Neil Sambursky graduated from the State University of New York at Buffalo in 1985, obtaining his B.S. in Accounting. Neil graduated from Boston University School of Law in 1988, during which he participated in the Stone Moot Court Competition and was a teaching assistant in a First Amendment class given in Boston University’s undergraduate School of Communications. Neil is admitted to practice before the State and Federal Courts in New York and New Jersey and he is also admitted to the Eleventh Circuit Court of Appeals.

Neil became a partner in MSSSV upon leaving Melito & Adolfsen P.C., where he had practiced for thirteen years, with the last five as a partner. Neil is an experienced litigator including trials, appeals, mediations and arbitrations throughout the country. Neil’s tort defense practice includes product liability, construction accident, automobile/trucker liability and premises liability cases. Neil also has extensive experience in the defense of professional liability claims for accountants, lawyers, architects and engineers.

Neil is also a well-established insurance coverage litigator, who is also frequently called upon to render coverage opinions for claims under general and professional liability policies. Neil has litigated environmental coverage disputes throughout the country and represents insurance companies in declaratory judgment actions on a wide range of coverage issues in various states. Neil is also called upon for his experience in defending bad faith claims.

Neil has argued numerous motions at both the trial and appellate levels and set forth below are just some of his reported and unreported decisions:

• Sheridan’s Children’s Healthcare Services v. Steadfast Insurance Co., et al, Case No.: 97-7357 (USDC Southern District of Florida Sept. 28, 2001)(Summary judgment in favor of Steadfast dismissing bad faith/punitive damage suit.)
  
• Hutzler v. State of New York, 282 A.D.2d 503, 722 N.Y.S.2d 772 (2d Dep’t 2001)(Appellate division affirmed summary judgment dismissing plaintiff’s complaint based upon New York’s Labor §§ 240(1), 241(6) and 200.)
  
• Andrei v. DHC Hotels and Resorts, Inc, et al, 99 Civ. 2555 (S.D.N.Y. 2000)(Dismissal of claim against Aruba Hotel based upon lack of personal jurisdiction.)
  
• Moore v. Nayer, et al., 321 N.J. Super 419 (App Div. 1999)(New Jersey Appellate Division affirms dismissal of Zurich “bobtail” trucker’s policy and refuses to hold that the policy violated New Jersey’s compulsory motor vehicle laws.)
  
• Tasayco v. Konica Corporation, 267 A.D.2d 467, 699 N.Y.S.2d 467 (2d Dep’t 1999) (Appellate division reversed trial court and dismissed toxic tort case arising out of exposure to Formaldehyde in the workplace.)
  
• Essex Chemical Corp v. Hartford, et al., 993 F. Supp. 241 (D.NJ 1998)(Reversal of magistrate judge’s decision disqualifying joint defense group based upon implied attorney-client privilege and appearance of impropriety doctrines.)
  
• Employers Insurance of Wausau v. The Duplan Corp, et al. 1999 WL 777976 (S.D.N.Y. 1999)(Summary judgment that the sudden and accidental pollution exclusion barred coverage for clean-up claims in New York and the Virgin Islands.)
  

Presentations and Speeches

• “Trying The Environmental Coverage Case” (Mealey’s 1998)
• “Commercial Lines Insurance Coverage With Advanced Issues” (New York State Bar Assoc. 2004)
  
• “2005 Update and Overview of Premises Liability” (New York State Bar Assoc. 2005)
  
• “Commercial Lines: Coverage for the Construction Defect Claim” (New York State Bar Assoc. 2006)
• “2007 Insurance Coverage Update:  Focus on First Party Coverage Issues. (New York State Bar Assoc. 2007)
• “Can the Commercial General Liability Policy Survive?  Recent Developments Affecting Coverage for Bodily Injury Claims Under the CGL Policy”  (New York State Bar Assoc. 2008)
• In-house presentations for clients on coverage and defense issues.