kings County, resulting in dismissal of this lawsuit. The plaintiff was struck by the defendant’s vehicle while crossing the street. As a result of the accident, the plaintiff claimed that she sustained a tear and impingement to Read more...

Sherri A. Jayson recently won an appeal in the Appellate Division, Second Department in a case venued in Kings County, resulting in dismissal of this lawsuit. The plaintiff was struck by the defendant’s vehicle while crossing the street. As a result of the accident, the plaintiff claimed that she sustained a tear and impingement to Read more...

Kenneth S. Merber obtained a complete victory after a week long trial of indemnification/loss transfer claims in the Superior Court of New Jersey, Mercer County (Trenton, NJ). Mr. Merber represented a real estate developer in a lawsuit involving a catastrophic loss after a construction worker fell from an unguarded balcony and suffered quadriplegia. Mr. Merber Read more...

Kenneth S. Merber obtained a complete victory after a week long trial of indemnification/loss transfer claims in the Superior Court of New Jersey, Mercer County (Trenton, NJ). Mr. Merber represented a real estate developer in a lawsuit involving a catastrophic loss after a construction worker fell from an unguarded balcony and suffered quadriplegia. Mr. Merber Read more...

Kim H. Townsend recently obtained a defense verdict in a Brooklyn premises liability case in which plaintiff fell into an uncovered, 4-foot-deep access pit and thereby sustained knee and neck injuries requiring cervical fusion and likely knee replacement surgery. We represented a concrete and excavation company who performed snow removal services in winter months and, on Read more...

Kim H. Townsend recently obtained a defense verdict in a Brooklyn premises liability case in which plaintiff fell into an uncovered, 4-foot-deep access pit and thereby sustained knee and neck injuries requiring cervical fusion and likely knee replacement surgery. We represented a concrete and excavation company who performed snow removal services in winter months and, Read more...

Matthew J. Vitucci recently obtained a directed verdict after a damages only trial in Kings County. The case involved an impact between our client’s left-turning tractor trailer and the vehicle in which plaintiff was a passenger. The plaintiff and operator of the car was on their way to a nightclub in Manhattan with a friend Read more...

Matthew J. Vitucci recently obtained a directed verdict after a damages only trial in Kings County. The case involved an impact between our client’s left-turning tractor trailer and the vehicle in which plaintiff was a passenger. The plaintiff and operator of the car was on their way to a nightclub in Manhattan with a friend Read more...

On October 29, 2019, Kenneth S. Merber and Peter J. LoPalo obtained summary judgment in favor of GVK’s client in a lawsuit filed in Hudson County Superior Court.  Plaintiff alleged that he sustained significant life altering injuries to his feet while working on a construction project in Jersey City, New Jersey. Our client was the general Read more...

On October 29, 2019, Kenneth S. Merber and Peter J. LoPalo obtained summary judgment in favor of GVK’s client in a lawsuit filed in Hudson County Superior Court.  Plaintiff alleged that he sustained significant life altering injuries to his feet while working on a construction project in Jersey City, New Jersey. Our client was the general Read more...

Kim H. Townsend recently obtained a Defense Verdict in a slip and fall on icy steps in Kings County. Plaintiff alleged she slipped and fell on the exterior steps of our client, the owner of the two-family home, due to an accumulation of ice and snow thereby sustaining a bimalleolar ankle fracture with complications, requiring Read more...

Christopher L. Parisi recently obtained summary judgement in a New York Labor Law case in Kings County. GVK’s client allegedly served as the general contractor for a residential construction project in Brooklyn.  Plaintiff testified that after installing a stacked washer-dryer unit and rolling it into a cabinet, he realized he mistakenly left the power cord Read more...

Christopher L. Parisi recently obtained summary judgement in a New York Labor Law case in Kings County. GVK’s client allegedly served as the general contractor for a residential construction project in Brooklyn.  Plaintiff testified that after installing a stacked washer-dryer unit and rolling it into a cabinet, he realized he mistakenly left the power cord Read more...

Kim Townsend recently obtained a defense verdict in a construction site motor vehicle accident case, in New York State Supreme Court, Suffolk County. It was plaintiff’s contention that while driving through a traffic “chute” on our client’s construction site, a 60,000 ton crane slammed into his truck, causing violent vehicle movement and significant damage; all Read more...

