News

MSSSV Names New Partners:
Kelly Zic and Frank Malpigli

January 2, 2019

The Firm is pleased to announce that Kelly Zic and Frank Malpigli have been named partner. Both have been with the firm for several years and have demonstrated excellence in their respective practice areas.

Kelly specializes in the defense of property owners and charter schools in personal injury actions ranging from negligence to molestation claims. …

Another Significant Summary Judgment Win for
Ondine Slone

In a strong decision by Justice Debra James of the Supreme Court, New York County, summary judgment was granted and the complaint was dismissed against Fedcap Rehabilitation Services, in an action by an individual injured in an unwitnessed accident during Hurricane Nemo.    The plaintiff was walking on the sidewalk in front of a building owned by the Federal government, who contracted with Fedcap for snow removal services, when plaintiff fell as a result of being waved out of the way by an individual operating a snow plow on the sidewalk.  …

Another Discrimination and Second Circuit win for MSSSV’s Employment Team

MSSSV partner Maurizio Savoiardo won summary judgment in Federal Court and the decision was affirmed by the Second Circuit- in the case of Berrie v, Port Chester U.F.S.D. et. al.. The plaintiff, a gym teacher, sued his employer and supervisors claiming that he was subjected to a hostile work environment based upon his race, and that he was retaliated against for making complaints of racial discrimination.  …

Major Summary Judgment Victory for
Partner Ondine Slone

In a major victory for a private community in Suffolk County, Justice Peter H. Mayer granted summary judgment dismissing a claim by a plaintiff, who was rendered quadriplegic after diving off of a bulkhead into the Great South Bay.  Plaintiff, who was intoxicated at the time of his dive, claimed that he would not have dove into the dark shallow water had there been warning signs advising him of the shallowness of the water or that no diving was allowed.  …

Professional Liability Win for Condominium Board

Partner Rich Sklarin recently prevailed in a hard-fought lawsuit involving plaintiff-homeowners’ installation of an unapproved fence around the perimeter of their property within a large Westchester County condominium community that we represented.

 

In rejecting plaintiffs’ selective enforcement theory, Westchester Supreme Court Justice Everett granted our summary judgment motion on behalf of the Home  Owners Association(HOA), as well as the relief sought in our counterclaim, by applying New York’s business judgment rule:

 

“Fieldpoint has made a prima facie showing that the Board acted in good faith, within the scope of its authority, and that it had a legitimate condominium purpose when it denied approval of plaintiffs’ after-the-fact non-conforming fence applications, and plaintiffs have failed to make a prima facie showing that it did not.  …

Court Upholds Arbitration Clause on MSSSV’S Pre-Answer Motion to Dismiss

Supreme Court Justice Manuel J. Mendez in New York County granted our motion to dismiss plaintiff’s complaint against our client, The Dwight School. The plaintiff, a former teacher at the school, claimed that she was discriminated against based on her national origin pursuant to the broad provisions of the New York City Human Rights Law. …