by PMT | Feb 18, 2019 | News
After an intense eight-day trial, Ernest J. Bernabei lll obtained a unanimous defense verdict in an attorney malpractice case in New Jersey Superior Court, Bergen County. Plaintiff, a New York immigration attorney, contended that our client, a real estate attorney, failed to protect him in closing on a parcel of land in which he intended to build a house. Plaintiff alleged that environmental restrictions caused him substantial additional construction costs and were not properly investigated and discussed by our client. Through heavy cross-examination of both plaintiff and his experts, it was established that the defendant had fully advised the plaintiff of the need for due diligence, including engineering inspection prior to closing. Most importantly, Mr. Bernabei was able to point out how the plaintiff repeatedly ignored advice, delayed his expert inspections, and was the sole cause of any issues with the construction. Mr. Bernabei raised numerous issues as to the plaintiff’s credibility by pointing out many contradictions and inconsistencies in his testimony, as well as many issues with his experts. Our damages expert effectively challenged the number of costs and causation. Our liability expert, as well as the client’s direct testimony, established a clear chronology of proper negotiation of due diligence language and handling of the closing. Ultimately, the plaintiff built a house with about 15,000 square feet of usable space. The plaintiff was seeking damages, along with fees, in the range of $1.4...
by PMT | Feb 18, 2019 | News
By PMT Attorney, Jamie V. Tarallo – PMT Attorney Social media such as Twitter, Facebook, Myspace and LinkedIn have become major resources in the legal world. Lawyers have found that these resources can provide accurate information as to potential litigants’ background, history, the seriousness of injury or level of disability. The law around the discoverability and use of these social media platforms is recent and relevant as the world is continuously shifting to fast-paced social networking. The information sought on these social platforms cannot only be useful for finding litigants, but also for strengthening a defense as to the extent of personal injuries claimed. It is no longer the norm that only major companies have to preserve electronic data for litigation. Plaintiffs in personal injury actions now also have to preserve social media platforms as the information contained therein can be highly relevant and useful for the defense of a case. Use of E-discovery is broadening as society becomes more immersed in social media and the online world. Recent decisions have held that when a person puts their mental or physical health in question, social media platforms can be very useful and determinative in the outcome of a case. Counsel can use law mechanisms such as notices to admit, motions to compel, and discovery demands to extract such information that is necessary and relevant to the cause of action. In a recent ruling, Vasquez-Santos v. Matthew, Appellate Division, First Department, opened the door even further for Defendants and granted a motion to compel to allow an expert to dive through the plaintiff’s electronic devices, including through email accounts and other social...
by PMT | Feb 15, 2019 | News
We Are Pleased to Announce Attorneys Michael Neri and John A. Risi Have Been Named Partners at the PMT Law Firm. Each attorney is a talented advocate for the firm’s clients and has achieved their current position with persistent and successful work. John A. Risi John Risi joined the firm in 2014. His practice focuses on the defense of personal injury/product liability cases, complex commercial litigation, and insurance coverage disputes. John is licensed to practice law in Connecticut, New York, U.S. Court of Appeals Second Circuit, U.S. District Court, Eastern and Southern Districts of New York. He practices in the firm’s offices in Elmsford, NY and Norwalk, CT. He has extensive experience in all facets of general civil litigation in both federal and state courts, including extensive pre-trial, trial, and appellate work. He has successfully represented manufacturers, property owners, contractors and insurers in federal and state litigation. See John’s Bio Michael Neri Michael Neri joined the firm in 2014 and is focused in the practice areas of automobile, construction, general liability, and non-profit organizations. He is licensed to practice law in New York and the Eastern and Southern District Courts of New York. Michael practices out of the firm’s Elmsford, NY office. He handles a broad range of litigation matters in state and federal courts from the outset of litigation through trial and appeal. Michael demonstrates a great passion for his work. His litigation experience includes landowner/property owner liability, construction accidents, automobile liability, professional liability and matters involving general allegations of negligence. See Michael’s...
by PMT | Jan 7, 2019 | News
For the past several years, the PMT Law Firm (Pillinger Miller Tarallo, LLP) has provided excellent client service and has experienced exceptional growth. In addition to our 7 current locations, we are delighted to announce our new Garden City, New York location. The new PMT Garden City office is in the heart of Long Island’s legal community and will allow us to provide better and more convenient service to our clients in Queens, Nassau and Suffolk County. Jeffrey Miller, one of the founding partners of the PMT Law Firm said, “we are excited to expand and further service our clients more efficiently.” We are also extremely pleased to announce that Neil Sambursky joins PMT as the Garden City office’s managing partner. With more than 30 years of litigation experience and a wide-ranging defense and insurance coverage practice, Neil expands the breadth of services we provide. Neil is admitted to practice in New York and New Jersey; he has an active defense and insurance coverage practice in all of the state and federal courts in both states. Neil serves as national product liability counsel to a Fortune 100 company. Neil’s insurance defense practice in New York and New Jersey includes all types of civil matters including asbestos, construction defect, construction accidents, including New York Labor Law, environmental, toxic tort, and every other type of premises liability case. Neil’s insurance coverage practice is equally diverse. Neil both prosecutes and defends insurance declaratory judgment actions and is regularly called on to issue coverage opinions for claims under the first-party property, environmental, general liability and professional liability policies. Neil has succeeded for his clients on...
by PMT | Nov 14, 2018 | News
The Breakdown is an informative and equally entertaining podcast discussion that addresses the insurance issues faced by NY contractors and developers today. Experts across multiple fields sharing their “insurance playbook” in a round table podcast format. In this week’s episode Executive Partner of the PMT law Firm, Jeffrey Miller was selected as a featured guest because of his passion for the industry and his exceptional consultative skills delivering win/win solutions. Listen to Jeffrey Miller on the Breakdown https://pmtlawfirm.com/wp-content/uploads/Episode-2-Jeffrey-Miller-on-the-Breakdown.mp3 Visit the Breakdown...
by PMT | Oct 4, 2018 | News
Trial Attorney: Lawrence J. Buchman (Nassau County) Larry Buchman of Pillinger Miller Tarallo represented a defendant driver in a civil case for personal injuries who had pled guilty to DWI and vehicular assault in the accident. The pedestrian plaintiff was demanding a mid six-figure amount over our client’s insurance which was lowered to $150,000 at jury selection. The essential evidence was that our driver was driving under the speed limit in the middle lane of a Nassau County highway when the pedestrian staggered into the car’s path over 100 feet from the closest crosswalk. The jury came back with an 80% verdict against the plaintiff pedestrian who had a blood alcohol level two times higher than our defendant driver and the pedestrian crossed a six lane highway while “jay-staggering or jay-stumbling.” Prior to receiving the verdict, the plaintiff accepted a nominal four-figure amount of money over the policy for settlement. Trial Attorney: Christopher G. Todd (Kings County) In this case, Plaintiff was struck in a crosswalk by a driver who ran a red light and fled the scene. The impact threw Plaintiff into the side of our client’s car, which was legally turning left in front of Plaintiff. Plaintiff sued our clients only, and did not attempt to identify the fleeing driver, nor pursue an MVAIC claim. Our pre-trial investigation was crucial in identifying and garnering the cooperation of a non-party witness who provided critical testimony at trial. At trial, there was a unanimous defense verdict. Trial Attorney: Robert J. Gironda (Richmond County) In this case, the insured driver stopped at a stop sign and then proceeded through the...