Kim Townsend recently obtained a defense verdict in a construction site motor vehicle accident case, in New York State Supreme Court, Suffolk County. It was plaintiff’s contention that while driving through a traffic “chute” on our client’s construction site, a 60,000 ton crane slammed into his truck, causing violent vehicle movement and significant damage; all Read more...

Andrew C. Kaye joined Gallo Vitucci Klar in the spring of 2014 focusing on the defense of high exposure cases. Handling mostly labor matters, Andrew’s ability to evaluate and manage all aspects of litigation, including risk transfer, coverage and general liability has proven an invaluable asset to GVK and its clients. He is regularly called Read more...

John Blumenstock recently obtained a defense verdict in a pedestrian knockdown case in NY Supreme Court, Rockland County. On the night of October 15, 2013, a then 67-year-old woman with considerable emotional issues, was struck and dragged 20-30 feet along the roadway by our client’s bus as she was crossing the entrance to the New York Read more...

John Blumenstock recently obtained a defense verdict in a pedestrian knockdown case in NY Supreme Court, Rockland County. On the night of October 15, 2013, a then 67-year-old woman with considerable emotional issues, was struck and dragged 20-30 feet along the roadway by our client’s bus as she was crossing the entrance to the New York Read more...

Gallo Vitucci Klar is pleased to announce that we have moved our New Jersey office to 3 University Plaza Drive, Suite 402 in Hackensack, NJ. The new office more than doubles our NJ office space, allowing us to better serve our clients’ needs. Our firm, has 70 attorneys in Manhattan, Westchester, Long Island and New Read more...

Gallo Vitucci Klar LLP is proud to announce that 14 of our Partners and Associates have been named to the Super Lawyers and Rising Stars list for the year 2019. These GVK recipients have been recognized as the top attorneys in the New York Metro area for 2019. No more than 2.5 percent of lawyers Read more...

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Matt Vitucci recently obtained a defense verdict in Mercer County, New Jersey on behalf of our client-limousine company-whose vehicle rear ended plaintiff’s car at a speed in excess of 30 miles per hour. As a result of the accident, plaintiff claimed he was caused to suffer an exacerbation of pre-existing lumbar and cervical disc disease, as Read more...

Matt Vitucci recently obtained a defense verdict in Mercer County, New Jersey on behalf of our client-limousine company-whose vehicle rear ended plaintiff’s car at a speed in excess of 30 miles per hour. As a result of the accident, plaintiff claimed he was caused to suffer an exacerbation of pre-existing lumbar and cervical disc disease, as Read more...

Gallo Vitucci Klar LLP is proud to introduce our new attorneys, Daniel J. Garry, James F. Desmond, Dawn Miller, Christopher L. Parisi, Jeff R. Thomas, Kim H. Townsend, Marissa Dunderdale, Kiel M. Doran, Stephanie M. Gallo, Thomas J. Keevins, and Gina M. Wischhusen! Daniel J. Garry concentrates his practice on personal injury and construction defect Read more...

On January 24, 2019, the Appellate Division First Department dealt a blow to plaintiffs’ attempts to hide their activities on social media.  In the case of Vasquez-Santos v Matthew, 2019 N.Y. App. Div. LEXIS 527, the Court held that, “[p]rivate social media information can be discoverable to the extent it ‘contradicts or conflicts with [a] Read more...

Plaintiff alleged that while in the course of his employment on a construction site in New York County he was struck in the head and face with rebar, causing him to fall and sustain numerous physical injuries. We represented the owner and general contractor on the project. In plaintiff’s hospital chart he is credited as Read more...

Plaintiff alleged that while in the course of his employment on a construction site in New York County he was struck in the head and face with rebar, causing him to fall and sustain numerous physical injuries. We represented the owner and general contractor on the project. In plaintiff’s hospital chart he is credited as Read more...

On January 11, 2019, Kenneth S. Merber obtained a favorable verdict in favor of the firm’s client.   The case was transferred by the client to Ken from another firm for trial purposes.  Ken’s represented a commercial bus company and its driver that struck Plaintiff’s car. As a result of the accident, Plaintiff sustained fractures of Read more...

