Recent News - General Liability


Robertelli Obtains Summary Judgment
November 1, 2017 | General Liability
In a series of consolidated matters involving multiple parties and coverage issues with regard to a multi-vehicle collision, John Robertelli secured summary judgment on behalf of the State Farm Insured. The motion was granted by The Honorable Randal C. Chiocca J.S.C. in Passaic County, New Jersey. Alex Pappas assisted by taking the deposition of the …
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Biscone and Giliberti Victorious in Labor Law Case
October 26, 2017 | Frank J. Giliberti | Merril Biscone | General Liability
Frank Giliberti and Merril Biscone were successful in convincing a Court to keep a general contractor in a Labor Law case on behalf of the owner of the building in an exclusive area of Manhattan.  The Court agreed that there were issues of fact as to the general contractor’s role in the construction project on …
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Bushwack a Two-Time Honoree at LIBN’s 50 Most Influential Women Event
October 20, 2017
Jacqueline (Mecchella) Bushwack has for the second time been named among Long Island’s 50 Most Influential Women by the Long Island Business News at a dinner held on October 19, 2017, at the Crest Hollow Country Club.  Jacqueline is a partner in the Complex Torts & Product Liability, General Liability and Medical Malpractice Defense practice …
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Bushwack Moderates Women’s Initiative Panel
October 12, 2017
On October 11, Rivkin Radler’s Women’s Initiative hosted a networking event to celebrate “Her Story: Lessons in Success from Lawyers Who Live It,” a book co-edited by Jacqueline Bushwack and published by the American Bar Association. The event, which was attended by several of the Firm’s female clients, was a cocktail hour followed by a lively …
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Bodoff, Grover and Versichelli Win Motion to Dismiss Four Causes of Action Against Automobile Insurer in an Underinsured Motorist Lawsuit
September 29, 2017 | General Liability
Stuart Bodoff, Keith S. Grover and Michael Versichelli won a motion to dismiss four causes of action against GEICO in an underinsured motorist claim.  After the injured motorist settled his claim against the tortfeasor, he commenced a lawsuit against GEICO to recover underinsured motorist benefits, but also alleged that GEICO acted in bad faith for …
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Robertelli Secures a Dismissal With Prejudice for a South Jersey Home Renovation Contractor
September 25, 2017 | John J. Robertelli | General Liability
In a case involving a claim for property damage allegedly caused by the work of a contractor/developer that was in the process of renovating an adjacent condominium unit, John Robertelli secured a dismissal with prejudice of Plaintiff’s Complaint after a settlement reached was disputed by Plaintiff. Plaintiff filed a motion to enforce the settlement claiming …
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Robertelli and Pappas Secure Dismissal with Prejudice
August 29, 2017 | General Liability
While participating in a hockey tournament in Gloucester County, New Jersey, Plaintiff sustained significant facial injuries when he struck a rink door. John Robertelli and Alex Pappas secured a dismissal of all claims against the Gloucester Township Men’s Hockey League (GTMHL), which was alleged to have sanctioned the tournament. After filing a motion for summary …
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Robertelli Secures a Pre-Answer Dismissal for Insurer
August 21, 2017 | John J. Robertelli | General Liability
In a case involving serious injuries, John Robertelli obtained a pre-answer dismissal of all claims for Under Insured Motorist (UIM) benefits brought by Plaintiff against The State Farm Insurance Company in a lawsuit recently filed in Bergen County, New Jersey.  After a series of discussions, Plaintiff’s counsel accepted State Farm’s legal position and agreed to …
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Ade and Pappas Win Motion for Summary Judgment
August 4, 2017 | General Liability
Brian Ade and Alexander Pappas won motion for summary judgment dismissing Plaintiff’s complaint with prejudice against their client, a water utility. Plaintiff alleged that the client negligently excavated a trench in a road which created a depression in the cross walk which caused the plaintiff to trip and fall when she walked through the cross walk. The judge agreed with our …
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Bendix Obtains Dismissal in Motor Vehicle Accident Suit
July 7, 2017 | General Liability
