Wade Clark Mulcahy LLP

News First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases February 8, 2025 < Back Share to: In a significant win for Wade Clark Mulcahy’s client and for insurers generally, the Appellate Division, First Department, unanimously affirmed that in additional insured tenders circumstances do matter. The additional insured jurisprudence that governs New York City with respect to sidewalk trip-and-falls has been murky, requiring coverage counsel to parse the circumstances surrounding a tender of coverage to the AI insurer. On February 6, 2025 in Wesco Insurance Company v. Jewelers Mutual Insurance Company , Case No. 2024-04153, (Feb. 6, 2025) plaintiff-appellant Wesco insured a corner property owner which maintained on the sidewalk abutting its property a raised cellar door bulkhead. Wade Clark Mulcahy’s client Jewelers Mutual insured the jewelry store holding the ground-level tenancy above the basement and around the corner from that bulkhead structure, facing the main street. In 2018, a pedestrian tripped and fell over the bulkhead, and filed the underlying litigation against both the landlord and tenant, leading to this AI coverage dispute. The additional insured provision covered the landlord “only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to [the tenant].” After highlighting the many critical facts supporting our client’s position – and conceded on the record – the First Department held that the AI provision was not triggered because the pedestrian’s injury did not arise out of the landlord’s “ownership of ‘that part of the premises leased to [tenant].’” The Court took note of these critical circumstances: · the basement was not a part of the leasehold; · the tenant had no duty to maintain the basement or the cellar doors leading to the basement; · the tenant had no internal access to the basement; · a different tenant had exclusive use and control over the basement; · the lease only required the tenant to keep the sidewalk “in front of” the store free from obstruction, while the cement bulkhead structure and cellar doors were around the corner from the sole entrance to the store. This ruling provides much needed clarity in evaluating AI tenders in sidewalk cases. What seemed to be black letter law before Wesco —that any defect, structural or otherwise, on a sidewalk abutting a tenancy falls under the tenant’s AI coverage—in fact, turns on the circumstances and the scope of the lease. While helpful to insurers, it also serves as a reminder of the risks inherent in issuing blanket AI endorsements without any information concerning the physical condition of the tenancy and its abutting surface area. Any questions, please contact Dennis Wade or Abed Bhuyan. Previous Next Dennis M. Wade Dennis M. Wade Partner +1 212 267 1900 dwade@wcmlaw.com Contact

Wade Clark Mulcahy LLP attorneys represent clients who rely upon our success as advocates and our practical, results oriented advice and recognized expertise as trial and appellate lawyers across a broad spectrum of insurance, commercial and coverage matters. While we practice from our offices in New York City, New Jersey, Pennsylvania and Long Island, our clients regularly call upon us to manage risk in jurisdictions across the country. Our growth has been driven by client referrals. Results Speak for Themselves We are litigators who think practically not abstractly. We are trial lawyers who understand coverage and coverage lawyers who try cases. We are advisors who help you manage your risk. PRACTICE AREAS Our Practice Areas OUR VISION What sets Wade Clark Mulcahy apart Wade Clark Mulcahy LLP attorneys represent clients who rely upon our success as advocates and our practical, results oriented advice and recognized expertise as trial and appellate lawyers across a broad spectrum of insurance, commercial and coverage matters. While we practice from our offices in New York City, New Jersey, Pennsylvania, Long Island, Florida and Louisiana, our clients regularly call upon us to manage risk in jurisdictions across the country. Our growth has been driven by client referrals. ATTORNEYS Latest News

Latest News Button February 8, 2025 Read More First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases Button January 26, 2025 Read More Defense Verdict for Steve Kim in NJ Construction Accident Trial Defense Verdict for Steve Kim in NJ Construction Accident Trial Button January 15, 2025 Read More DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Button January 6, 2025 Read More Steve Kim Obtains a Favorable Verdict in a Challenging Workplace TBI Trial (NJ) Steve Kim Obtains a Favorable Verdict in a Challenging Workplace TBI Trial (NJ) Button January 3, 2025 Read More Jason Laicha Promoted to Senior Associate Jason Laicha Promoted to Senior Associate Button October 10, 2024 Read More Mike Bono to Present at IFASIC Conference in Budapest Mike Bono to Present at IFASIC Conference in Budapest Button October 8, 2024 Read More WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment Button September 27, 2024 Read More When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time Button September 27, 2024 Read More LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property Button September 27, 2024 Read More How “Serious”’ Means Serious Injury How “Serious”’ Means Serious Injury Button September 27, 2024 Read More Even Though He Couldn’t See, it’s Defendant’s Fault Even Though He Couldn’t See, it’s Defendant’s Fault Button September 27, 2024 Read More Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Button September 23, 2024 Read More Cards Against Humanity Sues SpaceX Over Texas Trespass Cards Against Humanity Sues SpaceX Over Texas Trespass Button September 20, 2024 Read More No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Button September 20, 2024 Read More Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City Button September 20, 2024 Read More What is Considered Adequate Inspection Of An Establishment? What is Considered Adequate Inspection Of An Establishment? Button September 20, 2024 Read More Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Button September 20, 2024 Read More The Fine Print Matters: Winning Contractual Indemnification Claims Between Tenants and Landlords The Fine Print Matters: Winning Contractual Indemnification Claims Between Tenants and Landlords Button September 13, 2024 Read More Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence” Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence” Button September 13, 2024 Read More It Wasn’t the Pig’s Fault It Wasn’t the Pig’s Fault Button September 6, 2024 Read More Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony Button September 6, 2024 Read More Recent New York Decision Highlight the Importance of Documenting Condition of Property During Utility Work Recent New York Decision Highlight the Importance of Documenting Condition of Property During Utility Work Button September 6, 2024 Read More FLORIDA’S NEW YEARS RESOLUTION: Complying With Amendments To Rules of Civil Procedure Promoting Active Case Management FLORIDA’S NEW YEARS RESOLUTION: Complying With Amendments To Rules of Civil Procedure Promoting Active Case Management Button September 4, 2024 Read More Jury Sides With The Mouse Against Disney Adults In VIP Club Lawsuit Jury Sides With The Mouse Against Disney Adults In VIP Club Lawsuit Button August 30, 2024 Read More Literally Blinded to a Latent Danger Literally Blinded to a Latent Danger Load More