On January 11, 2019, Kenneth S. Merber obtained a favorable verdict in favor of the firm’s client.   The case was transferred by the client to Ken from another firm for trial purposes.  Ken’s represented a commercial bus company and its driver that struck Plaintiff’s car. As a result of the accident, Plaintiff sustained fractures of his Read more...

Last week, Matthew J. Vitucci obtained the dismissal of a motor vehicle case in the Bronx. The facts were simple, our client’s tractor trailer rear ended the plaintiff’s work van in which he was a passenger. Mr. Vitucci conceded liability to defend various causation issues connected with plaintiff’s cervical fusion and shoulder surgery. After the Read more...

GVK’s client was a supermarket that leased space in a strip mall. Plaintiff, a patron who had just left the supermarket, was injured when she tripped and fell in a hole in the parking lot. Plaintiff sued the supermarket, the property owner and the parking lot maintenance company. The property owner asserted cross-claims for contractual Read more...

Last week, Matthew J. Vitucci obtained the dismissal of a motor vehicle case in the Bronx. The facts were simple, our client’s tractor trailer rear ended the plaintiff’s work van in which he was a passenger. Mr. Vitucci conceded liability to defend various causation issues connected with plaintiff’s cervical fusion and shoulder surgery. After the Read more...

GVK’s client was a supermarket that leased space in a strip mall. Plaintiff, a patron who had just left the supermarket, was injured when she tripped and fell in a hole in the parking lot. Plaintiff sued the supermarket, the property owner and the parking lot maintenance company. The property owner asserted cross-claims for contractual Read more...

Gallo Vitucci Klar LLP is proud to announce that 10 of our Partners and Associates have been named to the Super Lawyers and Rising Stars list for the year 2018. These GVK recipients have been recognized as the top attorneys in the New York Metro area for 2018. No more than 2.5 percent of lawyers Read more...

Following a three-day bifurcated trial before The Honorable Larry Martin in the Supreme Court, Kings County, James Deegan obtained a defense verdict for our clients, in the matter of Guez v. Frishberg. At trial, the issue was whether the defendants were negligent in allowing or creating a recurring ice condition caused by improperly maintained awnings and gutters; Read more...

Following a three-day bifurcated trial before The Honorable Larry Martin in the Supreme Court, Kings County, James Deegan obtained a defense verdict for our clients, in the matter of Guez v. Frishberg. At trial, the issue was whether the defendants were negligent in allowing or creating a recurring ice condition caused by improperly maintained awnings and gutters; Read more...

On June 29, 2018, Chad Sjoquist obtained a unanimous defense verdict on behalf of a Turkish restaurant and its employee in a lawsuit involving a collision of two bicycle riders in Manhattan. The case was tried before Justice Andrew Borrok in the Supreme Court, New York County. The plaintiff was riding his bicycle home from Read more...

On June 29, 2018, Chad Sjoquist obtained a unanimous defense verdict on behalf of a Turkish restaurant and its employee in a lawsuit involving a collision of two bicycle riders in Manhattan. The case was tried before Justice Andrew Borrok in the Supreme Court, New York County. The plaintiff was riding his bicycle home from Read more...

In a matter tried before Judge Christine Farrington in the New Jersey Superior Court, Bergen County, over the course of two weeks, Matthew J. Vitucci obtained a defense verdict on behalf of a tractor trailer company and its driver, in a highly emotional wrongful death suit filed on behalf of a 13 year old bicyclist.  Read more...

In a matter tried before Judge Christine Farrington in the New Jersey Superior Court, Bergen County, over the course of two weeks, Matthew J. Vitucci obtained a defense verdict on behalf of a tractor trailer company and its driver, in a highly emotional wrongful death suit filed on behalf of a 13 year old bicyclist.  Read more...

  Randee Arem concentrates her practice on the defense of commercial and residential properties against premises liability claims, as well as negligent security actions.  Over the course of her time in practice, she has represented professional sports teams and venues, amusement parks, recreational facilities, leagues and organizations, national restaurant chains and retail stores. As an Read more...

  In a matter pending in Supreme Court, Bronx County, Andrew C. Kaye obtained summary judgment on behalf of a commercial trash removal company and its driver in a motor vehicle accident case where plaintiff was alleging a traumatic brain injury. Plaintiff alleged that on May 1, 2007 he was an un-seatbelted back seat passenger Read more...

