Kaufman Borgeest & Ryan LLP

Kaufman Borgeest & Ryan LLP congratulates Brian Margolies and Noah Guisuraga for securing a summary judgment on behalf of an insurer client in the New York Supreme Court for Kings County in a case involving coverage under a pollution liability insurance policy.   The insured asserted that it was entitled to an automatic extended reporting period upon the expiration of the policy both as a matter of statutory law and contract, thus entitling it to coverage for a claim first made one week after the policy’s expiration. Brian and Noah successfully argued that the statutory scheme relied on by the insured did not apply to policies issued through the surplus lines market and that the insured was not otherwise entitled to an extended reporting period since it had replaced the policy’s coverage upon its expiration. #KBRLaw #SummaryJudgment

KBR congratulates Philip Artusa for securing a unanimous defense verdict in Orange County.   The trial involved allegations of medical malpractice in connection with an abdominal surgery. While the claims against the Hospital were originally grounded in vicarious liability, mid-trial the theories of liability were expanded to include direct allegations against nursing staff, residents and covering physicians. Phil argued that the plaintiff’s injuries were attributable to nearly two decades of prior radiation damage and unrelated to any alleged negligence or malpractice by the Hospital staff. The jury returned a unanimous defense verdict in favor of the Hospital. #KBRLaw #DefenseVerdict

The Third Circuit has extended the broader Burlington Northern retaliation standard to ADA and FMLA claims, increasing risk where pay, bonus, leave, accommodation, or workload decisions follow protected activity. KBR attorney Daniel Lewkowicz authored KBR Client Advisory, "The Third Circuit Applies Title VII’s Broader Retaliation Standard to ADA and FMLA Claims." Read more here: https://conta.cc/4wnHbJB #KBRLaw #EmploymentLaw

Congratulations to KBR attorneys Ari Lessa and Adi Halevi on securing summary judgment in a dental malpractice action in Queens Supreme Court.   The plaintiff alleged that an alveoplasty procedure was negligently performed, resulting in nerve damage and loss of sensation to the lip, tongue, chin, and inside of the mouth. The Court granted summary judgment in favor of our client, finding that the procedure was performed within the accepted standard of care, informed consent was properly obtained, and the alleged nerve injury was a known and accepted risk of the procedure.   The Court further held that our client could not be held vicariously liable for the actions of other dental providers, as he neither operated the practice nor directly employed the treating providers.   As a result, all claims against our client were dismissed. #KBRLaw #MedicalMalpractice

Congratulations to KBR Partner Kurtis McManus on being selected to speak at the national LGBTQ+ Bar association in Lavender Law Conference & Career Fair in Chicago.   Kurtis will serve as a panelist for the Junior Associate Academy session, Fastbreak: Developmental Skills for the Litigation-Focused Junior Associate, where he will share practical insight with the next generation of litigators and connect with fellow attorneys from across the country.   We congratulate Kurtis on this well-deserved opportunity and look forward to his participation in this outstanding program. #KBRLaw #LavenderLaw

Congratulations to KBR attorney Christine Rockwell on securing a unanimous defense verdict in Nassau County Supreme Court on behalf of a hospital client.   The case involved allegations that the hospital negligently failed to prevent skin breakdown in a patient suffering from terminal metastatic prostate cancer. The defense established adherence to appropriate skin integrity and patient care protocols and that the skin breakdown resulted from moisture associated with metastatic fevers. #KBRLaw #MedicalMalpractice

Wishing everyone a safe, happy, and spectacular Fourth of July from all of us at Kaufman Borgeest & Ryan LLP! #KBRLaw #4thofJuly #IndependenceDay

Congratulations to KBR Partner Betsy Baydala on her election to the Board of Directors of the Association for Healthcare Risk Management of New York (AHRMNY).   This well-deserved recognition reflects Betsy’s leadership and contributions to New York’s healthcare community. We are proud to celebrate this achievement and look forward to her continued success. #KBRLaw #AHRMNY #BoardofDirectors

Our New York City office participated in the JPMorgan Chase Corporate Challenge at Central Park! This event supported the Central Park Conservancy and provided an evening full of teamwork and incredible team spirit. Thank you to all our KBR participants who came out to represent and support the firm! #KBRLaw #JPMorgan #Chase #CorporateChallenge

Kaufman Borgeest & Ryan LLP wishes everyone a happy Juneteenth. Today, we honor our history, celebrate the ongoing journey toward freedom and equality, and reaffirm our commitment to building a better tomorrow together. #KBRLaw #Juneteenth