Bruce Bendix obtained summary judgment dismissing a complaint against our clients in an action arising from a motor vehicle accident. In the complaint, plaintiff alleged that she sustained serious injuries as defined by Insurance Law Section 5102(d). Bruce contended that plaintiff did not sustain a “serious injury” since she had a pre-existing neck condition and her objective …
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Bushwack Gets 2nd Term on NSC&FGC Board
June 26, 2017 | Medical Malpractice Defense | General Liability | Complex Torts & Product Liability
On June 13, 2017,  Jacqueline Bushwack was sworn in for a second term as a member of the Board of Directors for the North Shore Child and Family Guidance Center (NSC&FGC). Incorporated in 1953, NSC&FGC is the leading not-for-profit children’s mental health agency on Long Island dedicated to restoring and strengthening the emotional well-being of …
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Bushwack Presents at USLAW Conference
June 21, 2017 | Medical Malpractice Defense | General Liability | Complex Torts & Product Liability
On June 3, Jacqueline Bushwack presented a program entitled “Incorporating Demonstrative Evidence into Your Case” at the USLAW Women’s Connection Conference in Lake Tahoe. The USLAW Women’s Connection serves member firms’ women clients who hail from a cross-section of industries and seek a networking environment that includes prominent attorneys, businesswomen and leaders from around the …
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Grover Victorious On Behalf of Chelsea Piers
June 16, 2017 | General Liability
Keith S. Grover obtained dismissal of a personal injury lawsuit on behalf of our client, Chelsea Piers, on June 13, 2017.  The plaintiff claimed that she was attending a catering party at Chelsea Piers when she tripped and fell on a single step, resulting in significant injuries and requiring surgery. In opposing our motion for …
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DeHaven Obtains Dismissal on Behalf of U.S. Industries
June 9, 2017 | General Liability
George DeHaven obtained dismissal on behalf of client, U.S. Industries.  Plaintiff is a long-haul truck driver booked through a trucking broker to pick up rolls of rubber roofing material from our client in Michigan, and deliver them to the codefendant’s warehouse in Brooklyn.  He was injured when he attempted to assist the unloading process and …
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DeHaven Obtains Voluntary Dismissal
June 5, 2017 | General Liability
Last month, George DeHaven received a voluntary dismissal of a third-party action in a labor law case. The action was brought by a union window washer who fell from a ladder in a building owned by Trinity Real Estate. The third-party action, asserted against the installer of the windows the plaintiff was cleaning, claimed that …
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Bushwack, Schlosser and Romeo Obtain Partial Summary Judgment
April 25, 2017 | Construction | General Liability
Jacqueline Bushwack, Brian Schlosser and Jason Romeo obtained partial summary judgment dismissing plaintiff’s claims pursuant to Labor Law 240(1) and 241(6) in an action involving a construction worker bending rebar on a large construction site in Manhattan. While plaintiff articulated a laundry list of Industrial Code violations, the Rivkin team was successful in developing evidence, by …
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Bushwack, Richman and LiPetri Obtain Stipulation of Discontinuance with Prejudice
April 19, 2017 | General Liability | Complex Torts & Product Liability | Medical Malpractice Defense
Bushwack, Richman and LiPetri obtained a Stipulation of Discontinuance with Prejudice in a dental malpractice case involving claims brought against the Division Director at a University Dental Clinic.  Plaintiffs’ counsel claimed that the dental residents, who were under the supervision of the Program Director, committed dental practice in their management and treatment of the plaintiff.  …
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Bushwack and Schlosser Secure Summary Judgment
March 27, 2017 | General Liability
On March 24, 2017, Jacqueline Bushwack and Brian S. Schlosser obtained Summary Judgment on behalf of Novartis Pharmaceuticals Corporation in a premises liability case venued in Kings County.  Plaintiff was an employee of an outside security contractor and allegedly slipped and fell on water while performing his duties patrolling Novartis’ manufacturing plant. Following a lengthy …
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Peress Obtains Summary Judgment In Ringold v. East Plaza Housing, et al.
