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.

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BMMP is a Proud Supporter of the Diabetes Research Institute Foundation

BMMP — Fri, 17 Nov 2023 17:03:45 +0000

On November 17, 2023, the Diabetes Research Institute Foundation held its annual event to support its ongoing research to find a cure for diabetes.

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Supreme Court, Queens County Dismisses Complaint Against Fire Insurer

BMMP — Fri, 06 Oct 2023 14:53:53 +0000

On September 21, 2023, in Xiao Dong Lin v. Hyundai Marine & Fire Insurance Company, et al., Judge Sally E. Unger granted our pre-answer motion to dismiss the complaint, based on documentary evidence, and held that our client rightfully rescinded the subject fire insurance policy due to material misrepresentation. The plaintiff argued that based on policy renewals, plaintiff’s material misrepresentation was waived. In contrast, BMMP’s William J. Mitchell presented undeniable and uncontroverted evidence of a material misrepresentation in the insurance application, which allowed the insurer to void the policy ab initio. The Court dismissed the complaint in its entirety. The Decision can be read here

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BMMP Wishes Our Summer Law Clerks Well !

BMMP — Fri, 06 Oct 2023 14:49:36 +0000

BMMP extends our best wishes as our 2023 summer law clerks head back to law school.

Good luck to Jonathan, Sadia, and Emily!

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Congratulations to BMMP’s William J. Mitchell on SCOTUS Admission

BMMP — Fri, 06 Oct 2023 14:46:41 +0000

BMMP member William J. Mitchell was admitted to the Supreme Court of the United States on May 11, 2023. Congratulations Bill!

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Congratulations to BMMP’s Ingrid Angulo for a First Place Finish!

BMMP — Tue, 04 Apr 2023 18:12:53 +0000

BMMP’s Ingrid Angulo took first place in the St. John’s School of Law Dispute Resolution Society’s 1L Internal Negotiation Competition. With her teammate Paul Papatoniou, both Class of 2025, Ingrid (second from left) did a great job at this unique dispute resolution forum hosted in affiliation with the Hugh L. Carey Center for Dispute Resolution. Congrats!

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Supreme Court, Richmond County, Dismisses Labor Law Claims Against Homeowner

BMMP — Thu, 02 Mar 2023 01:17:57 +0000

The personal injury plaintiff, an HVAC contractor, alleged New York Labor Law claims against our client, alleging that a flying object that struck him created strict liability against the defendant homeowners. BMMP’s William J. Mitchell filed a Motion to Dismiss the complaint, arguing that the defendant homeowners were exempt from such claims. Judge Wayne M. Ozzi agreed, writing that the “uncontroverted evidence” demonstrated that the subject premises “is a one family home constituting defendants’ residence, and that they did not direct or control plaintiff’s work.” The Decision in Overeem v. Jin can be read here

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Supreme Court, New York County, Dismisses Claim of the Owner of an Over-Occupied House

BMMP — Thu, 02 Mar 2023 01:14:10 +0000

On December 21, 2022, Judge Debra James granted our pre-answer motion to dismiss the complaint by a property owner seeking insurance coverage because the property owner over-occupied the subject house. In Xin Wang Chen v. Hyundai Marine & Fire Insurance Company, et al., BMMP’s William J. Mitchell presented undeniable and uncontroverted evidence of a material misrepresentation in the insurance application, which allowed the insurer to void the policy ab initio. The Decision can be read here

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New Jersey’s Supreme Court Upholds Insurer’s Right to Void Policy Based on the Policy’s Anti-Assignment Clause

BMMP — Mon, 07 Nov 2022 20:54:38 +0000

In Jian Shen v. Hyundai Marine & Fire Ins. Co., BMMP’s William J. Mitchell argued that the insured lost her insurable interest in the property once she conveyed that property to an LLC, even though she controlled the LLC. The Supreme Court of the State of New Jersey denied the plaintiff’s petition for certification, upholding the decisions of the Appellate Division of the Superior Court of New Jersey 2022 WL 1150954 as well as the decision of the Law Division, which held that both the policy and N.J.S.A. 17:36-5.19 prohibit such a transfer without the insurer’s consent. As such, the change in ownership was a material misrepresentation, our client was justified in voiding the policy from the beginning, and the complaint was dismissed. The Supreme Court’s Order can be viewed here.

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Supreme Court, Rockland County, Grants Summary Judgment on Material Misrepresentation Issue

BMMP — Thu, 16 Jun 2022 16:03:52 +0000

Judge Thomas P. Zugibe of the Rockland County Supreme Court granted summary judgment to our client, the defendant insurer, based on the plaintiff’s material misrepresentations when he applied for his dwelling policy. In Najman v. Hyundai Marine & Fire Ins. Co., Ltd., the plaintiff argued that the defendant insurer knew and allowed for the property to be unoccupied for an extended period. BMMP’s William J. Mitchell argued that the documentary evidence and testimony demonstrated no ambiguity and that plaintiff materially misrepresented occupancy. The Court agreed and dismissed the case. The Decision can be read here

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