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Sim R. Shapiro is a partner in the firm’s Insurance Services Group. He concentrates his work in the areas of complex tort defense, contractual and common law indemnity, insurance coverage, bad faith, employment law, and appellate advocacy. He has briefed and argued over 150 appeals, including the landmark New York Court of Appeals case of Boles v.  The Dormer Giant, Inc., 4 N.Y.3d 235, 825 N.E.2d 590, 792 N.Y.S.2d 375 (2005), which carved out an exception to New York Workers Compensation Law Section 11. He has tried numerous cases to favorable conclusions, achieving defense verdicts in both State and Federal Court. His extensive experience handling general liability claims as well as insurance coverage and indemnity matters has enabled him to successfully focus on loss transfer on behalf of his clients.

Mr. Shapiro often serves as counsel representing primary and excess insurers’ interests at trials involving their insureds. Based on his appellate and trial experience, he also works closely with trial counsel (internally and at other firms) by providing proactive assistance, including briefs and memoranda on critical legal issues. Additionally, he has lectured on topics such as Bad Faith, Workers Compensation Law Section 11, and Premises Liability for clients as well as legal organizations including the New York State Bar Association, Defense Association of New York, and New York Academy of Trial Lawyers.

Community & Pro Bono

  • President, Young Israel of White Plains, 2005-2008, 2016-2019
  • Member, Board of Directors, Westchester Torah Academy 2019-present

Education

  • Graduate of the Six-Year B.A./J.D. Program at Boston University, Bachelor of Arts, Magna Cum Laude/Juris Doctor, 1993
  • Clerkship: Hon. Samuel G. Fredman, Supreme Court, Westchester County, 1993

Bar Admissions

  • New York, 1994

Court Admissions

  • United States District Court, Southern and Eastern Districts of New York, 1995, Northern District of New York, 2020

Professional Affiliations

  • Member, Board of Directors, New York State Academy of Trial Lawyers
  • Member, New York State Bar Association

Representative Matters

Appeals:

  • Miller v. Camelot Comm. Group, Inc., 203 A.D.3d 628, 163 N.Y.S.3d 402 (1st Dept. 2022) [New trial on damages ordered based on reversal of trial court’s ruling that precluded use of plaintiff’s deposition transcript from prior lawsuit as statement of a party that had not been exchanged]
  • ACC Const. v. Merchants Mutual Ins., 200 A.D.3d 551, 161 N.Y.S.3d 10, 2021 (1st Dept. 2021) [Appellate Division affirmed that part of lower court’s ruling that found that summary judgment on insurer’s duty to indemnify was premature and added that co-insurance could not be determined due to plaintiff’s failure to name potential co-insurer as a party]
  • Branch v. 1908 West Ridge Rd., LLC., 99 A.D.3d 1362, _N.Y.S.3d (4th Dept. 2021) [Reversal of lower court’s granting of summary judgment to plaintiff on Labor Law §240 claim as incident was not elevation-related]
  • Mackay v.  Paliotta, 196 A.D.3d 552, 151 N.Y.S.3d 671 (2nd Dept. 2021) [Denial of summary judgment in favor of plaintiff affirmed in property damage claim action against marina arising from Hurricane Sandy]
  • Vista Eng.  Corp. v. Everest Indem. Ins. Co., 70 A.D.3d 915, 93 N.Y.S.3d 875 (2nd Dept. 2019) [Appellate Division remitted matter to Supreme Court for factual determination of whether insured had “substantial business presence” in New York for Insurance Law §3420 to be applicable]
  • Calvitti v. 40 Garden, LLC, 155 A.D.3d 1399, 64 N.Y.S.3d 776 (3rd Dept. 2017) [Appellate Division affirmed granting of summary judgment on claim against contractor for failure to procure insurance]
  • Mitchell v. NRG Energy, 142 A.D.3d 1366, 38 N.Y.S.3d 860 (4th Dept. 2016) [Appellate Division reaffirmed that anti-subrogation doctrine applies only to the limit of the applicable insurance policy]
  • Barreto v. Kotaj, 46 Misc.3d 47, 1 N.Y.S.3d 727 (App. Term 1st Dept. 2014) [Appellate Term ordered new trial on liability based on trial Court’s error in instructing jury on negligence theory in a case arising from employee’s assault]
  • Barnhard v. Cybex Intern., 89 A.D.3d 1554, 933 N.Y.S.2d 794 (4th Dept. 2011) [Appellate Division effectively reduced pain and suffering awards in case in which plaintiff sustained quadriplegia]
  • Tardif v. Town of Southold, 56 A.D.3d 755, 868 N.Y.S.2d 143 (2nd Dept. 2008) [In age discrimination claim, Appellate Division held that a plaintiff does not have a protectable property interest in order to maintain a due process claim merely because he achieved a score on a placement exam for police officer’s position that was sufficient to qualify him for eligibility list].

Trials:

  • Auto Tourismo Sport Ltd. v. Joe’s Service Repair (Supreme Court, Westchester County 2016) – Directed verdict in property damage arising out of fire in auto repair shop.
  • Shafran v. Bruni & Campisi (Supreme Court, Westchester County 2015) – Defense verdict in claim involving trip and fall over “Clean & Safe” material placed on floor by contractor.
  • White-Patrick v. Precision Marble (United States District Court, Southern District of New York 2015) – Defense verdict in action arising out of collision between sedan and 18-Wheeler.
  • Chase v. Kaplan (Supreme Court, Dutchess County 2013) – Defense verdict in claim against owner of dog that bit of part of plaintiff’s face, causing severe lacerations.
  • Ahmed v. Port Authority, et al. (Supreme Court, Queens County 2011) – Defense verdict for third-party defendant that was responsible for maintaining restroom in which stall door fell off of hinge and struck plaintiff.
  • Domingos v. Choice Building Supply (Supreme Court, Westchester County 2006) – Defense verdict in unified trial involving claim of spinal injury arising from trip and fall at client’s store.
  • McCracken v. 1010 Company, et al. (Supreme Court, Queens County 2005) – Directed verdict in action arising from fall from a step stool due to allegedly unstable filing cabinet.
  • Glickman v. Sea Shore Restaurant (Supreme Court, New York County 2005) – Defense verdict in action involving trip-and-fall over entrance to driveway of restaurant.
  • Taylor v. Connors, et al. (Supreme Court, Dutchess County 2005) – Defense verdict in action arising from three-car collision.
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