Recent News - General Liability


Robertelli Obtains Second Summary Judgment for Home Elevation Company
September 24, 2018 | Professional Liability
John Robertelli obtained a second dismissal of all negligence claims with prejudice made against a Home Elevation Company related to a dispute over work performed pursuant to a contract after the home was damaged by Superstorm Sandy. All claims for negligent workmanship were dismissed by the Honorable Daniel L. Weiss J.S.C. in Monmouth County who …
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Rivkin Radler Welcomes Three New Attorneys
September 20, 2018 | Real Estate, Zoning & Land Use | Commercial Litigation | General Liability
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Thomas DeMarco, Jacob Fleitman and Michael Rudick have joined the firm. Thomas V. DeMarco, has joined the firm’s General Liability Practice Groups as an Associate. Thomas focuses his practice on a variety of matters, including automobile liability, premises liability and property damage cases.  …
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Richman, Bushwack and LiPetri Obtain Summary Judgement in Labor Law Case
September 20, 2018 | General Liability
David Richman, Jacqueline Bushwack and Michael LiPetri obtained summary judgment on behalf of a NYC land owner in a lawsuit where plaintiff alleged injuries flowing from a construction-related incident when plaintiff fell from a height while in the process of disposing bulk debris. Plaintiff alleged violations of Labor Law 240(1), 241(6) and 200. Bronx County …
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Merkrebs Quoted in Healthcare Risk Management
August 31, 2018 | Medical Malpractice Defense
Howard Merkrebs was quoted in an article published in Healthcare Risk Management, “Patients Leaving Against Medical Advice Create Liability Risk.” Merkrebs discusses how the AMA form is not enough to prevent a lawsuit. “Even when clinicians and administrators do their best to counsel a patient who wishes to leave AMA and have signed documents acknowledging …
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Strober Secures Second Defense Verdict in Three Weeks in Bronx County Trial
August 6, 2018 | General Liability
Eric Strober was successful in defending a driver who was liable for an accident and accused of causing the plaintiff to undergo spinal and knee surgeries. Eric established that the accident was not the cause of the plaintiff’s claimed injuries and surgeries, but rather that she had unrelated, long-standing degenerative problems that the surgeries addressed. …
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Rivkin Radler Welcomes New Associate
August 3, 2018 | General Liability
John P. Campana has joined the firm’s General Liability Practice Group. John represents clients in a variety of matters, including but not limited to automobile liability, premises liability, construction litigation, insurance coverage and property damages cases. He has also practiced in commercial litigation and insurance coverage litigation, including labor law, construction defect and premises liability …
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Robertelli Obtains Dismissal with Prejudice for Trucking Company Client
August 3, 2018 | General Liability
In a matter that required SIU experience, John Robertelli obtained a dismissal of Plaintiff’s Amended Complaint with prejudice for client Aaron’s Inc. The case involved a suspicious motor vehicle accident that Aaron’s personnel said never happened. Further discovery uncovered that Plaintiff had been involved in seven prior accidents under similar suspicious/staged  circumstances. As discovery progressed, …
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Raia “Sticks The Landing” and Receives Defense Verdict
July 27, 2018 | General Liability
Frank Raia received a defense verdict on behalf of Chelsea Piers in a matter in which the plaintiff, a gymnast performing a front handspring, fractured her elbow resulting in elbow replacement surgery.  The claim against Chelsea Piers was that the instructor failed to properly spot the plaintiff, which was the proximate cause of the accident.  …
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Strober Secures Defense Verdict in Bronx County Jury Trial
July 19, 2018 | General Liability
Eric Strober was successful in defending a driver who struck a pedestrian crossing Dyre Avenue in Bronx County in 2014. The client, a plumber, hit a pedestrian while driving a work van. The plaintiff was a New York City Transit worker on his way to work at the time of the accident. He sustained a …
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Rivkin Radler Welcomes Three New Attorneys
July 18, 2018 | Health Services | General Liability
Rivkin Radler LLP has welcomed new associates, Margarita Christoforou, Cassandra Rivais and Jonah Zweig. Margarita Christoforou, of St. James, has joined the firm’s Health Services Practice Group. Margarita represents various healthcare entities, including hospital systems, medical groups and physician practices, long-term care providers, ambulatory surgery centers, Management Services Organizations (MSOs), Accountable Care Organizations (ACOs), Independent …
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DeHaven Secures Dismissal for Demolition Contractor Client
July 16, 2018 | General Liability | Construction
George DeHaven handled Romero v 304-306 Canal Street LLC, a lawsuit arising from a job-site accident in which the plaintiff, a construction worker on the job, was injured by the falling ladder of a fire escape on the outside of a building adjoining the job site. Our client, a demolition contractor, performed work only on …
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DeHaven Presents “Judge of the Year” Award
June 25, 2018 | General Liability
On Wednesday, June 20, George DeHaven, president of the Long Beach Lawyers Association, presented the “Judge of the Year” Award to New York State Supreme Court Commercial Division Justice Timothy Driscoll. The reception was held at The Sands on Lido Beach. The award is presented each year to a member of the judiciary who, through actions …
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Rivkin Radler Welcomes Two New Associates
June 20, 2018 | Insurance Fraud | General Liability | Employment & Labor
Uniondale, New York– June 2018 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Ana Parikh and Rosalinde Casalini have joined the firm as associates. Ana Parikh has joined the New Jersey office in the General Liability Practice Group. Prior to joining Rivkin Radler, Ana worked at a mid-sized law firm …