In a matter pending in Supreme Court, Bronx County, Andrew C. Kaye obtained summary judgment on behalf of a commercial trash removal company and its driver in a motor vehicle accident case where plaintiff was alleging a traumatic brain injury. Plaintiff alleged that on May 1, 2007 he was an un-seatbelted back seat passenger in Read more...

James Deegan obtained a defense verdict in a work-related construction accident incident involving a trip/slip and fall case in Supreme New York. Plaintiff claimed to slip and fall over carpet tiles strewn across a pathway allegedly left by our client, the carpet tile installer, at a USB Bank under renovation resulting in reconstructive shoulder surgery Read more...

In a decision that may have a significant impact in certain types of personal injury cases, New York’s highest court held in Rodriguez v. City of New York on April 3, 2018, that a plaintiff in a personal injury lawsuit may obtain summary judgment on liability against a defendant even where there is an unresolved Read more...

James Deegan obtained a defense verdict in a work-related construction accident incident involving a trip/slip and fall case in Supreme New York. Plaintiff claimed to slip and fall over carpet tiles strewn across a pathway allegedly left by our client, the carpet tile installer, at a USB Bank under renovation resulting in reconstructive shoulder surgery Read more...

Kenneth S. Merber, Esq. successfully defended his restaurant client in a slip/trip and fall case in the Supreme Court of the State of New York, New York County. The claimant, a celebrity and famous collector of rare Asian art, fell while exiting the restaurant sustaining open complex comminuted and avulsion fractures requiring an open reduction Read more...

It’s Raining Cats and Dogs (and Miniature Horses) Accommodate service animals—it’s the law By Lisa Unger , Ken Merber This article is part of CLM’s publication Professional Times magazine, a production of CLM’s Management & Professional Liability Community. Click to view previous digital editions of Professional Times. According to a Census Bureau Report from 2010, almost one in five people in the United States Read more...

Kenneth S. Merber, Esq. successfully defended his restaurant client in a slip/trip and fall case in the Supreme Court of the State of New York, New York County. The claimant, a celebrity and famous collector of rare Asian art, fell while exiting the restaurant sustaining open complex comminuted and avulsion fractures requiring an open reduction Read more...

In a matter pending in Supreme Court, New York county, Andrew C. Kaye obtained summary judgment on behalf of a snow removal company in a slip and fall case. Plaintiff alleged that on December 28, 2011, he was coming out of a bank when he slipped and fell in an area of the sidewalk that Read more...

In a matter pending in Supreme Court, New York county, Andrew C. Kaye obtained summary judgment on behalf of a snow removal company in a slip and fall case. Plaintiff alleged that on December 28, 2011, he was coming out of a bank when he slipped and fell in an area of the sidewalk that Read more...

On February 13, 2017, GVK Partner Matthew Levy obtained summary judgment dismissing Plaintiff’s Complaint, in its entirety, in a premises liability case pending before Justice Barbara Jaffe in the Supreme Court, New York County.  We represented the owner and management company of the building. The Plaintiff, a 63 year old man, claimed that on August Read more...

On February 13, 2017, GVK Partner Matthew Levy obtained summary judgment dismissing Plaintiff’s Complaint, in its entirety, in a premises liability case pending before Justice Barbara Jaffe in the Supreme Court, New York County.  We represented the owner and management company of the building. The Plaintiff, a 63 year old man, claimed that on August Read more...

Yesterday, in Forman v. Henkin, 2018 N.Y. Slip. Op. 01015 (Feb 13, 2018), the Court of Appeals, New York’s highest Court, issued a major decision overruling prior Appellate Division caselaw that required “defendants must establish a factual predicate for their request by identifying relevant information in plaintiff’s Facebook account — that is, information that contradicts Read more...

Mr. Deegan has been with the firm since 2012. He is one of our senior trial attorneys with his practice concentrating on defending lawsuits involving traumatic brain injuries and catastrophic injuries. Mr. Deegan has thus brought a wealth of experience to our Trial team. He has successfully defended personal injury claims stemming from incidents on Read more...

