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Elio M. Di Berardino is an associate in the firm’s General Liability, Tort, and Insurance Defense department. He focuses his practice in the areas of construction, labor law, insurance coverage, insurance bad faith, premises liability, products liability, banking, leasing, and other commercial matters. Elio represents businesses, commercial property owners, insurers, contractors, and subcontractors, obtaining favorable results for his clients in state and federal court.

Practice Areas

Industries

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • J.D., Fordham University School of Law, 1997
  • M.B.A., Pace University, Lubin School of Business, 1990
  • B.A., Fordham University, 1981

Representative Experience

  • Yevgeny Gorbatov v. Matfer, et al., 136 A.D. 3d 745 (2d Dep’t 2016) (obtained summary judgment on behalf of a major furniture retailer from the bench in products liability action which was later affirmed upon appeal).
  • Meah v. A. Aleem Construction, Inc., 105 A.D.3d 1017 (2d Dep’t 2013) (obtained summary judgment for insurer on grounds that contractor had materially misrepresented scope of work vitiating coverage which was later affirmed upon appeal).
  • Dario Temperino v. Dra, Inc., 75 A.D.3d 543 (2d Dep’t 2010) (obtained summary judgment for insurer on grounds that policy’s employee exclusion was sufficient to preclude coverage which was later affirmed upon appeal).
  • Kiss Construction NY, Inc. v. Rutgers Casualty Insurance Company, 61 A.D.3d 412 (1st Dep’t 2009) (obtained unanimous reversal for insurer on appeal on grounds that coverage was vitiated ab initio because of insured’s material misrepresentations).
  • Luis Carpio Sanchez v. Susan Nakamura, 34 Misc. 3d 1210 (A), 943 N.Y.S. 2d 790 (Sup. Ct. Queens Co. 2011) (obtained summary judgment for insurer based on the policy’s employee exclusion).

Professional and Community Activities

  • Member, New York State Bar Association
  • Member, American Bar Association
  • Member, Wedgwood Cooperative Board, Legal Counsel, and Board Member, 2010—Present

Honors and Awards

  • AV-rated, Martindale-Hubbell, 2011
  • Who’s Who in American Colleges and Universities, 1981
  • Pi Sigma Alpha, National Political Honors Society, 1981

Publications

  • Certificates of Insurance: Worth the Paper Upon Which They’re Written?, NYS Business Law Journal, Vol. 19, 31 (2015)

Foreign Languages

  • French
  • Italian
  • Spanish