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Filter by: Filter by: England Law Clerk Long Island Florida New Jersey Paralegal New York Pennsylvania Filter Helene E. Dalmanieras Paralegal Caroline Nelson Law Clerk Michelle B. Gonsoulin Chief Operating Officer Jenny Rajkowski Paralegal Daphnee J. Jones Paralegal Mark Turner Market Representative Eileen McGlyn Paralegal Rachel A. Wade Director of Human Resources Professional Staff

Attorneys Filter by: Filter by: England Florida Associate Long Island New York New Jersey Pennsylvania Counsel Of Counsel Partner Filter Patrick J. Argento Counsel E. Alexis Bevis Partner Joseph A. Capone Associate Attorney D.J. Dawson Partner Brian Gibbons Partner Nichole Camiso Holmes Counsel Jason Laicha Senior Associate Marc D. Mory Counsel Vito A. Pinto Partner Christopher Roppolo Associate Corey Stein Associate Emily C. Walpole Of Counsel Gina M. Arnedos Partner Abed Z. Bhuyan Counsel Georgia Coats Partner Thomas J. Decker Of Counsel Ross G. Gudis Associate Gianna Hroncich Associate Bruce A. Magaw Of Counsel Brian T. Noel Counsel Sarah Polacek Associate Diana Rosario Associate Anthony M. Stella Senior Associate Jessica Whelan Associate Sri Balijepalle Associate Michael A. Bono Executive Partner Robert J. Cosgrove Partner Chynna S. Demas Associate William A. Healy IV Associate Ryan Hunsicker Associate Jack McGuire Associate Nicholas A. Ozorowski Associate Alexander Rabhan Associate Benjamin P. Salvatore Associate Anand P. Tayal Associate Alyssa M. Bennett Associate Nicole Y. Brown Managing Partner Maria E. Dalmanieras Partner Chip M-P George Of Counsel William D. Hoffman Associate Steve J. Kim Partner Taylor Mitarotonda Associate Josephine R. Pinnock Associate Peter R. Restani Partner James W. Scott Jr. Partner Dennis M. Wade Partner

Joseph A. Capone Associate Attorney New Jersey 1 862 256 0877 jcapone@wcmlaw.com Professional Experience Joe assists with general liability claims, including construction defect and premises liability claims. His work includes investigating facts, drafting pleadings and motions, attending depositions and arbitrations, and preparing for trial. Prior to joining WCM, Joe was a law clerk at a construction firm in Atlantic City, NJ and a personal injury firm in Philadelphia, PA. Honors and Distinctions Joe received his J.D./MBA from Villanova University. While in law school, Joe served as Vice President of the Pro Bono Society earning the Dorothy Day Award for engaging in extensive pro bono work. Joe was inducted in the Beta Gamma Sigma International Business Honor Society for his distinguished academic performance in the MBA program. Prior to law school, Joe graduated magna cum laude from Franklin & Marshall College double majoring in Business and Government. Joe earned the Albert L. Bell Memorial Prize for outstanding academic achievement in accounting. During his time at F&M, Joe studied abroad in London attending the University of Westminster. Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D., Villanova University Charles Widger School of Law MBA, Villanova University B.A., Franklin & Marshall College Bar Admissions New Jersey Court Admissions New Jersey

