Firm News

Karen Berberich and Amanda Dickens Obtain Summary Judgment for Insurance Carrier

Karen Berberich and Amanda Dickens obtained summary judgment dismissal of an action brought by an insured homeowner against an insurance carrier client.  The Washington County Supreme Court lawsuit had sought coverage for the remediation of an oil spill in the plaintiff’s home.  Karen and Amanda successfully argued that the pollution exclusions applied to bar coverage […]

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Attorneys Karen Berberich and Amanda Dickens Obtain Dismissal for Client

In an action brought by an alleged insured against the carrier seeking coverage in an underlying personal injury action, Karen Berberich and Amanda Dickens successfully defeated plaintiff’s motion for default judgment and obtained dismissal of the complaint against the carrier. They successfully defeated the presumption of proper service upon the Department of Financial Services, by […]

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Partner Robert Yenchman Obtains Summary Judgment

Partner Robert Yenchman successfully moved for summary judgment in an action venued in Suffolk County. In this labor law case, the plaintiff brought suit to recover damages for injuries he sustained when a scaffold that he was using tilted over, causing him to fall. Our client was a site safety consultant on the project. After […]

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Associate Caroline Hock Prevails at Framed Issue Hearing

Associate Caroline Hock obtained a permanent stay of arbitration on behalf of an insurer in a coverage dispute pending before the Supreme Court in Queens County, which centered on whether the driver of a motor vehicle was an “insured” pursuant to the uninsured/underinsured motorists section of the subject insurance policy issued to the driver’s domestic […]

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Attorney Ross Ruggiero Obtains Summary Judgment

Attorney Ross Ruggiero obtained summary judgment for his client, a landlord and property manager, in Bronx County. At the start of discovery, Ross served a Notice to Admit on the plaintiff with a photo of the accident location, which was circled for the purpose of the plaintiff identifying said location. The Notice to Admit was […]

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Attorney Stephen Macho Obtains Summary Judgment

Attorney Stephen Macho successfully obtained summary judgment in a medical malpractice action. The plaintiff alleged a failure to timely diagnose laryngeal cancer against our client, an emergency room physician. The Supreme Court, Bronx County, found the emergency room treatment rendered by our client and subsequent transfer to a hospital for further work up was appropriate […]

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Senior Counsel Michael Del Piano Prohibits New York State Department of Health from Terminating Employee for Not Receiving COVID-19 Vaccine in Arbitration Before AAA

Senior Counsel Michael J. Del Piano recently won an arbitration against the New York State Department of Health (DOH) regarding its requirement that certain employees in DOH regulated facilities (i.e., hospitals, nursing homes, etc.) receive the COVID-19 vaccination or lose their jobs. DOH sought to terminate the employee, who objected to receiving the COVID-19 vaccination […]

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22 Lewis Johs’ Attorneys Recognized by NY Metro Super Lawyers 2022

Lewis Johs Avallone Aviles, LLP is proud to announce that Thomson Reuters’ Super Lawyers has recognized 22 attorneys from the firm on the New York Metro Super Lawyers and Rising Stars lists for 2022. The Super Lawyers selection process includes independent research, peer recognition and professional achievement. Each year, only five percent of attorneys in […]

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Associate Tim Cameron Obtains Summary Judgment

Associate Tim Cameron obtained summary judgment, on liability grounds, in a personal injury action venued in New York County Supreme Court.  In this premises liability case, plaintiff sued for personal injuries allegedly sustained when she tripped and fell on an alleged defect in a sidewalk abutting a gas station.  In his motion, Tim argued that […]

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Associate Ross Ruggiero Prevails in Arbitration Proceeding before AAA

Associate, Ross Ruggiero, recently won an Arbitration before the American Arbitration Association for his client, an out-of-state insurer. The Applicant argued that the insurer was required to pay No-Fault benefits under the New York State Insurance Law; however, Ross argued that the Applicant did not have personal jurisdiction over the out-of-state insurer due to the […]

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