Harrington, Ocko & Monk’s managing partners, Kevin J. Harrington and Glenn A. Monk, recently wrote an article on “Construction Accidents on the Rise: How to Prevent Criminal Prosecutions for Workplace Accidents,” that was featured in the June issue of Construction Today. Check out the article here: http://bit.ly/2tzMgSA
*Copright 2017, Knighthouse Publishing. Reprinted with permission*
Kevin Harrington, managing partner of the Commercial Litigation practice group, participated as a member of a panel on a presentation on “Cybersecurity: The Challenges Today’s Companies Are Facing and How to Manage the Risks” to a group of over 60 Westchester County business executives on May 31, 2017, in White Plains, New York. This Power Breakfast seminar was presented by the Business Council of Westchester. Click here for more information: http://bit.ly/2s4Y2Uo
Harrington, Ocko & Monk’s attorneys, Paul Howansky and Ben Goldberg, recently wrote an article on the “Types of Insurance Businesses Should Consider,” that was featured in both the Fairfield County Business Journal and the Westchester County Business Journal. Please see below to read the article and learn more about how business owners can purchase the right insurance to protect their business from worst case scenarios.
Harrington, Ocko & Monk LLP congratulates Melissa Cintron and Dawn Foster on their selection to the New York Metro Super Lawyers Top Women List.
Harrington, Ocko & Monk, LLP is pleased to announce that Benjamin Goldberg has joined the firm as an associate in the Insurance Defense practice group, where he will handle a variety of construction site accidents, premises liability matters and insurance coverage claims. Ben has handled matters involving personal injury accidents, premises liability, and insurance coverage disputes and has also practiced corporate and securities law and drafted and negotiated contracts and agreements. Ben received his J.D. from Fordham University School of Law where he was a Mary Daly Scholar, a member of the Fordham Journal of Corporate and Financial Law, and a member of Brendan Moore Trial Advocacy.
Our very own managing partner, Glenn A. Monk, was interviewed by Construction Dive and featured in their article entitled “The Dotted Line: How Employers Can Protect Construction Workers From External Threats.” The Dotted Line series takes an in-depth look at complex legal issues facing the construction industry. Check out the article here to learn more: http://bit.ly/2ns7SeB
Our very own founding partner, Kevin Harrington, was interviewed by Marsha Gordon, President of the Business Council of Westchester for WVOX radio out of New Rochelle, New York on Monday, February 27, 2017. Kevin discussed his legal career, the work he does at Harrington, Ocko & Monk, LLP and some top legal issues that businesses are facing today. Click here for the full interview: http://bit.ly/2m4bnty
Michael Freudenberg, a partner in the Commercial Litigation Practice Group, was a guest speaker at the Putnam County Bar Association’s Member Lunch Meeting, on February 8th, in Carmel, New York. Michael spoke on developing legal issues involving drones that all attorneys should be generally familiar with. The speech was well-received by the members and likely will be turned into a 2 hour CLE sponsored by the Putnam County Bar Association later this year.
Harrington Ocko & Monk LLP is proud to have taken part in and be a sponsor at the 2016 Golf Classic for The Francis Pope Memorial Foundation. The Frances Pope Memorial Foundation strives to offer financial and emotional support to families dealing with the challenges of a sick child. The money raised helps to pay expenses associated with caring for children with cancer that are not covered by insurance and attempts to respond to the unique needs of each individual family.
John Rosenthal, Senior Counsel at Harrington, Ocko & Monk, LLP was recently featured in Thomson Reuters Westlaw Journal’s Intellectual Property Issue, with an expert analysis entitled “Bots and the Bottom Line: The Copyright Act and the DMCA.” John shares his view on video game publishers and their ability to protect themselves from malicious software or bots through the Digital Millennium Copyright Act.
Glenn Monk, managing partner of the Insurance Defense practice group at Harrington, Ocko & Monk, LLP was recently quoted in Cornerstone Magazine, the official publication of the Association of General Contractors of New York, regarding his thoughts, from a lawyer’s perspective, on the practice of taking pictures of violations observed during a safety walkthrough of a jobsite. There are differing opinions and viewpoints regarding this practice with the common goal of maintaining a safe jobsite. As Glenn points out, “the challenge presented by the taking of photographs of site conditions requires balancing how they can be used to help enforce safety and document a trade’s performance on the one hand against the risk that they can be used against the company in an enforcement proceeding or litigation to weaken or challenge your best position.” For a better understanding of the issue and the different perspectives, click on the link for the full article: http://bit.ly/2htGyfO
Harrington, Ocko & Monk, LLP partner, I. Paul Howansky, will be speaking at the NYSBA, Torts, Insurance and Compensation Law Section CLE on Labor Law Claims, Coverage & Litigation on Thursday, December 15, 2016 on the topic of “Issues Between Defendants, Third-Parties and The Insurers” at the Long Island Melville Marriott Hotel, Melville, New York. Click here for more information and to register for this event: http://bit.ly/2gPWjuJ
Harrington, Ocko & Monk, LLP participated in the Westchester County Bar Association’s campaign to support the local not-for-profit organization United For the Troops, collecting snacks, toiletries, and sundries to send overseas to troops serving abroad. Pictured are partners Robert Ocko, Kevin Harrington, and Glenn Monk, as well as Eddie Santiago and John Rosenthal, both Veterans, and Ana Arroyo, a Vet Mom.
