Firm News and Events

Defense Verdict in Orange!
In Lundgren v. Town of Cornwall, the plaintiff was arrested after shooting his neighbor’s pit bull which allegedly attacked him in his backyard. The Grand Jury declined to indict him, and he sued the Town of Cornwall and its police department for false arrest. A two week jury trial ensued, with conflicting testimony from each witness as to the facts leading up to the shooting. After deliberating for two and a half hours, the jury returned a unanimous verdict in favor of the defendants.

Defense Verdict in The Bronx!
Timothy Murphy obtained a defense verdict in Bronx County on September 26, 2008 in a construction accident case. Plaintiff alleged that the defendants placed sheetrock in an unsafe manner. It was claimed that approximately 1,500 lbs of sheetrock had fallen on plaintiff’s leg. Plaintiff sustained a tibial plateau fracture which resulted in two (2) surgeries, one (1) which necessitated insertion of hardware. Plaintiff also claimed that he needed a full knee replacement. Neverthless, the Bronx jury found for the defendants represented by MSSSV Of Counsel Tim Murphy.

MSSSV Westchester Partner Richard Sklarin to Speak on Automobile Liability Issues and Trends
Richard S. Sklarin, Resident Partner of MSSSV’s Westchester office, has been invited to speak on September 19, 2008 at the Law School for Claims Professionals being held in Hauppague, Long Island and co-sponsored by the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Rich will be speaking on Automobile Liability Issues and Trends during the all day seminar, which also includes an overview of premises liability, liens and subrogation, indemnification and defense obligation issues, notice and bad faith developments. Further information is available on the seminar at nysba.com.

MSSSV Once Again Sponsors Jack's Run for Autism Awareness - June 7th, 2008
MSSSV is again the primary sponsor of JACK’s RUN for AUTISM AWARENESS, a 5K walk/run in Mineola on June 7th, 2008. All proceeds go to Nassau Suffolk Services for Autism (NSSA) - an organization that provides services to school districts across Long Island. This year, you can simply use the link below to donate, register or just learn more about this disease, which afflicts 1 in 150 of our children. http://www.firstgiving.com/nssa.

MSSSV Wins First Amendment School Speech Case
In Cuff v. Valley Central School District, et al., the parents of a fifth grade student challenged the school district’s decision to suspend their son from school after the student had communicated a threat to “blow up the school with the teachers in it.” Judge William C. Conner of the United States District Court for the Southern District of New York granted our pre-answer motion to dismiss the matter on behalf of both the school district and the teacher who received the threat, thereby dismissing the federal civil rights claim in its entirety.

The Court agreed with our contentions that the defendants could reasonably conclude that the student’s speech would substantially disrupt the school environment and the resulting decision to discipline the student was lawful and proper. Adam Kleinberg and Charles Martin of MSSSV represented the defendants in the litigation.

Adam Kleinberg to Speak at Civil Rights Seminar
MSSSV partner Adam Kleinberg will be speaking at an upcoming Civil Rights Litigation seminar offered by the National Business Institute. Adam will be speaking on the topics of qualified immunity for public officials and civil rights in education.

The full-day seminar will take place on July 29, 2008 at the Melville Marriott hotel, located at 1350 Walt Whitman Road, Melville NY. For a complete listing of topics and speakers click HERE. To register call 1-800-930-6182 or go to www.nbi-sems.com.

MSSSV to Again Chair State Bar Coverage Seminar
MSSSV has again been chosen to chair The State Bar’s annual Insurance Coverage Seminar, this year in New York City. This year’s program, eerily titled “CAN THE COMMERCIAL LIABILITY POLICY SURVIVE ?”, will be held in Midtown Manhattan on Tuesday April 29th. The seminar will discuss the pending legislation regarding the abolition of the no prejudice rule for late notice disclaimers; how to timely disclaim; additional insured and co-insurance issues; and much more. For further information, please go to www.nysba.org.

Adam I. Kleinberg Named Partner of MSSSV
MSSSV is extremely pleased to announce that Adam I. Kleinberg, a senior associate of the firm, has been named a partner. Adam will continue his effective representation of municipalities; school districts; brokers; and other entities in MSSSV's professional liability/civil rights department.

