News (All)

Securing the dismissal of a lawsuit against your client is always a win. But when the client doesn’t have insurance coverage for the type of loss and would have been on the hook for paying any damages in the suit, that win is especially gratifying.

An employee of a Nassau County public authority allegedly sustained injuries from a slip and fall at work after the office cleaning company had mopped the floor. She brought a personal injury action against the cleaning company, which in turn brought the public authority (CMM’s client) into the suit.

The CMM team, including Scott Middleton, Richard DeMaio, and Meagan Nolan, moved for summary judgment (essentially, asking the court to find that there are no facts in dispute and to dismiss the case against our client). Leaving nothing to chance, we pursued dismissal based on three arguments:

1. the plaintiff did not suffer a “grave injury” (under the Labor Law, an employee’s injuries must meet the specific definition of “grave injury” for the employer to be found liable);
2. there was no proof of a written contract between our client and the cleaning company, so their pursuit of contractual indemnification and contribution could not stand; and
3. the cleaning company’s claims for common law indemnification and contribution also could not stand since the plaintiff did not suffer a “grave injury.”

Ultimately, all three arguments persuaded the court to find in our favor. The court agreed with our analysis that the medical experts’ submissions as well as the plaintiff’s own deposition testimony established that she did not sustain a “grave injury.” The Court also agreed that there was no proof of a contract between the public authority and the cleaning company. Based on CMM’s arguments, the court granted our motion for summary judgment – an especially important win for our client.

Learn more about our successful handling of municipal litigation here.

Town of Islip – Long Island MacArthur Airport today officially dedicated its $8.4 million, 12,000 SF Ground Transportation Center (GTC) following the completion of a Terminal Walkway, the final component of the project. Additionally, the airport announced $26 million in improvements to the Main Terminal Building, along with Mechanical Engineering and Plumbing (MEP) upgrades. While this construction work is funded by separate grants, the projects will take place simultaneously for efficiency, and to keep operations running smoothly for customers. The project is expected to take approximately one year to complete.

“We all know these have been challenging times for airlines with crew shortages, rising fuel prices, and economic uncertainty. Despite this, we know the business community’s strong desire for more flights and commitment to Long Island MacArthur Airport,” said Joe Campolo, Airport Advisory Board Member, HIA-LI Past Board Chairperson and Managing Partner at Campolo, Middleton & McCormick, LLP. “Airports across the country are competing more and more for air service and grants. These new projects and significant funding help us make a strong case to airlines to bring their aviation assets to our community,” he added.

Read the full press release here.

By Jamie Herzlich, Newsday

Working moms in New York have the right to expanded accommodations for expressing breast milk at their places of employment under recent legislation.

The law, which takes effect June 7, requires all employers to provide a designated location for nursing employees to pump breast milk that includes such amenities as seating, a working space, and nearby access to running water. They also must develop and implement a written policy regarding employee rights when breastfeeding in the workplace. 

Smaller employers should start thinking creatively on how they can make accommodations or rethink space to comply, experts say.

“I think certain small businesses may be able to claim an undue hardship as to some of the law’s requirements, but the burden will be on the employer to show the undue hardship,” says Christine Malafi, senior partner and chair of the corporate department at Campolo, Middleton & McCormick, LLP in Ronkonkoma.

If there is a complaint, a resolution will be up to the Department of Labor on a case-by-case basis on the very specific facts involved in each situation, she says.

Some employers in certain circumstances may have to work out a reasonable accommodation such as providing a nursing pod, but if employees work outside, they may not have access to running water with a pod, Malafi says.

But bottom line is all employers have to “start thinking of a space with electricity and privacy where women can go to express breast milk,” says Malafi.

This is backed up by a recent amendment to the Fair Labor Standards Act, called the PUMP Act (Providing Urgent Maternal Protections), which on the federal level requires employers to provide a place to express breast milk that’s private from view and free from intrusion for all employees, Malafi says.

Read the full article on Newsday’s website.

Jeffrey Basso is a partner at Campolo, Middleton, & McCormick, LLP (CMM) where he represents business owners, corporations, corporate officers, shareholders, and investors in a variety of litigation matters in state and federal court involving employment, business, and contractual disputes. Basso was selected as one of thirteen attorneys to be featured in LIBN’s Who’s Who Labor Law special edition publication.

Basso has experience prosecuting and defending matters on behalf of clients in actions involving employment contracts, non-compete agreements, trade secrets, fiduciary duty, breach of contract, hour and wage disputes, real estate transactions, investments, and construction matters.

His successful track record in the labor law arena spans numerous industries. Recent representative matters include the defense of a Long Island metal fabrication company in a hostile workplace/discrimination lawsuit (resulting in the dismissal of all claims) and the defense of a large catering company in a wage and retaliation dispute (resulting in the court’s refusal to reinstate the former employees).

As business owners enter 2023, Basso advises they have a procedure in place for documenting poor work performance, insubordination, and other employee misconduct to minimize issues if and when an employee is terminated.

“Too many times, employers make the critical mistake of not documenting instances of poor performance and other issues with their employees,” he said. “Then, if the employee is terminated, litigation often ensues over claims of wrongful termination, retaliation and other related claims, which can be extremely costly and damaging to business owners. “

“If the employer has a procedure in place and documents the employee’s history of poor performance or other misconduct, these claims can often be extinguished before they get started,” Basso said.

Basso is also experienced in representing clients in business divorce matters, including the negotiation of creative strategies to divide assets, as well as business divorce litigation. His litigation practice also includes appellate work.

He earned a bachelor’s degree from the University of Delaware and a juris doctor from St. John’s University School of Law.

He is admitted to practice in New York State and before the United States District Court, Southern District of New York and the United States District Court, Eastern District of New York.

View the full Who’s Who book here.