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Bivona & Cohen, P.C. is an Insurance Defense law firm founded in New York City, United States, in 1974. Headquartered in the historic I.M. Pei and Partners-designed Wall Street Plaza building located at 88 Pine Street in the city’s Financial District, the firm employs 25 lawyers in the New York office. It also has affiliate offices in Boca Raton, FL and Warren, NJ.

History

The firm was started by John V. Bivona and Sidney Cohen in 1974.

In 2009, Marlene Monteleone was named Managing Partner placing Bivona & Cohen, P.C. among less than 6% of all firms nationwide with a female in that leadership role.

Practice

As a law firm concentrating on Insurance Defense matters, Bivona & Cohen, P.C.’s practice comprises General Civil Litigation and Trial practice, Appellate practice, Class Actions, Environmental and Toxic Torts including Lead Poisoning, Sick Building Syndrome and Asbestos Defense, Insurance Coverage, Product Liability, Medical and Hospital Malpractice, Pharmaceutical Liability, First and Third-Party Insurance Defense, Self Insured Defense, Legal Malpractice, Complex Litigation, Federal Civil Litigation, Premises Liability including Security and Dram Shop, Construction and Scaffolding Litigation, Labor and Employment Law, Professional Liability including Errors and Omissions, Defense of Insurance Agents, Nursing Home and Assisted Living Facility Litigation.

Representative Clients

Notable Cases

Insurance Coverage

  1. Kiss Construction NY, Inc. v. Rutgers Casualty Insurance. Co.[1] - denial of motion for summary judgment reversed on appeal on the issue of material misrepresentation to void policy
  2. Lavandier v. Landmark Ins. Co.[2] - motion for summary judgment affirmed on appeal on the issues of specificity of denial and number of occurrences
  3. U.S. Fire Ins. Co. v. American Home Assur. Co.[3]- limitation of actions between carriers
  4. First City Acceptance Corp. v. Gulf Ins. Co.[4] - motion for summary judgment affirmed on appeal on the issues of choice of law and denial of coverage
  5. Akzo Nobel, Inc. Vs. Allianz Underwriters, Inc.[4] - motion for partial summary judgment on first party claim for business interruption coverage based on collapse of salt mine – limits of liability.

Medical Malpractice

  1. Flanagan v. Catskill Regional Medical Center[5] - denial of motion for summary judgment reversed on appeal on the issues of role of hospital in alleged malpractice
  2. Siegel v. Long Island Jewish Medical Center[6] - motion for summary judgment affirmed on appeal on the issue of nursing malpractice and indemnification and contribution.
  3. Sadur v. Doctors' Hosp. of Staten Island, Inc.[7] - motion for summary judgment affirmed on appeal on the issue the need for expert medical opinion.

Civil Procedure

  1. Mensah v. Polytechnic University[8] - motion for summary judgment affirmed on appeal on the issue failure to state a cause of action.
  2. County of Westchester v. United Water New Rochelle[9] - denial of motion for summary judgment revered on appeal on the issue of preliminary injunction.
  3. Ayala v. Lockheed Martin Corp.[10] - motion for summary judgment affirmed on appeal on the issue of indemnification for attorney fees.
  4. Iacovangelo v. Shepherd[11] - motion to dismiss based on lack of jurisdiction for summary judgment affirmed on appeal.
  5. Hughes v. Bi Feng Nie[12] - motion for summary judgment affirmed on appeal on the issue relation back doctrine for statute of limitation purposes.

Products Liability

  1. Martins v. Little 40 Worth Associates, Inc.[13] - motion for summary judgment affirmed on appeal on the issue of non-liability of distributor to manufacturer and indemnification of distributor by manufacturer.
  2. Sabessar v. Presto Sales and Service, Inc.[14] - motion for summary judgment affirmed on appeal on the issue of elements of strict liability (lack of defect).
  3. Beckerle Lumber Supply Co., Inc.[15]- motion for summary judgment affirmed on appeal on the issues of pre-emption on alleged failure to label pesticides and failure to test by retailer.
  4. Reliance Insurance. Co. v. PolyVision Corp.[16] and Reliance Ins. Co. of New York v. Information Display Technology, Inc.[17] - a series of decisions dismissing actions (both in state and federal courts) by surety against component manufacturer including a certified question from the Second Circuit Court of Appeals to New York’s Court of Appeals on CPLR § 205.

Labor Law

  1. McGrath v. Transitional Services of New York for Long Island, Inc.[18] - motion for summary judgment affirmed on appeal on the issue of experts and expert opinions.
  2. Huerta v. Three Star Const. Co., Inc.[19]- motion for summary judgment affirmed on appeal on the issue of “contractor” under the Labor Laws.
  3. Garcia v. Pepe [20]- decision on motion for summary judgment reversed on appeal on the issue of exclusivity of Workers Compensation.
  4. DiPilato v. H. Park Cent. Hotel, L.L.C.[21]- motion for summary judgment affirmed on appeal on the issue of limitations of causes of action under the Labor law.
  5. Pisicchio v. Salem Transportation Co., Inc.[22] - motion for summary judgment affirmed on appeal on the issue of special employment status and exclusivity of Workers Compensation.