Harrington, Ocko & Monk, LLP is pleased to announce that Ray Serina has joined the firm as an associate in the Insurance Defense practice group, where he will handle a variety of construction site accidents, premises liability matters and insurance coverage claims. Ray has been an Assistant District Attorney at the Bronx District Attorney’s office in the Trial, Grand Jury and Criminal Court bureaus. Ray has extensively handled witness interviews, motion practice, plea negotiations, and conducted trials.Ray received his J.D. from Fordham University School of Law where he was a member of the Fordham Journal of Corporate and Financial Law and he received his undergraduate degree from Villanova University.
Harrington, Ocko & Monk, LLP partner, Kevin J. Harrington, spoke at the 30th Annual Construction Industry Tech Conference on December 7, 2016, sponsored by the New York State Chapter of the Association of General Contractors, on the topic of “How to Avoid & Defend Criminal Prosecutions for Work Site Accidents” at the Saratoga Hilton in Saratoga Springs, New York. Among some of the issues to be addressed include instances where individual prosecutions have occurred; enforcement standards and inspections; recent trends in prosecution of safety violations; proactive steps contractors should implement; analysis of cases where contractors were convicted and cases where criminal prosecution was avoided or successfully defended. Click here for more information: http://bit.ly/2g3WG4e
Harrington, Ocko & Monk, LLP partner Michael Freudenberg was recently interviewed by Habitat Magazine and featured in an article entitled “Building Defects: The Power of a Google Search” in the November issue of their magazine.
Harrington, Ocko & Monk partner, Kevin J. Harrington, spoke at the Employment Law: Rights, Benefits and Emerging Issues seminar, on the topic of “The Ever Changing Landscape of FLSA/Wage & Hour Issues” sponsored by Sterling Education Services, Inc. on Thursday, November 10, 2016 at the Crowne Plaza, White Plains Downtown. Click here for more information about the event: http://bit.ly/2exCmGE
Harrington, Ocko & Monk, LLP partners Glenn A. Monk and I. Paul Howansky were recently interviewed by Construction Dive and featured in an article entitled “Beyond the Job Site: How Construction Companies Can Keep Bystanders Safe.” Check out the article here: http://bit.ly/2eLICwe
Harrington, Ocko & Monk, LLP is pleased to announce that Dominic S. Curcio, a partner, and Matthew R. Bremner, an associate, both in the Insurance Defense practice group, spoke at the Westchester County Bar Association, Paralegal Committee’s “Skillfully Handling Your First Deposition: 10 Tips for Success” on Thursday, October 27, 2016 at the WCBA Headquarters, One North Broadway, Suite 512 White Plains, NY. Click here for more information and to register for the event: http://bit.ly/2dWNaAT
Harrington, Ocko & Monk, LLP is proud to announce that Kaitlyn Acerbo, a paralegal in the firm’s Insurance Defense Practice Group, was featured as the Member Spotlight in the Westchester County Bar Association’s magazine, Westchester Lawyer. Click here to read Kaitlyn’s full article: http://bit.ly/2entXIo
Harrington, Ocko & Monk LLP proudly announces that the firm has again been selected to the 2016 New York Metro Super Lawyers list based on, among other things, peer recognition and professional achievements. Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Harrington, Ocko & Monk, LLP congratulates its founding partners Kevin J. Harrington, Robert S. Ocko and Glenn A. Monk as well as our attorneys Adam G. Greenberg, I. Paul Howansky, Melissa Cintron, Dawn M. Foster, Michael W. Freudenberg, John T.A. Rosenthal and Joan S. Silverman for their selection to the 2016 New York Metro Super Lawyers list. The firm would also like to congratulate Matthew R. Bremner and Matthew O. Sullivan for their selection to the 2016 New York Metro Rising Stars.Harrington, Ocko & Monk, LLP is also proud to announce that Kevin J. Harrington, Glenn A. Monk and Michael W. Freudenberg were selected to THE TOP 25 List of attorneys in Westchester County, New York.Additionally, Harrington, Ocko & Monk, LLP will appear in The New Yorker magazine, in a special section, the Super Lawyers Publisher’s list, “50 Law Firms Professionals Should Know About.”