MSSSV Partner to Address Pending Late Notice Legislation
On September 28th, Michael Miranda will speak at the National Business Institute’s Insurance Law seminar on “Recent Legislative and Caselaw Developments” The topic is of particular import to the Insurance Community this year in view of the pending Legislation to eliminate the no–prejudice rule as to Late Notice of Claim . Although Governor Spitzer recently vetoed a hastily–passed bill by the Legislature, he directed a comprehensive study of the issue with an eye towards re-introduction of the Bill. The speech will be at the Wingate Inn in Garden city. Please go to www.nbi-sems.com for registration and further details.

Directed Verdict in Brooklyn for MSSSV
In a trip and fall on construction debris, MSSSV secured a directed verdict in Supreme Kings.

During the trial, the parties attempted to show that our client acted as a general contractor for the “gut” renovation project taking place at the building, and that we were on notice of a recurrent condition. Through cross examination, we were able to show that the insured’s involvement with the project, despite hiring some of the trades and paying them directly, was minimal, and that he did not supervise, manage or control the various trades conducting work at the jobsite. In fact, he had no employees at the jobsite at any time during the construction.

At the conclusion of the proof, we moved for a directed verdict arguing that we did not direct, supervise, manage or control the work taking place at the jobsite, did not create the alleged condition, and were not on notice of the alleged condition. After hearing argument, Judge Knipel granted our motion.

The verdict subsequently came in at $250,000. Mike Longo of MSSSV Westchester tried the case.

MSSSV Partners Michael Miranda and Ondine Slone Organize Successful 5K Run for Autism Awareness and the NSSA
Jack’s Run had its inauguration on June 9th at Wilson Park in Mineola. The 5K run/walk was inspired and organized by Michael Miranda and his wife Ondine Slone, partners at the law firm Miranda Sambursky Slone Verveniotis LLP. Their nephew Jack, for whom the race was named, is a 13 year old student with autism. Jack attends NSSA’s Martin C. Barell School. The race was planned to raise awareness of autism and to benefit NSSA. Read the full story HERE.

MSSSV Wins Federal First Amendment Trial for Long Island School District
In Caruso v. Massapequa UFSD, the plaintiff was a probationary elementary school teacher who alleged that she was forced to resign in the middle of her second year in retaliation for her political speech. She claimed to have been very active in Republican politics and the campaign to re-elect President George W. Bush in 2004. She focused on an incident, during election time in 2004, when she was asked to either remove a lone photograph of President Bush from her classroom chalkboard or to accompany it with a photograph of Presidential candidate John Kerry.

Two MSSSV Partners Featured at Insurance Coverage Seminar
Michael A . Miranda and Neil L. Sambursky will be speaking on May 18th at the NY State Bar Seminar: Insurance Coverage 2007-Focus on First Property Coverage Issues. The seminar will be at the Huntington Hilton in Suffolk County, Long Island. Agenda | Faculty | Flyer and Registration

MSSSV wins Summary Judgment in Malicious Prosecution Case for the City of Glen Cove
In Rush v. City of Glen Cove, plaintiff alleged that he was targeted by the City of Glen Cove Police Department based upon racial profiling and his prior criminal history. Following his arrest, he spent nearly seven months in jail before the charges were dismissed. Judge Woodard of the Nassau County Supreme Court determined that the information presented to the City of Glen Cove Police Department, by the crime victim and an eyewitness, provided the police with probable cause to arrest and prosecute him and she dismissed the case.

MSSSV Obtains Victory In Maryland Court of Special Appeals, Affirming Summary Judgment In Favor Of Insurer
In Wiley v. Zurich, the plaintiffs in a catastrophic medical malpractice action received an assignment of rights in order to prosecute a declaratory judgment against Zurich seeking to recover multiple limits of liability under a professional liability insurance policy issued by Zurich. MSSSV partner, Neil Sambursky, won summary judgment in favor of Zurich at the trial level in Prince George’s County, Maryland. Mr. Sambursky then prevailed in the ensuing appeal to Maryland’s highest court, which in February 2007, affirmed judgment in favor of Zurich and saved the company over $1 million.

