February 2021 Vol
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The Journal of the Nassau County Bar Association February 2021 www.nassaubar.org Vol. 70, No. 6 Follow us on Facebook NCBA Dinner Gala Update NCBA COMMITTEE The NCBA Dinner Gala, held our honorees deserve to be recognized MEETING CALENDAR Page 17 annually in May, is the largest social despite the circumstances. In light of this event of the Nassau County Bar decision, the Bar will move forward with Association. In spring 2020, the the creation of the Dinner Gala Journal, COVID-19 Pandemic forced the NCBA which highlights the accomplishments SAVE THE DATE to postpone the May 2020 Gala to of our honorees. The journal is an LAW DAY ensure the safety of all. The Gala was invaluable way to show support for the Advancing the Rule of Law Now rescheduled to Saturday, May 8, 2021 at honorees in a safe and contact-free way. the Long Island Marriott. Unfortunately, Due to the event’s delay, the NCBA will Thursday, April 29, 2021 due to the progression of COVID-19, Christopher T. McGrath Hector Herrera honor not only last year’s fi fty-, sixty-, See pg. 6 for details and concerns for the health and safety and seventy-year honorees, but this year’s of staff and guests, the NCBA has made at Sullivan, Papain, Block, McGrath, as well. the diffi cult decision to further postpone Coffi nas & Cannavo; President’s Within this issue, you will fi nd a the May Gala. The Bar will announce Award Recipient Hector Herrera, journal ad form listing ad options, WHAT’S INSIDE a new date for later in 2021 when it is NCBA Building Manager; and NCBA pricing, and the full names of all S.D.N.Y. Holds That Restaurants Are Not determined that it is safe for guests to Members who have been admitted to honorees. To purchase a journal ad, attend an in-person event. the New York Bar for fi fty, sixty, and forward the ad form to the NCBA Entitled to Insurance Coverage for Lost The honorees being recognized this seventy years for their years of service to Special Events Department at Revenues Due to COVID-19 pg. 3 year include 77th Distinguished Service the legal profession. [email protected] or contact Access to Justice: Past, Present, Medallion Honoree, Christopher T. Although the Coronavirus has (516) 747-4071. We hope you will join McGrath, NCBA Past President, Past hindered the NCBA from being able us in paying tribute to these deserving and Future pg. 5 Co-Chair of WE CARE, and Partner to hold large in-person gatherings, individuals. Review on Dog Bites in Light of Hewitt pg. 6 Housing Discrimination Issues Related Virtual Recognition Reception to Honor to COVID-19 pg. 7 Impact of Court of Appeals’ Holding in 2018-2019 Attorney Volunteers for Service Rodriguez v. City of New York pg. 8 Gale D. Berg A Suspension? A Toll? None of acknowledging volunteers from 2018- Channer, Nassau Suff olk Law Services, 2019 for their eff orts, commitment to and the Safe Center LI will host a virtual the Above? Scope of Executive Each year, hundreds of Nassau service, and the generous donation recognition event on March 3, 2021. County attorneys donate their time Order 202.8 pg. 9 of their time, NCBA Access to Justice All members are invited to attend and talent to aid Nassau residents who Committee Chairs Rosalia Baiamonte, to acknowledge these inspiring Lessons on Civility for Attorneys pg. 10 cannot otherwise aff ord adequate legal Kevin McDonough, Vice-Chair Sheryl professionals. Additional details to follow. School During a Pandemic: Legal assistance. In years past, the NCBA, the Counsel for Students pg. 11 Safe Center LI, and Nassau/Suff olk Law Services have honored those FROM THE BENCH: Conducting Trials volunteers at a cocktail reception held During the Pandemic—Who Is in at Domus. Law fi rms are recognized in Charge Here? pg. 14 three categories by size—including large, medium, and solo practitioners or small Reshaping the World: Abby Mann’s fi rms—and ranked by the total number Judgment at Nuremburg pg. 15 of combined pro bono service hours provided to the three organizations. The most recent event held in May 2018 recognized those who volunteered their time in 2017 to assist Nassau OF NOTE County residents with issues related to NCBA Member Benefit—I.D. Card Photo mortgage foreclosure, landlord/tenant, Obtain your photo for Secure Pass bankruptcy, wills, senior issues, and a Court ID cards host of other areas. Last year’s ceremony was postponed Only For New Applicants due to COVID-19 and scheduling Cost $10 issues. To avoid any further delays in UPCOMING PUBLICATIONS CONFIDENTIAL HELP IS AVAILABLE TO LAWYERS AND JUDGES COMMITTEE MEETINGS alcohol or drug use, depression or other mental health problems Thursday, March 4, 2021 at 12:45 PM Call Lawyer Assistance Program Thursday, April 1, 2021 at 12: 45 PM (888)408-6222 2 February 2021 Nassau Lawyer 2020 Holiday Staff Fund A special thank you to the following individuals and firms for generously donating to the 2020 Holiday Staff Fund. Aiello & DiFalco LLP Gassman Baiamonte Gruner, PC Maureen McLoughlin Bruce W. Albert The Genoa Family Jeff rey Moskovic DDS, JD Annabel Bazante Law, PLLC Gene