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Court Defangs Action against Pitbull and Co-Defendants
June 7, 2018 | General Liability
Rivkin Radler obtained summary judgment in an action commenced by plaintiff for personal injuries allegedly sustained at the Nokia Theater at a Pitbull concert. During the concert, Pitbull suddenly stopped performing and sent two of his personal bodyguards into the audience to stop a fight allegedly occurring near the stage. As one of the personal bodyguards …
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DeHaven Secures Superstorm Sandy Settlement
June 7, 2018 | General Liability
In Bowne v Shapiro, George DeHaven secured a great settlement for our client.  This breach of contract litigation involved our client’s work for the Town of North Hempstead following Superstorm Sandy. The plaintiff was an engineering firm hired as our client’s subcontractor. The plaintiff claimed that that it was not paid for certain work it …
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DeHaven Secures Post-Trial Dismissal
May 22, 2018 | General Liability
George DeHaven tried a four motor vehicle accident case, Shoshari v Herrera.  The plaintiff claimed serious neck, shoulder and knee injuries and underwent cervical fusion surgery as well as arthroscopic procedures on his shoulder and knee. After a three-day liability trial, the jury found in favor of the plaintiff against all three defendants. Prior to …
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Robertelli Obtains Summary Judgment for Contractor in Superstorm Sandy Case
May 9, 2018
John Robertelli obtained a dismissal of all negligence claims with prejudice made against a Home Renovation Contractor related to a dispute over work performed pursuant to a contract after the home was damaged by Superstorm Sandy. The negligence-related claims were dismissed by the Honorable Marc Troncone J.S.C. in Ocean County who held that the expert …
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Strober Wins Summary Judgment in Potentially High Damages Case
April 12, 2018 | General Liability
Eric Strober obtained summary judgment on a motor vehicle liability case premised on a worker’s compensation defense, saving the client $1 million of available coverage, which would have been exhausted given the severity of the injuries. The case involved a two-car accident in which our client was driving a company van from a job site …
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Robertelli Obtains Summary Judgment for QBE Insured in Significant Fire-Loss Case
April 6, 2018 | General Liability
John Robertelli obtained summary judgement for a QBE insured from the Honorable L. Grace Spencer J.S.C. in Essex County in a fire-loss case involving a significant property damage claim. Judge Spencer reviewed the opinions of four cause-and-origin experts and found that none of the experts could conclusively establish the ignition source of the fire. Judge …
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Rivkin Radler Welcomes Four New Attorneys
February 14, 2018 | Corporate | Insurance Fraud | General Liability | Construction | Complex Torts & Product Liability | Real Estate, Zoning & Land Use
Uniondale, New York – February 14, 2018 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has welcomed four new attorneys, Christina M. Bezas, David I. Gise, Robert C. Kern Jr. and Amanda S. Reynolds to the firm. Christina M. Bezas, of Long Beach, N.Y., is an Associate in the Insurance Fraud Practice Group. …
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Merkrebs obtains Defense Verdict in Rear-Impact Automobile Action
February 14, 2018 | Howard M. Merkrebs | General Liability
Howard M. Merkrebs obtained a defense verdict in rear-impact automobile action tried in Bronx County.  The 55 year old plaintiff alleged multiple injuries including a tears in her right knee requiring arthroscopic surgery, tears in her  right shoulder requiring arthroscopic surgery and sprain of her left knee, as well as  herniated cervical discs and bulges …
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Bushwack and Lampert Contribute to USLAW Compendium
January 31, 2018
Jacqueline Bushwack and Matthew Lampert were contributors to USLAW’s National Compendium of Law for the State of New York, a resource that gives users access to common and statutory law regarding a variety of procedural and litigation-oriented issues. The National Compendium addresses issues that arise prior to the commencement of litigation through trial and on …
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Robertelli Obtains Dismissal with Prejudice of All Claims Against Leasing Company
December 18, 2017 | General Liability
John Robertelli obtained summary judgment on behalf of an equipment financing and leasing company. The dismissal was received from the Atlantic County Superior Court Judge James P. Savio J.S.C. who recognized that 49 U.S.C.A. 30106 (The Graves Act) and New Jersey case law bars any action against the leasing company based upon vicarious liability. Attached …
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Grover and Versichelli Win Dismissal of Plaintiff’s Bad Faith Claim
December 15, 2017 | Insurance Coverage
Keith Grover and Michael Versichelli recently won dismissal of two causes of action against our client, State Farm, in a lawsuit for underinsured motorist benefits in the Supreme Court, Nassau County.  The Supreme Court granted State Farm’s pre-answer motion and dismissed plaintiffs’ second and third causes of action, for bad faith and breach of State …
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Giliberti and Peress Obtain $8M Dismissal of Construction Defect Complaint
December 14, 2017 | Frank J. Giliberti | Janine L. Peress | General Liability
Frank Giliberti and Janine Peress were successful in convincing a court to dismiss a plaintiff homeowners association’s  complaint in a construction defect case, which included breach of contract and tort causes of actions. The plaintiff alleged over $8 million in remedial repair damages. The homeowner’s association opposed the motion based on the premise that it was …
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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 S. 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 | Medical Malpractice Defense | General Liability | Complex Torts & Product Liability
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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