March 6, 2017 | General Liability
Janine L. Peress’ motion for summary judgment, in the case of Ringold v. East Midtown Plaza Housing, et al, was granted in favor of our client, Rockledge Scaffold Corp.  The case involved a trip and fall accident over a low lying chain located near a sidewalk bridge erected by the client.  The plaintiff claimed that …
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Merkrebs Obtains Summary Judgment Dismissing Complaint on behalf of Client
February 14, 2017 | General Liability
Howard Merkrebs obtained summary judgment dismissing the complaint against clients, the Webers, in an action stemming from an automobile accident.    The plaintiffs’ commercial vehicle and premises were damaged by a vehicle stolen from the Webers’ driveway.  The key to the Webers’ vehicle was left in another vehicle also located in their driveway.  Plaintiffs retained an “automobile …
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Bendix Obtains Complete Dismissal in Construction Accident Lawsuit
February 3, 2017 | General Liability | Construction
Bruce Bendix obtained summary judgment dismissing the complaint against our client, S.A. Gavish, Inc., in an action where plaintiff alleged that Gavish was a general contractor pursuant to Labor Law Section 240(1) and therefore should be held strictly liable to the plaintiff.  Gavish was the owner’s representative for construction work that was being performed.  The …
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Ade & Pappas Secure Summary Judgement
February 3, 2017 | General Liability
Brian Ade and Alexander Pappas won a Motion for Summary Judgement before Judge Farrington in Bergen County, on behalf of SUEZ Water New Jersey Inc., dismissing Plaintiff’s complaint with prejudice. To read the full decision, Click Here. …
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Kaiser and Lampert Obtain Complete Dismissal of All Charges
January 31, 2017 | General Liability
Jeff Kaiser and Matt Lampert recently obtained a complete dismissal of all charges pending against a national restaurant chain located in Rockville Centre. On October 26, 2016, the Rockville Centre police department charged the restaurant with a violation of New York’s general business law for failure to possess a security guard contract and a violation …
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Robertelli and Doran Secure Summary Judgment on behalf of National Commercial Property Developer/Owner
January 31, 2017 | General Liability
John Robertelli and Patricia Doran were victorious in obtaining summary judgment on behalf of our client, The Benderson Development Corporation in a personal injury action where Plaintiff was seeking significant monetary damages arising from injuries requiring multiple surgeries and a claim of permanent disability. At issue was the legal interpretation of a series of complex commercial …
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Rivkin Radler Welcomes New Associate, Michael LiPetri
January 10, 2017 | Medical Malpractice Defense | Insurance Coverage | General Liability
Michael LiPetri is an Associate in Rivkin Radler’s General Liability, Insurance Coverage and Medical Malpractice Defense Practice Groups, where he represents landowners, landlords, and management companies in cases involving premises liability, construction accidents, and asbestos exposure, as well as, insurers in intricate coverage issues emerging out of homeowner and commercial insurance policies. Prior to joining Rivkin …
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Rivkin Radler Elects 6 New Partners
January 1, 2017 | Intellectual Property | Insurance Fraud | Insurance Coverage | General Liability | Directors & Officers Liability | Compliance Investigations & White Collar | Professional Liability | Privacy, Data & Cyber Law
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Avigael Fyman, Ryan Goldberg, Matthew Lampert, Robert Maloney, Sean McAloon and Frank Misiti have been elected Partners. “These attorneys are exceptionally talented, and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active …
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DeHaven Victorious in Dismissal of Personal Injury Lawsuit
December 2, 2016 | General Liability
George DeHaven won dismissal of a personal injury lawsuit pursuant to the attached Order dated November 22, 2016.  This lawsuit arose from a “trip and fall” type accident which occurred on the public sidewalk adjacent to St. Mary’s Church at Second Avenue and 15th Street in Manhattan. When George deposed the plaintiff, he showed her …
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Strober Secures Defense Verdict
November 18, 2016 | Medical Malpractice Defense | General Liability | Complex Torts & Product Liability
Eric Strober won a two-week trial in Queens County Supreme court in which he represented the sole owner of trucking company Legend Wheels in a motor vehicle case alleging serious injuries to the plaintiff’s knee and back.  After conceding liability, the defense contested the causation and severity of the injuries. After deliberating for two hours, …
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DeHaven Granted Summary Judgment in Favor of New York State Public High School Association and BOCES Section 8
November 10, 2016 | General Liability
George DeHaven’s motion for summary judgment, in the case of Radtke v Long Island University et al, was granted in favor of our clients, New York State Public High Schools Athletic Association and BOCES Section 8. The case involved a fall on the bleachers at the Pratt Gymnasium at LIU-Post during a girls’ high school …
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Rivkin Radler Welcomes 4 New Associates