Michael Freudenberg, Co-Chair of the Westchester County Bar Association Business & Commercial Law Committee was the moderator and speaker at the WCBA CLE entitled “Evolving Drone Legal Issues” on Thursday, September 29, 2016 at 445 Hamilton Avenue, White Plains in the Second Floor Conference Room. Click here for more information: http://bit.ly/2doIwcr
Glenn Monk spoke at the Eleventh Annual Law School for Insurance Professionals on Thursday, September 15, 2016 on the topic of Premises Liability. The event, presented by the Torts, Insurance & Compensation section of the New York State Bar Association, was a full-day seminar where coverage and defense attorneys shared their knowledge and experience with insurance professionals from around New York. Click here for more information on this event: http://www.nysba.org/LSIP2016/
Robert Ocko was mentioned in Real Estate Weekly for his representation in RSP, LLC’s building purchase at 90 South Ridge Street in Rye Brook, New York from BRG Rye Brook, LLC. Check out the story here: http://bit.ly/2a3dSX3
Melissa Cintron, a partner at Harrington, Ocko & Monk, LLP, was recently featured in TechInsurance’s article Technology Contractor Insurance Checklist: 3 Essential Policies. Check out the article here, where Melissa comments on the importance of Professional Liability Insurance: http://bit.ly/2bfcyOt
Matthew Bremner of Harrington, Ocko & Monk, LLP, presented at the New York State Bar Association’s CLE program “Bridging the Gap” lecture series on Skillfully Handling Your First Deposition, 10 Tips for Success, which was attended by over 500 admitted lawyers and video-fed to locations throughout the state.http://www.nysba.org/BridgingtheGap/.
John Rosenthal, Senior Counsel at Harrington, Ocko & Monk, LLP was recently featured in 914INC. Magazine’s The Advice Issue. John shares his advice on steering clear of email marketing penalties. Check out his article: http://bit.ly/2aJBUX2
Kevin Harrington, Managing Partner of the Commercial Litigation practice group at Harrington, Ocko & Monk, LLP recently spoke at the Westchester County Bar Association, Law Practice Management Committee event about “Cyber Security: How Confidential is Your Confidential Information; Threats, Exposures & Solutions.”
Robert S. Ocko, Managing Partner of the Real Estate and Corporate Practice Groups at Harrington, Ocko & Monk, LLP represented RSP Group, LLC in the acquisition of 90 South Ridge Street, Rye Brook, New York for $11.1 million from BRG Rye Brook, LLC on April 28, 2016. The building is a glass, two-story, 75,000 square foot, commercial office and medical building. The building is occupied by first class medical and professional tenants. Mr. Ocko has represented numerous commercial real estate clients in multi-million dollar transactions in Westchester and throughout the metropolitan area for more than 25 years.
Glenn A. Monk, Managing Partner of the Insurance Defense practice group at Harrington, Ocko & Monk, LLP, was recently awarded the John E. Leach Memorial Award for 2016 in recognition of his outstanding service and distinguished contributions to the legal profession as a member of the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Mr. Monk has more than 30 years of experience as a trial attorney specializing in tort defense litigation.
The firm is pleased to share “Avoiding Denial of Your Insurance Claim: Know What You Paid For,” an article written by Melissa Cintron, a partner at Harrington, Ocko & Monk published by Westfair Online. To see the article please click here: http://bit.ly/1LxnCBI
The firm is pleased to share “What You Need to Know About Additional Insured Endorsements in New York,” an article written by I. Paul Howansky, Partner, and Dawn M. Foster, Associate, at Harrington, Ocko & Monk published by Construction Today. To see the article please click here: http://bit.ly/1LfSPyu
Paul Howansky, a partner in the firm’s Insurance Defense Litigation practice group, recently succeeded in obtaining an affirmed dismissal of a Labor Law 241(6) action from the Appellate Division, First Department. The issue on appeal concerned whether the Appellant, a construction worker with nearly 30 years of experience, could recover for injuries sustained as a result of his own decision to jury-rig and misuse a saw contraption that he knew was unsafe and not designed for the task at hand. The Appellate Division, citing the fact that Appellant worked alone and used only his own tools and equipment, was the sole proximate cause of his accident and that the manner in which the saw contraption was rigged rendered compliance with the Industrial Code sections relied upon by Appellant an impossibility.
Harrington, Ocko & Monk, LLP is pleased to announce that Michael W. Freudenberg has become a Partner in the Commercial Litigation Department. Michael also handles other transactional matters and provides outside general counsel services. He has most recently spearheaded the Firm’s Construction Blog as well as being the Co-Chair of the Corporate and Commercial Law Committee of the Westchester County Bar Association. Michael was an organizer, speaker and moderator at the WCBA E-Discovery CLE in February 2015 and intends to present another CLE on the commercial use of drones sometime in late 2016.
