Author: Jess Minzner

Congratulations to KBR partner Dianna D. McCarthy on obtaining an impressive appellate win in a potential class action suit in the Second Department!

Plaintiff contested a ruling by the Supreme Court of Suffolk County New York which largely granted Defendant’s motion to dismiss a breach of contract and unjust enrichment claim made by a fourth-year student because classes were changed from in-person to online during the COVID-19 pandemic roughly six weeks prior to the end of the semester…. Read more »

Celebrating our accomplished attorneys for their inclusion in the 2024 editions of Best Lawyers in America!

6 attorneys were named to the 2024 Best Lawyers in America list and 23 attorneys to the 2024 Best Lawyers in America: Ones to Watch list. We’re proud to highlight our attorney’s dedication and outstanding reputations across 9 practice areas: Appellate Practice, Commercial Litigation, Construction Law, Health Care Law, Labor and Employment Litigation, Insurance Law,… Read more »

On August 10, 2023, the Appellate Division, First Department, reversed a lower court’s grant of a defendant nursing home’s motion to change venue based on a contractual venue selection clause.

In a 3-2 decision, the appellate court held that questions surrounding the authenticity of the plaintiff’s decedent’s electronic signature renders a contractual forum selection clause unenforceable.  KBR partners David Bloom and Mario C. Giannettino authored an article, “Failure to Authenticate Resident’s Signature Leads to Denial of Motion to Change Venue”, dissecting a recent ruling that… Read more »

Congratulations to KBR attorneys Patrick A. Dolan and Lindsey Nourse on obtaining summary judgment in a Medical Malpractice case in Kings Supreme!

Plaintiff alleged the co-defendant general surgeon improperly performed medical procedures and the KBR defended hospital was responsible for his conduct. KBR moved for summary judgment arguing that the plaintiff was a private patient of the general surgeon and there was no basis for vicarious liability. Further, all care by the staff and residents was appropriate… Read more »