October 26, 2016 | General Liability | Employment & Labor
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Brian L. Feld, Daniel E. Furshpan, Janine Peress and Johanna Sanchez have joined the firm as Associates. Brian L. Feld is a member of the firm’s General Liability Practice Group. He represents clients in construction/labor law, premises liability, property damage, personal injury, and …
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Bendix and Finn Win Dismissal of Personal Injury Lawsuit
October 18, 2016 | General Liability
Pursuant to an Order dated October 6, 2016, our clients, the owner and managing agent of a housing complex, were granted summary judgment dismissing plaintiff’s complaint in this matter.  Plaintiff claimed that she was injured when a window in her apartment fell out of its track and struck her in the face.  She claimed that …
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Bendix Wins Summary Judgment
October 7, 2016 | General Liability
On September 30, 2016, our client, Aaron’s, Inc. was granted summary judgment dismissing plaintiff’s complaint in this matter.  Plaintiff claimed that when she exited a bus she tripped on a broken curb adjacent to the sidewalk in front of the parking lot of a building that was occupied by Aaron’s and another tenant.  The curb …
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DeHaven reappointed to Nassau County Bar Association Committee
July 13, 2016 | General Liability
George K. DeHaven has been reappointed as Vice Chair of the Nassau Bar Association’s “Defendants’ Round Table” committee. The Committee discusses new developments and changes in the law which affect defendants’ lawyers and their clients. …
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Bushwack attends USLaw Women’s Connection Conference
June 14, 2016 | Medical Malpractice Defense | General Liability | Complex Torts & Product Liability
Jacqueline (Mecchella) Bushwack represented Rivkin Radler LLP at the USLAW Women’s Connection Conference, “Strong Voices in Times of Crisis: Facing Adversity & Succeeding,” in Nashville, Tennessee. The USLAW NETWORK Women’s Connection provides a forum for women lawyers to collaborate, develop and advance the status of women involved in civil litigation through the strengthening of personal …
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Bendix Victorious in Queens County Supreme Court
May 23, 2016 | General Liability
Bruce A. Bendix obtained a defense verdict in the Supreme Court, Queens County, after a three day jury trial.  Plaintiff, a pedestrian, claimed that the defendant, an 88-year old driver, crossed a double yellow line as he was driving westbound on Northern Blvd. in Queens and struck him.  The defense contended that plaintiff, who was …
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Grill and Schieber Obtain A Significant Victory For Borrower
May 9, 2016 | General Liability | Construction | Real Estate, Zoning & Land Use
In a decision that is a significant victory for the client, the Supreme Court, Nassau County canceled and invalidated a multi-million dollar mortgage given by our client to a bank.  The mortgage was discharged despite the fact that our client was concededly in default having failed to pay any amount due the bank since 2007.  …
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Robertelli and Doran obtain Dismissal of Superstorm Sandy Suit obtained on behalf of Metropolitan
May 3, 2016 | General Liability | Professional Liability
On behalf of Metropolitan in a Super Storm Sandy claim, John Robertelli and Patricia Doran successfully opposed Plaintiff’s motion to restore the matter long after the suit limitations period contained in the Metropolitan policy had expired. The Hon. Andrea G. Carter agreed with their arguments and held that Plaintiff failed to show the requisite good …
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DeHaven named to Nassau County Bar Association’s Screening Committee
April 19, 2016 | General Liability
George DeHaven has been named to the Nassau County Bar Association’s Screening Committee.  The primary purpose of the Committee is to interview and screen applicants for officer and director positions within the Association. …
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Robertelli granted motion for summary judgment on behalf of client
March 17, 2016 | General Liability
John Robertelli was granted the motion for summary judgment filed on behalf of  defendant Metropolitan Group Property and Casualty Insurance Claim and dismissed the Plaintiff’s Complaint with prejudice. In adopting all of Metropolitan’s arguments, Judge McNulty held that the Complaint was filed beyond the one year suit limitation contained in the policy. He determined that the …
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Goodheart v. Hofstra University
March 10, 2016 | General Liability | Appeals
Rivkin Radler obtained summary judgment on behalf of defendant, Hofstra University as well as a dismissal of the plaintiff’s action. In Goodheart v. Hofstra University, et al., the plaintiff tripped and fell at a baseball memorabilia show that was held at Hofstra University’s Fitness Center.  Frank Raia and Seth Goldberg obtained summary judgment and a dismissal of …
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Bendix obtains dismissal on behalf of client
March 9, 2016 | General Liability
Bruce Bendix won dismissal of a lawsuit involving an allegedly defective bed purchased by the plaintiff from our client’s store.  Plaintiff sought reimbursement for the cost of the bed and damages for her personal injuries.  Bruce served a motion to dismiss and argued that these claims are subject to an arbitration agreement contained within the …
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