master.com.content
Firm News and Events
MSSSV Starts 2010 With A Win
MSSSV won a coverage action in the Northern District of New York. In Assunta, Inc. v. Penn-America Insurance Company, the Federal Court ruled that Penn-America was not obligated to defend and indemnify its insured because of a 39 day delay in notifying the insurer of the accident.

Michael A. Miranda and Ron Ben-Bassat worked on this matter. No appeal is anticipated.



MSSSV Wins Employment Case
In Saquib v. Stein DeVisser, Judge Garaufis of the Eastern District granted our motion in a retaliatory termination case brought under Title VII. The court concluded that plaintiff could not demonstrate that he was terminated as a result of his protected class status. The court also found that the conduct by plaintiff’s co-workers was not sufficiently severe so as to demonstrate a hostile work environment. The court also found that the retaliation claim was subject to dismissal on the basis that he was not engaged in protected activity.

An appeal has been taken to the Second Circuit.



MMSSSV Obtains Summary Judgment for Bronx County Landlord/Owner in Fireman’s GML 205-a Claim
In October, 2009, the Supreme Court, Bronx County, granted MSSSV’s motion seeking summary judgment on behalf of their client, a building owner, in a personal injury action by a firefighter. The fireman had suffered career ending injures while extinguishing a fire within the insured’s building. The lawsuit alleged common law negligence, as well as liability premised upon GML 205-a, which entitles firefighters and police officers to recover for injuries sustained within the “line of duty” if they are "proximately caused" by an identified and proven statutory violation.

In support of summary judgment, we established that the plaintiff failed to prove that the numerous Building and Administrative Code violations, as well as Multiple Dwelling Law violations, were the "proximate cause” of his accident, which occurred when he fell through a hole in the floor of the tenant's fried chicken restaurant. The motion was also premised upon the fact that plaintiff, as well as two non-party firefighter witnesses, failed to establish that the restaurant floor contained holes and, if proven, the owner had notice of the condition before the fire. Finally, we persuaded the Court that plaintiffs’ expert affidavit, submitted to establish that violations existed before the fire and were the proximate cause of the firefighter’s injuries, was purely speculative since the expert did not inspect the building and relied upon the same discovery before the Court to reach his cursory conclusions.


MSSSV Name Partners to Speak at State Bar Seminar for Claims Professionals in October
On October 23rd, name partners Michael Miranda and Steven Verveniotis will be speaking in Long Island at the New York State Bar Association’s “Law School for Claims Professionals.” The seminar will have a different set up this year with workshops conducted by the speakers to enable greater interaction with the audience. This is an excellent opportunity for claims people to learn about New York law. Further information can be found at www.nysba.org.



MSSSV Name Partner to Speak on Insurance Coverage Litigation
On September 23rd, MSSSV name partner Michael A. Miranda will be speaking at the Melville Marriott on Long Island on Insurance Coverage Litigation. Specifically, he will be speaking on the topic of litigating the insurance coverage claim from nuts to bolts. Information regarding the seminar can be found at www.nbi-sem.com for the seminar “Insurance Coverage Law” or at 800-930-6182.



MSSSV Again Chairs State Coverage Seminar on Construction Losses
MSSSV was chosen for the third consecutive year to Chair the New York State Bar Association’s Annual Insurance coverage Seminar in Manhattan. This year’s seminar, held in May, focused on the Insurance implications of construction risks such as contractual indemnification; additional insured coverage; and priority of coverage. The seminar was sold out and featured MSSSV name partners Michael A. Miranda and Neil Sambursky.



MSSSV Obtains Summary Judgment in Federal Discrimination and Retaliation Lawsuit
In April of 2009, the Appellate Division, Second Department, agreed with MSSSV’s position asserted on behalf of the municipal respondents, thereby reversing the findings of the lower court and dismissing the petitioner’s Article 78 petition in its entirety.