Ginsberg Daniel Palmieri and MaryEllen O’Brien Michael J. Aronowsky John J. Giuff ré Paul J. Petras Hon. Leonard B. Austin Dorian R. Glover The Petrocelli Family Rosalia Baiamonte Alan Goldman, JD CPA John P. Reali, Esq. Bartol Law Firm, PC Douglas Good Susan Katz Richman Donna M. Brady Frank A. Gulotta Jr. Marc W. Roberts Esq. Roland P. Brint, Esq. Martha V. Haesloop Kenneth L. Robinson Lauren Bristol Hansen & Rosasco, LLP Daniel W. Russo Hon. Lisa A. Cairo Hon. Patricia A. Harrington Rebecca Sassouni Capell Barnett Matalon & Schoenfeld LLP Hoff man & Behar, PLLC Schlissel Ostrow Karabatos, PLLC Chris and Elisabetta Coschignano Hon. Steven M. Jaeger Lois Schwaeber Peter V. Christiansen, Esq. James P. Joseph Hon. Mavin E. Segal Collins Gann McCloskey & Barry PLLC Evelyn Kalenscher, Esq. Hon. Denise L. Sher Comerford & Dougherty, LLP Richard Kestenbaum, Kestenbaum & Mark LLP Ira S. Slavit Hon. William J. Corbett Hon. Susan T. Kluewer Robert A. Smith Brian J. Davis S. Robert Kroll Jeff rey E. Soukup Nicholas DeSibio John. F. Kuhn Sanford Strenger Daniel J. Dillon LaRusso Conway & Bartling Andrew M. Thaler Edward J. Donovan A. Thomas Levin Charlene J. Thompson Famighetti & Weinick PLLC Marilyn and Lou Levine Peter J. Tomao Samuel J. Ferrara Peter H. Levy Vishnick McGovern Milizio LLP Dana J. Finkelstein Scott Limmer Kathleen Wright Bernadette K. Ford, Chair, Civil Rights Committee Greg Lisi John M. Zenir, Esq. PC Franchina Law Group LLC Jay A. Marshall, Esq. George P. Frooks Kenneth L. Marten AttorneyAttorney Grievance Grievance & & DisciplinaryDisciplinary Defense Defense AnAn allegation allegation of ofprofessional professional misconduct misconduct can can tarnish tarnish your your reputationreputation and and place place your your law law license license in injeopardy. jeopardy. Let Let the the APPELLATE experiencedexperiencedteamteam of ofDavid David H. H. Besso Besso and and Michelle Michelle Aulivola Aulivola COUNSEL helphelp you you achieve achieve a favorablea favorable result. result. Christopher J. Chimeri is frequently sought by colleagues in the legal community to provide direct appellate representation for clients, as well as consulting services to fellow lawyers. Results-driven solutions to family law challenges DavidDavid H. H.Besso, Besso, past past Chairman Chairman MichelleMichelle Aulivola Aulivola has has of theof the Grieva Grievancence Committee Committeeforfor the the defendeddefendedattorneysattorneys th The firm’s appellate team is highly equipped to 1010Judicialth Judicial District District and and past past President President involvedinvolvedin attorneyin attorney navigate, or help you navigate, the complexities and of theof theSuffolkSuffolk County County Bar Bar Association, Association, disciplinarydisciplinary matters mattersandand nuances of appellate practice, including all aspects of hashas been been representing representing attorneys attorneys for for grievangrievance ceinvestigations investigations matrimonial and family law in all departments in New moremore than than twenty twenty years. years. forforthethe past pastfifteenfifteen years years. York State and the Court of Appeals, as well as civil and commercial matters in the Federal Courts. LongLong Tuminello, Tuminello,LLPLLP 120120 Fourth Fourth Avenue Avenue BayBay Shore, Shore, New New York York 11706 11706 (631)(631)666666-2500-2500 888 Veterans Memorial Hwy, Suite 530, Hauppauge, NY | 631.482.9700 www.longtuminellolaw.com 320 Old Country Rd, Suite 206, Garden City, NY | 516.739.7500 www.longtuminellolaw.com WWW.QCLAW.COM Nassau Lawyer February 2021 3 FOCUS: S.D.N.Y. Holds That Restaurants Are Not INSURANCE LAW Entitled to Insurance Coverage for Lost Revenues Due to COVID-19 coverage for the following reasons: (1) coverage” only applies if the “business denied to the restaurant. There are Sparks did not sustain any physical income coverage” applies. Moreover, no allegations that delivery workers, damage; (2) Sparks failed to satisfy any the “extra expense coverage” requires restaurant employees, or customers of the necessary prerequisites for “civil physical loss or damage to property, could not access the location. Rather, authority coverage;” and (3) certain which is not alleged in Sparks’ complaint. the governmental orders only limited the exclusions, including the virus exclusion, The court also rejected Sparks’ claim services to be provided by restaurants to precluded coverage under the Admiral for coverage under the “civil authority Michael C. Cannata and Frank Misiti take-out or delivery services, it did not policy. As a result of the disclaimer, coverage.” The court held that Sparks limit access to non-Sparks employees. n response to the COVID-19 Sparks commenced a declaratory failed to plead the required prerequisites Thus, Sparks failed to satisfy the second pandemic, the governor of New judgment action against Admiral seeking to coverage, namely, that: (1) there was prerequisite for coverage under “civil York—along with governors in payment for its losses under its insurance damage to property other than property Imany other states—issued governmental policy.