In Esen v. Narian, Partner Matthew Vitucci and Appellate Counsel Kimberly Ricciardi successfully appealed the denial of a motion for summary judgment on behalf of Trans Express, a company providing shuttle bus service to and from Resorts World Casino. The plaintiff sustained significant injuries when he was struck by a car as he attempted to Read more...

In Esen v. Narian, Partner Matthew Vitucci and Appellate Counsel Kimberly Ricciardi successfully appealed the denial of a motion for summary judgment on behalf of Trans Express, a company providing shuttle bus service to and from Resorts World Casino. The plaintiff sustained significant injuries when he was struck by a car as he attempted to Read more...

Gallo Vitucci Klar LLP is proud to announce that 11 of our Partners and Associates have been named to the Super Lawyers and Rising Stars list for the year 2017. These GVK recipients have been recognized as the top attorneys in the New York Metro area for 2017. No more than 2.5 percent of lawyers Read more...

Gallo Vitucci Klar LLP is continuing its growth and expansion looking for 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 transportation Read more...

Continuing GVK’s record of superior results for our clients, New York partner Alana J. Szemer recently won a motion for summary judgment on the issue of trivial defect, a defense notoriously difficult to prove. The plaintiff alleged she tripped and fell on a misleveled section of pavement near gas pumps at a gas station. Utilizing Read more...

In keeping align with GVK’s ethos of effective and efficient litigation handling, New Jersey Partner Yolanda Ayala, was successful in getting a dog bite case with allegations of serious injuries to Plantiff’s leg dismissed by Judge Mega in Union County, NJ Superior Court, without the typical litigation costs associated with lengthy discovery and within 90 Read more...

In keeping align with GVK’s ethos of effective and efficient litigation handling, New Jersey Partner Yolanda Ayala, was successful in getting a dog bite case with allegations of serious injuries to Plantiff’s leg dismissed by Judge Mega in Union County, NJ Superior Court, without the typical litigation costs associated with lengthy discovery and within 90 Read more...

In a matter tried before Judge Rouse in Supreme Court, Suffolk County on July 25th, 2017, Matthew J. Vitucci obtained a defense verdict on behalf of a bus corporation in a trip and fall case. On October 11, 2005, the plaintiff, a bus driver for third party defendant tripped and fell over a raised “ball” Read more...

In a matter tried before Judge Rouse in Supreme Court, Suffolk County on July 25th, 2017, Matthew J. Vitucci obtained a defense verdict on behalf of a bus corporation in a trip and fall case. On October 11, 2005, the plaintiff, a bus driver for third party defendant tripped and fell over a raised “ball” Read more...

Attending CLM’s Professional Liability Conference in Boston July 26-28th? Be sure to connect with GVK Partner, Kenneth S. Merber, who is presenting on ‘How Technology has impacted the Duty to Defend and Duty to Indemnify in EPL Claims’ Friday morning. Ken can be contacted at kmerber@gvlaw.com  For more information about CLM’s Professional Liability Conference visit Read more...

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...

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 LLP is continuing its growth and expansion looking for 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 transportation Read more...

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...

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...

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...

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 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...

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...

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...

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...

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...

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...

  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...

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...

On November 2, 2016 Mary L. Maloney obtained a unanimous defense verdict in Supreme Court, Rockland County, before Justice Linda Christopher The jury of 3 men and 3 women were out deliberating for over 3 hours and returned a unanimous no cause verdict in this automobile trial in favor of our client, a large commuter Read more...

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...

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...

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’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...

Mr. Vitucci obtained a unanimous verdict for the defendant in a case involving a pedestrian knockdown. The plaintiff claimed to have been struck by the defendant’s limousine. The matter was tried before Judge Thomas Aliotta of the Supreme Court, Richmond County. The plaintiff, a doorman for the W Hotel on West 47th Street, claimed that Read more...

Richard J. Gallo obtained a unanimous defense verdict in the United States District Court for the District of New Jersey (Newark). The matter, tried before Judge Joseph Greenaway, concerned subrogation claims brought by two insurance carriers that paid over $1.5 million for property damage sustained by a plastic bag manufacturer and its landlord. The plaintiffs Read more...

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 Read more...