In sum, the appellate court found that the respondent Fire Council’s decision to terminate the petitioner’s membership in the Fire Department was not so disproportionate to the offense to shock one’s sense of fairness. In this regard, the appellate court agreed that the petitioner engaged in a willful course of conduct in which he failed to follow departmental policy and sought to cover up his actions by fabricating documents and deceiving his supervisor. Accordingly, the appellate court found that Article 78 petition seeking reinstatement of petitioner’s membership in the Fire Department warranted a dismissal on the merits.

Kelly Hobel of MSSSV presented the successful appeal.



MSSSV Obtains Summary Judgment in Federal Discrimination and Retaliation Lawsuit
Agostinello v. Great Neck Union Free School District, E.D.N.Y. Docket No. 05-CIV-5838: In February of 2009, Magistrate Judge William D. Wall of the United States District Court for the Eastern District of New York granted MSSSV’s summary judgment motion on behalf of the defendant Great Neck School District (the “District”), thereby dismissing plaintiff’s claims under both federal and state law. A copy of the Court’s 36 page decision may be found by clicking here.

Plaintiff, a former janitor for the District, alleged violations of Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), and New York State Executive Law § 296. Essentially, plaintiff argued that the District: 1) did not consider him for the position of Assistant Head Custodian; 2) permitted a hostile work environment to exist; and 3) denied his request for a reasonable accommodation relating to an alleged back injury.

In granting the District’s motion for summary judgment, the Court found that the District presented sufficient evidence that the failure to promote was based on plaintiff’s improper behavior, poor judgment, and deficient interpersonal relationships. Plaintiff failed to provide any evidence to rebut the District’s legitimate, non-discriminatory reasons in this regard and, therefore, could not support his racial/national origin discrimination claims.

Additionally, the Court rejected plaintiff’s hostile work environment claim, finding that his resignation from the District was voluntary and not a constructive discharge. Additionally, plaintiff could not establish a retaliation claim as there was an insufficient temporal proximity between the purported protected activities and the alleged retaliatory discharge.

With regard to the disability discrimination claims, the Court agreed that the plaintiff could not show an impairment that substanitally limited a major life activity as required by the ADA, or that the District regarded plaintiff as disabled within the meaning of the ADA. Accordingly, the disability discrimination claims failed as a matter of law.



MSSSV Obtains a Defense Verdict in a Religious Discrimination/Retaliation Claim
Bates v. Fund for Community Leadership & Development, Inc., NYSDHR Charge No. 10115830: Following a trial before Administrative Law Judge Thomas J. Marlow, the Court found in favor of MSSSV’s client, a not-for-profit entity which operates community youth programs.

Plaintiff, a former program facilitator for the not-for-profit organization, filed a charge of discrimination with the New York State Division of Human Rights alleging that the termination of his employment was because of his religious affiliation and his refusal to attend worship services. The defendant employer vehemently denied the allegations and proceeded to a trial.

At trial, the employer was able to demonstrate that the decision to terminate plaintiff’s employment had nothing to do with plaintiff’s religious beliefs. In fact, plaintiff’s own written reports were used to demonstrate that the termination was due to a failure to engage the community and develop the program as his position required.

Moreover, on cross-examination, plaintiff confirmed that he did not truly believe that his faith had anything to do with his termination. Rather, plaintiff was angry that he was being asked to perform responsibilities for on what he felt was his own personal time.

Brooklyn Jury Finds for Insurer in Coverage Dispute
Tim Murphy obtained a defense verdict in Kings County on December 9, 2008 in an insurance coverage case. Plaintiff alleged that the defendant insurance company had not served her with a due demand for a sworn proof of loss statement and euo in connection with her claim for approximately $500,000 in water/mold damage. Plaintiff further argued that the due demand letter allegedly served by the insurance company’s prior outside counsel was made on behalf of the wrong insurance company. The proof of mailing of the due demand and the prior counsel’s file had been destroyed. This resulted in a missing evidence jury charge.

But the Kings County jury still found in favor of the insurance company based on Tim’s skillful cross of plaintiff-policyholder.

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. Charles Martin of MSSSV represented the defendants in the litigation.




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.



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 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 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.