Harrington, Ocko & Monk, LLP is pleased to announce that John T. Rosenthal has become Senior Counsel in the Commercial Litigation Department. John has played a lead role in developing the firm’s practice dealing with the enforcement of intellectual property rights (under the Digital Millennium Copyright Act) against various kinds of infringement. John is also actively involved in defending clients against lawsuits involving the Federal CAN-SPAM Act which relates to false or deceptive email marketing.
Harrington, Ocko and Monk, LLP (HOM), got into the holiday season this year by donating its time and efforts to two meaningful Westchester organizations, The SPCA of Westchester and The Pajama Program. Each year, the SPCA of Westchester has a Wish List of items needed for its shelter. HOM filled two baskets with needed items from their Wish List to help stock the shelves. HOM also donated goods to The Pajama Program whose mission is to provide One Million Good Nights. The organization holds reading parties for children who can pick out new pajamas and a new book. Again, HOM filled two baskets of new books and pajamas for the local Westchester Chapter. Additionally, Harrington, Ocko & Monk sent holiday cards to the American Red Cross to distribute to wounded American soldiers recovering in various hospitals letting them know their services are greatly appreciated.
On December 2, 2015, Glenn Monk and Matthew Bremner of Harrington, Ocko & Monk, LLP, presented at the New York State Bar Association’s CLE program “Bridging the Gap” lecture series on Skillfully Handling Your First Deposition, 10 Tips for Success, which was attended by over 500 admitted lawyers and video-fed to locations throughout the state.
In a recent decision, the Court of Appeals in Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66, 19 N.Y.S.3d 802 (2015) reviewed three trivial defect cases and ultimately set forth principles that make it challenging to win on this theory alone. In Hutchinson, the Court of Appeals cited to the Appellate Division, First Department case of Cassizzi v. Fordham University, 101 A.D.3d 645, 957 N.Y.S.2d 856 (1st Dep’t 2012), to reject Plaintiff’s argument that the trivial defect doctrine should be limited to municipal defendants or cases involving accidents on sidewalks. In Cassizzi, the Court affirmed the grant of summary judgment to our client, Fordham University, when the Plaintiff slipped and fell while descending an set of interior stairs within a building on Fordham’s campus. The Court in Cassizzi found that the photographs of the subject stair and the affidavit of plaintiff’s expert demonstrated that the defect in the stair was trivial. Further, the Court found that Cassizzi failed to present evidence indicating that the defect presented a significant hazard, notwithstanding its minimal dimension, by reason of its location, adverse weather or lighting conditions or other circumstances giving it the characteristics of a trap or snare. Glenn A. Monk and Dawn M. Foster litigated the case and Dawn M. Foster wrote and argued the brief at the Appellate Division.
Harrington, Ocko & Monk LLP proudly announces that the firm has again been selected to the 2015 New York Metro Super Lawyers® list. Harrington, Ocko & Monk, LLP congratulates its founding partners Kevin J. Harrington, Robert S. Ocko and Glenn A. Monk as well as our attorneys Adam G. Greenberg, I. Paul Howansky, Melissa (Walters) Cintron, Dawn M. Foster, Michael W. Freudenberg and John T.A. Rosenthal for their selection to the 2015 New York Metro Super Lawyers® list. The firm would also like to congratulate Michael R. Wood and Matthew R. Bremner for their selection to the 2015 New York Metro Rising Stars. Additionally, Harrington, Ocko & Monk, LLP is proud to announce that Kevin J. Harrington and Glenn A. Monk were selected to the TOP 25 list of attorneys in Westchester County, New York.
Paul Howansky, a partner in the firm’s Insurance Defense Litigation practice group, recently obtained summary judgment on behalf of its client in a wrongful death lawsuit involving a construction worker falling from a roof. In the motion, Mr. Howansky initially established that the accident arose out of the means and methods of the Decedent’s roofing work, not as a result of any dangerous worksite condition. Mr. Howansky then successfully argued that the client, as owner of the building, exercised no supervision or control over the Decedent’s work and therefore could not be held liable under Labor Law 200 or common law negligence. Consequently, we were able to obtain a conditional order of indemnification over and against the Decedent’s employer under both contractual and common law indemnification grounds, thus paving the way for reimbursement of the client’s defense costs.
Michael Freudenberg, Co-Chair of the Westchester County Bar Association Corporate & Commercial Law Committee will be the moderator and speaker at the WCBA CLE entitled “Catch It While You Can: Understanding the Duty to Preserve and Collect Electronic Evidence” on Wednesday, February 25, 2015 at Pace Law School