Premises Liability

  1. Holub v. Pathmark Stores, Inc.[23] - motion for summary judgment affirmed on appeal on the issue of common law indemnification.
  2. Germain v. City of New York [24]- trial verdict affirmed on appeal on the issue of non-liability of landowner under the Administrative Code.
  3. Wylie v. Brooks/Eckerd Pharmacy[25]- motion for summary judgment affirmed on appeal on the issue of creation of alleged condition - notice
  4. Albano v. Pete Milano's Discount Wines & Liquors[26] - motion for summary judgment affirmed on appeal on the issue of design defect.
  5. Thomas v. Foster Apartments Group[27] - motion for summary judgment affirmed on appeal on the issue of duty owed to non-resident attacked by non-resident assailant.

Notes

  1. 61 A.D.3d 412, 877 N.Y.S.2d 253 (N.Y.A..D. 1 Dept.,2009)
  2. 44 A.D.3d 501, 844 N.Y.S.2d 23,( N.Y.A…D. 1 Dept., 2007)
  3. 19 A.D.3d 191, 796 N.Y.S.2d 603 (N.Y.A..D. 1 Dept., 2005)
  4. 4.0 4.1 245 A.D.2d 649, 665 N.Y.S.2d 114 (N.Y.A..D. 3 Dept., 1997)
  5. 65 A.D.3d 563, 884 N.Y.S.2d 131 ( N.Y.A.D. 2 Dept.,2009)
  6. 309 A.D.2d 916, 766 N.Y.S.2d 118 (N.Y.A..D. 2 Dept., 2003)
  7. 146 A.D.2d 691, 537 N.Y.S.2d 55 ( N.Y.A..D. 2 Dept., 1989)
  8. 68 A.D.3d 411, 890 N.Y.S.2d 486 ( N.Y.A..D. 1 Dept., 2009)
  9. 32 A.D.3d 979, 822 N.Y.S.2d 287, ( N.Y.A..D. 2 Dept., 2006)
  10. 22 A.D.3d 394, 802 N.Y.S.2d 362, (N.Y.A..D. 1 Dept., 2005)
  11. 5 N.Y.3d 184, 833 N.E.2d 259, 800 N.Y.S.2d 116, ( N.Y.2005)
  12. 12 A.D.3d 406, 783 N.Y.S.2d 841 ( N.Y.A..D. 2 Dept., 2004)
  13. 72 A.D.3d 483, 899 N.Y.S.2d 30 (N.Y.A..D. 1 Dept., 2010)
  14. 45 A.D.3d 829, 848 N.Y.S.2d 198, (N.Y.A.D. 2 Dept., 2007)
  15. 227 A.D.2d 396, 642 N.Y.S.2d 55 (N.Y.A.D. 2 Dept.1996.)
  16. 292 Fed.Appx. 106, (C.A.2 (N.Y. 2008)); 9 N.Y.3d 52, 876 N.E.2d 898, 845 N.Y.S.2d 212, (N.Y., 2007), 474 F.3d 54, 2007 ( C.A.2 (N.Y.), 2007); 390 F.Supp.2d 269,( E.D.N.Y.,2005)
  17. 2 A.D.3d 701, 769 N.Y.S.2d 593 (N.Y.A..D. 2 Dept., 2003)
  18. 63 A.D.3d 1121, 883 N.Y.S.2d 542 (N.Y.A..D. 2 Dept., 2009)
  19. 56 A.D.3d 613, 868 N.Y.S.2d 679 ( N.Y.A.D. 2 Dept.,2008)
  20. 42 A.D.3d 427, 839 N.Y.S.2d 544 ( N.Y.A..D. 2 Dept., 2007)
  21. 17 A.D.3d 191, 795 N.Y.S.2d 518, ( N.Y.A..D. 1 Dept., 2005)
  22. 159 A.D.2d 701, 553 N.Y.S.2d 54 ( N.Y.A..D. 2 Dept., 1990)
  23. 66 A.D.3d 741, 887 N.Y.S.2d 215, ( N.Y.A.D. 2 Dept., 2009)
  24. 66 A.D.3d 640, 886 N.Y.S.2d 501 ( N.Y.A..D. 2 Dept., 2009)
  25. 49 A.D.3d 533, 855 N.Y.S.2d 180, ( N.Y.A..D. 2 Dept., 2008)
  26. 43 A.D.3d 966, 842 N.Y.S.2d 524 ( N.Y.A..D. 2 Dept., 2007)
  27. 286 A.D.2d 492, 729 N.Y.S.2d 641 (N.Y.A..D. 2 Dept.,2001)

References

http://www.lawjobs.com/newsandviews/LawArticle.jsp?

http://www.lawjobs.com/newsandviews/LawArticle.jsp?hubtype=News&id=1202464450338&slreturn=1&hbxlogin=1

http://www.nyc-architecture.com/ARCH/ARCH-PeiCobbFried.htm

http://www.martindale.com/Bivona-Cohen-PC/2040809-law-firm-office.htm

Martindale-Hubbel Law Directory, Volume 8, 2008, NYC106B-NYC107B, Coyyright by Reed Elsevier, Inc.

External links

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