Second Circuit Upholds Dismissal of Racial Retaliation Suit
In the Lynn case,discussed in Firm News last year,the Second Circuit affirmed summary judgment to the Rockland County Village of Pomona(and its officials) in a racial discrimination and retaliation matter. The Second Circuit refused to allow the revocation of a building permit to avoid dismissal of the retaliation claim,as "the Village officials applied the same level of scrutiny to the development…before and after the HUD complaint".

MSSSV is Pleased to Announce the Opening of its Westchester Office, and the Addition of a Partner
Rich Sklarin will head the Westchester office. Rich has 15 years of insurance defense experience, ranging from liquor liability to labor law. He is a Phi Beta Kappa graduate of the State University at Albany who received his law degree from St. John's,where he was a member of the Moot Court Board.

These additions will enable MSSSV to continue to service its clients in a swift, cost-effective manner -- which has been its mission since 1998.

MSSSV Wins Employee of Contractors Exclusion Case in New Jersey
In Tri-State v. Mount Vernon, MSSSV successfully argued that the employee of contractors exclusion should apply to a catastrophic construction site accident. The case was venued in Essex County, New Jersey. Superior Court Judge Alfonse J. Ciffelli found not only that the employee exclusion for contractors' employees was unambiguous, but that the insurer should not be estopped from covering this loss. The insured owner had argued that the policy was ambiguous becaause of the deletion of an independent contractors exclusion prior to the issuance of the policy. The court disagreed and no coverage was found for the $1 million commercial liability policy. This appears to have been a matter of first impression in New Jersey. Michael A. Miranda and Eric Stern represented the insurer in the case.

MSSSV Obtains Summary Judgment On Plaintiff's Claim of Tortious Interference With An Employment Agreement
In Gibson v. Urban Resource Institute, et al., a former employee of a not-for-profit organization providing drug treatment programs in the inner-city communities of New York sued the corporate entity, as well as its President and Senior Vice-President, alleging a claim of tortious interference with his employment agreement. Supreme Court Justice Dabiri in Kings County granted MSSSV's summary judgment motion in its entirety, dismissing plaintiff's claim against all defendants. In this regard, Judge Dabiri rejected plaintiff's argument that the defendants terminated plaintiff for personal gain and/or to cause plaintiff harm. MSSSV Associate Adam Kleinberg demonstrated to the Court that the decision to terminate the plaintiff's employment was properly based on plaintiff's insufficient work performance and inappropriate behavior and plaintiff could not raise a triable issue of fact to merit a jury trial. To see a copy of the decision, click here.

MSSSV Wins Defense Verdict for School District in Racial Case
In a lengthy Federal trial, a Westchester jury returned a defense verdict in favor of MSSSV's client, the Putnam Valley Central School District. The plaintiff, an African-American woman, claimed that she had been singled out by white administrators for reprimand. The jury disagreed, and dismissed plaintiff's hostile environment claims. The decision can be found by clicking here.

MSSSV Again Chairs State Bar Insurance Seminar
On May 19th, the firm will again chair a NY State Bar Insurance Coverage seminar. It is entitled Commercial Lines: Coverage for the Construction Defect Claim. Mike Miranda and Neil Sambursky will be featured speakers, and Mike will moderate the topics ranging from the Labor Law to Mold to Ethics. The program will be held in Uniondale, Long Island and details can be found by clicking here.

MSSSV Wins Summary Judgment on Racial Retaliation Federal Suit
In Davis v Oyster Bay-East Norwich School District et al., racial discrimination claims were dismissed on summary judgment in a termination claim. Federal Judge Feuerstein also found unpersuasive the plaintiff-stenographer's claims of retaliation and violation of the ADA. Significantly, the court found that simply because plaintiff was the only African-American stenographer did not prove pretext sufficient to get her case to a jury. Nor was the undisputed fact that she was replaced by a Caucausian enough. Steven Verveniotis and Adam Kleinberg skillfully defended the case for the District and its officials against a very experienced adversary. To see a copy of the decision, click here.

Municipal Defense Verdict by MSSSV Partner Rings In 2006
Ondine Slone again got a defense verdict, this time for the Village of Great Neck in a prior written notice case. The plaintiff dramatically changed her testimony at trial to attempt to conform to a prior written notice actually received by the Village at the same location. The Judge disagreed, finding their plaintiff incredible, no doubt due to Ms. Slone’s cross-examination. The Court found that the Village did not receive prior notice of this specific location, and thus the other notice was irrelevant.

