Angelo Bongiorno, Author at Bongiorno, Montiglio, Mitchell & Palmieri, PLLC

Indemnity Agreement + Insurance Procurement Clause = Risk Transfer

Angelo Bongiorno — Thu, 07 Aug 2025 19:05:37 +0000

Angelo Bongiorno was successful in the Appellate Division, Second Department on Appeal of a Decision/Order of Justice Felice Muraca of Supreme Court, Nassau County in Arnold v. RJJR Corp. and SF Beach Spa, LLC (2d Dep’t August 6, 2025).

The lower court dismissed our client’s cross-claim for contractual indemnification and denied our Cross Motion for Summary Judgment on our Cross Claim for Contractual Indemnification from SF Beach Spa, LLC.

The Appellate Division found that Judge Muraca should have Granted our Cross Motion for Summary Judgment on our Cross Claims for Contractual Indemnification against SF Beach Spa, LLC and Denied SF Beach Spa, LLC’s Motion seeking dismissal of our Cross Claims, as a Commercial Lease Agreement, negotiated between two sophisticated parties, where a Lessor and Lessee freely enter into an indemnification agreement whereby they use insurance to allocate the risk of liability to third parties between themselves, General Obligations Law does not prohibit indemnity.

The post Indemnity Agreement + Insurance Procurement Clause = Risk Transfer appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

NY Dram Shop claims against Copacabana Dismissed

Angelo Bongiorno — Sun, 22 May 2022 17:14:06 +0000

Angelo J. Bongiorno’s motion to Dismiss all claims against the Copacabana defendants was Granted by Judge Lisa Headley of Supreme Court, New York County after oral arguments. The plaintiff, a pedestrian, was injured when struck by a car driven by co-defendant, Trotman, who claimed that he became intoxicated at Copacabana. Trotman testified that several days before the accident, he purchased a $300 birthday package, which came with 2 bottles of alcohol and admission for 6 people. Trotman poured himself drinks. He did not buy any additional alcohol on the night in question. Non-party witnesses that were celebrating with Trotman that night testified that Trotman was visibly intoxicated when someone brought an additional bottle to the table after 1:00 am, but they did not know who brought it or what was in the bottle. Judge Headley agreed with our arguments that counsel for plaintiff’s arguments that the testimonies reveal that additional alcohol was served by Copacabana staff after Trotman was visibly intoxicated was mere speculation and found that plaintiff failed to establish that Copacabana served alcohol to Trotman while he was visibly intoxicated. Denenberg v. 268 West 47th Rest., Inc., individually and d/b/a Copacabana, and 760 8th Ave. Rest., Inc., individually and d/b/a Copacabana, et al.

The post NY Dram Shop claims against Copacabana Dismissed appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

Bar not liable for plaintiff slashed in bar fight

Angelo Bongiorno — Fri, 11 Mar 2022 16:39:55 +0000

Angelo J. Bongiorno and Alexys M. Carter of Bongiorno, Montiglio, Mitchell & Palmieri, PLLC were successful in obtaining dismissal for our clients, HJK 86, Inc. d/b/a Tavern on Tamaqua Green, Tamaqua Bar and Grill, Tavern on Tamaqua Greens and HJK 86, Inc. (collectively, “Tamaqua”) in the case of Klein v. Tamaqua Bar and Grill, et. al, Orange County, Justice James L. Hyer. The plaintiff, 28 years old at the time of the alleged accident, was a regular at our client’s bar. He was attending a birthday party for a friend. Also at the bar that evening was co-defendant, Steven Seaman, who was helping his friend operate his BBQ tent, which was set up in the bar’s parking lot. Shortly before midnight, the birthday boy and another friend were involved in a verbal altercation that turned physical. Once it turned physical, plaintiff involved himself in their dispute and pulled the men apart. As the plaintiff pulled his friends apart, other friends began to threaten the co-defendant, Seaman, who had come inside the bar. In order to deter the threats, Seaman wielded his pocket knife. Upon seeing this, plaintiff lunged forward towards Seaman and was cut on the forearm by the knife in the process. Plaintiff alleged inter alia that Tamaqua employed Seaman and were responsible for his acts and that the bar did not provide proper security and as a result, were responsible for the plaintiff’s injuries. We advised the plaintiff that Parent and Butryn has no personal liability and were not proper defendants in this case and plaintiff discontinued as to them prior to the close of discovery. Once discovery was complete, we moved for summary judgment arguing that Tamaqua had no duty to keep the plaintiff safe from an unforeseeable occurrence, especially when he was the intervening and superseding cause of his accident. We also argued that Seaman was not our client’s employee. The motion was granted by Judge Hyer dismissing the plaintiff’s claims our clients. Klein v. Tamaqua Bar and Grill, et al.

The post Bar not liable for plaintiff slashed in bar fight appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.

Construction Manager not liable for plaintiff’s trip and fall in a parking lot adjacent to the construction zone

Angelo Bongiorno — Thu, 25 Oct 2018 16:41:10 +0000

Angelo J. Bongiorno and Alexys M. Cater successfully obtain summary judgment dismissing all claims and cross claims against Liro Program and Construction Management, PE, PC, EF (LIRO) arguing that the deposition testimonies demonstrate that LIRO did not own, occupy, control or derive any special use from the parking lot where plaintiff tripped and fell. In addition, we argued that there was no evidence that LIRO created the alleged dangerous defective condition. Judge David Reilly of Supreme Court, Suffolk County agreed with our arguments and found that LIRO did not owe plaintiff a duty and that plaintiff merely speculated that the alleged dangerous condition was created by LIRO. Lindstrand v. Liro Program and Construction Management, PE, PC, EF, et al.

The post Construction Manager not liable for plaintiff’s trip and fall in a parking lot adjacent to the construction zone appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.