In a matter tried before Justice Mark Partnow in Supreme Court, Kings County, Mary L. Maloney obtained a unanimous defense verdict on behalf of the abutting landowner where plaintiff claimed that she was stepping from a City bus and fell on a mound of snow still on the sidewalk several days after the last snowfall. Read more...

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...

In a matter tried before Judge Patricia Williams of the Supreme Court, Bronx County, Mr. Vitucci successfully defended a truck rental company against claims brought by a livery cab driver who claimed to have sustained bilateral injuries to his knees requiring surgery, a cervical spinal injury that would require surgery, and a ruptured disc in Read more...

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...

Kenneth S. Merber obtained a defense verdict on behalf of Verizon New Jersey, Inc. Shortly before the jury issued its verdict dismissing the claims against Verizon, the court granted a directed verdict in favor of Mr. Merber’s other client, J. Fletcher Creamer & Sons. Mr. Merber successfully defended the claims in which the infant claimant, Read more...

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 on 138th Street when plaintiff attempted a left turn Read more...

In a 3 day Trial, Richard J. Gallo obtained a favorable verdict limiting the plaintiff’s damages in an alleged assault and battery in a parking lot by defendants’ security personnel.  While the jury came back that the defendant security guards’ actions did constitute a battery, all of plaintiff’s damages were disputed by the defense.  Ultimately, Read more...

In a matter tried before Justice Alexander Hunter in Supreme Court, Bronx County, Mary L. Maloney obtained a defense verdict on behalf of the owner and managing company of an apartment building in the Bronx. The plaintiff claimed that her bedroom ceiling collapsed on her head and alleged that the defendants were negligent in allowing Read more...

The Daily News covered this verdict here. Read more...

Mr. Deegan obtained a directed verdict after a seven week trial in a case involving an iron worker who was injured on a scaffold when an angle ironbeing lifted into place broke from a welded lifting shim causing the angle iron to swing free and strike the scaffold plaintiff was on, causing him to fall Read more...

Following a five-day retrial, Matthew J. Vittucci once again obtained a favorable verdict for our client, Megabus, in the matter of Ebrahem v. Coach Leasing, Inc. This matter was originally tried in the U.S. District Court for the Southern District of New York before Judge Shira A. Scheindlin resulting in a verdict of only $11,700 with Read more...

In a matter tried before Justice Valerie Brathwaite-Nelson of the Supreme Court, Queens County, Ms. Maloney obtained a defense verdict on behalf of the owner and driver of an automobile involved in a two-car collision that occurred within the intersection at 81st Avenue and Little Neck Parkway in Queens. The intersection had a traffic control signal Read more...

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 Read more...

In a trial involving a collision between a truck owned by the defendants and a truck driven by the plaintiff, Matthew J. Vitucci obtained a unanimous defendant’s verdict on the issue of damages. Liability in the matter had been previously been decided by the court. Plaintiff claimed a variety of injuries to his head, causing Read more...

In a matter tried before Justice Geoffrey D.S. Wright in Supreme Court, Bronx County, Mary L. Maloney obtained a unanimous defense verdict on behalf of the MTA after the court had granted summary judgment to plaintiff whose vehicle was rear-ended by a paratransit van. Plaintiff claimed to have sustained bilateral cubital tunnel syndrome, right C7 Read more...

Yolanda L. Ayala obtained a directed verdict for the defense in a wrongful death/survival action tried before District Judge Thomas P. Griesa of the Southern District of New York. The plaintiff’s decedent fell 20 feet from an elevated train platform located in Bridgeport, Conn., and subsequently succumbed to her severe head injuries. Video evidence demonstrated Read more...

Mr. Vitucci obtained a unanimous verdict for the defense in a bus/automobile collision case tried before Judge John Galasso of the Supreme Court, Nassau County. The matter involved a collision that occurred at the intersection of Francis Lewis Boulevard and 99th Avenue. Plaintiff claimed to have sustained a traumatic activation of symptoms from a previously Read more...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 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...

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...

Howard L. Cogan recently obtained an unanimous defendant’s verdict in the Supreme Court of the State of New York, County of New York, before Justice Shirley Werner Kornreich. The plaintiff, a New York wholesaler of diamonds and jewelry, claimed it sent on consignment to our client, an Arizona retailer of high-end jewelry, a pair of Read more...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...