MSSSV Partner Wins Defense Verdict for Insurer in Fire Case
Ondine Slone persuaded a jury that a landowner failed to maintain smoke detectors in each apartment in accordance with its contractual duty. Although the landlord claimed he gave smoke detectors to each tenant and that rogue tenants beyond his control disabled them -- leading to the fatal fire --, Ms. Slone marshaled expert and investigative testimony to save her client a 6-figure fire loss.

Neil Sambursky to speak at New York State Bar Association Seminar on October 14, 2005.
The New York State Bar Association will present a seminar titled "2005 Update and Overview of Premises Liability." MSSSV partner Neil Sambursky will lecture on the topic of "Exterior Premises Liability." Details, including the CLE credits, exact location, time and ticket prices, will be made available through the New York Bar Association and at its web site: www.nysba.org.

MSSSV Wins Fair Housing Action for Rockland Village: Claims of Racism and Retaliation Dismissed
In a decision that preserved the intent of the Fair Housing Act, as well as the spirit of a small Rockland Village, Federal Judge William Conner recently dismissed a racially divisive suit.

The case was initially brought by a white builder and an African-American couple, who claimed that the Village's zoning laws were applied one way when black buyers were involved, and another when whites bought. Although headline-grabbing, the allegations were rejected by the Federal Court for two (2) reasons.

Firstly, the white buyers were treated just as strictly as the black buyers were. The court recognized that the Fair Housing Act did not obliterate local zoning rules and planning board authority simply because a developer cried race.

Secondly, the builder's claims of retaliation were rejected because there was no change in the way the builder conducted his business after he played the race card. The fact that the builder kept building and selling homes suggested to the court that there was no retaliation .The court thus found that the threshold element of adverse circumstances due to the retaliation was not met.

As for the African-American couple who were initially part of the case, they dropped out when it became clear that they had been added to the case without their formal consent.

The developer had claimed damages in excess of $5 million.

WestLaw Cite

Steven Verveniotis to speak at New York State Bar Association Coverage Seminar on April 29, 2005.
The New York State Bar Association will present a seminar titled "2005 Insurance Coverage Update – Personal Lines and Bad Faith" in various locations, including a Long Island presentation on April 29, 2005. MSSSV partner Steven Verveniotis will lecture on the topic of "Significant Tort and Coverage Cases - The Last Six Months." Details, including the CLE credits, exact location, time and ticket prices, will be made available through the New York Bar Association and at its web site: www.nysba.org.

MSSSV Wins False Arrest Case for Town of Cornwall
In Lundgren v. Town of Cornwall, the plaintiff was arrested for shooting a pit bull with a 9 millimeter handgun after it attacked his dog in his backyard. His claims for false arrest and malicious prosecution were dismissed by the Court upon our showing that the shooting was unnecessary and the arresting officers had probable cause, as related to the police by the eyewitnesses at the scene.

Steven Verveniotis to speak at New York State Bar Association Professional Liability Seminar on March 11, 2005.
The New York State Bar Association will present a seminar titled "Avoiding and Defending Legal Malpractice Actions" in various locations, including a Long Island presentation on March 11, 2005. MSSSV partner Steven Verveniotis will lecture on the topic of "Avoiding and Defending Legal Malpractice Actions." Details including the CLE credits, exact location, time and ticket prices, will be made available through the New York Bar Association and at its web site: www.nysba.org.

MSSSV Wins Two Discrimination Cases for Westchester Village
In Gordon v Tuckahoe, M & S successfully defeated claims of racial discrimination on summary judgment. An African-American contractor had asserted that he was unfairly denied a permit, costing him a lucrative contract. The court dismissed these claims in their entirety based upon our showing that the contractor was not properly licensed to perform the work.

In O'Bradovich v Tuckahoe, residents asserted a Federal claim based on an alleged chilling of their rights to speak out pursuant to the 1st and 14th Amendments. The residents claimed that they had been singled out due to their use of FOIL requests and because they had been sued for defamation by a Village Official. The Federal Court disagreed, finding that the Village official could sue the residents without subjecting the Village to municipal liability under 42 U.S.C. 1983. As to the FOIL issue, the Court found that the residents were not singled out, as compared with other similiarly situated residents.