Filter by: England Florida Associate Long Island New York New Jersey Pennsylvania Of Counsel Law Clerk Operations Counsel Partner Paralegal Filter Alyssa M. Bennett Alyssa M. Bennett Associate Nicole Y. Brown Nicole Y. Brown Managing Partner Maria E. Dalmanieras Maria E. Dalmanieras Partner Chynna S. Demas Chynna S. Demas Associate Ross G. Gudis Ross G. Gudis Associate Gianna Hroncich Gianna Hroncich Associate Jason Laicha Jason Laicha Senior Associate Taylor Mitarotonda Taylor Mitarotonda Associate Nicholas A. Ozorowski Nicholas A. Ozorowski Associate Alexander Rabhan Alexander Rabhan Associate Diana Rosario Diana Rosario Associate Anthony M. Stella Anthony M. Stella Senior Associate Dennis M. Wade Dennis M. Wade Partner Patrick J. Argento Patrick J. Argento Counsel E. Alexis Bevis E. Alexis Bevis Partner Joseph A. Capone Joseph A. Capone Associate Attorney Helene E. Dalmanieras Helene E. Dalmanieras Paralegal Chip M-P George Chip M-P George Of Counsel William A. Healy IV William A. Healy IV Associate Ryan Hunsicker Ryan Hunsicker Associate Bruce A. Magaw Bruce A. Magaw Of Counsel Marc D. Mory Marc D. Mory Counsel Josephine R. Pinnock Josephine R. Pinnock Associate Jenny Rajkowski Jenny Rajkowski Paralegal Benjamin P. Salvatore Benjamin P. Salvatore Associate Anand P. Tayal Anand P. Tayal Associate Emily C. Walpole Emily C. Walpole Of Counsel Gina M. Arnedos Gina M. Arnedos Partner Abed Z. Bhuyan Abed Z. Bhuyan Counsel Georgia Coats Georgia Coats Partner D.J. Dawson D.J. Dawson Partner Brian Gibbons Brian Gibbons Partner William D. Hoffman William D. Hoffman Associate Daphnee J. Jones Daphnee J. Jones Paralegal Eileen McGlyn Eileen McGlyn Paralegal Caroline Nelson Caroline Nelson Law Clerk Vito A. Pinto Vito A. Pinto Partner Peter R. Restani Peter R. Restani Partner James W. Scott Jr. James W. Scott Jr. Partner Mark Turner Mark Turner Market Representative Jessica Whelan Jessica Whelan Associate Sri Balijepalle Sri Balijepalle Associate Michael A. Bono Michael A. Bono Executive Partner Robert J. Cosgrove Robert J. Cosgrove Partner Thomas J. Decker Thomas J. Decker Of Counsel Michelle B. Gonsoulin Michelle B. Gonsoulin Chief Operating Officer Nichole Camiso Holmes Nichole Camiso Holmes Counsel Steve J. Kim Steve J. Kim Partner Jack McGuire Jack McGuire Associate Brian T. Noel Brian T. Noel Counsel Sarah Polacek Sarah Polacek Associate Christopher Roppolo Christopher Roppolo Associate Corey Stein Corey Stein Associate Rachel A. Wade Rachel A. Wade Director of Human Resources Team Members

Nichole Camiso Holmes Counsel New Jersey 862.236.5466 ncamiso@wcmlaw.com Professional Experience Nichole Camiso Holmes is a seasoned litigator who has almost twenty years of experience as a trial attorney. Ms. Holmes has dedicated her career to insurance defense litigation with concentrated experience in construction site accidents, construction defect claims, wrongful death, catastrophic injury, products liability, premises liability, insurance coverage, SIU/fraud, DRAM shop liability, professional liability, public entity liability, education law, Title IX matters, and motor vehicle accidents. She has a wealth of experience representing clients at all stages of mediation and arbitration, skills which are essential to our litigation practice. Ms. Holmes is passionate about the work that she does and is remarkably dedicated. In the interests of public service, Ms. Camiso serves as an arbitrator for the Superior Court of New Jersey. She is also an advocate for those who cannot defend themselves, assisting with animal rescue personally and professionally, on a pro bono basis. Ms. Camiso received both her undergraduate degree and law degree from Temple University, where she successfully represented Beasley School of Law at a competitive level in both trial advocacy and appellate advocacy, earning her several accolades and awards. Ms. Camiso is experienced in State and Federal Court and is admitted to practice in the States of New Jersey and Pennsylvania, as well as the United States District Court of New Jersey. She has represented clients nationally in litigation matters and administrative proceedings on a pro hac vice basis, giving her a diverse familiarity with varied litigation mechanisms. Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education · JD, Temple University Beasley School of Law · BA, Temple University Bar Admissions · New Jersey · Pennsylvania Court Admissions · Supreme Court of New Jersey · Supreme Court of Pennsylvania · United States District Court, District of New Jersey

Caroline Nelson Law Clerk Pennsylvania (412) 518-2768 cnelson@wcmlaw.com Professional Experience Caroline assists with a variety of coverage matters. Her works includes reviewing insurance policies and contracts to determine an insurer’s obligations related to defense and indemnification. Caroline also assists with the litigation of general liability actions for various types of claims by performing legal research and drafting litigation documents. Caroline joined WCM as a summer associate in May 2024 and she continues to work with the firm as she completes her final year of law school. Caroline serves as a Managing Editor of Student Works for the Villanova Environmental Law Journal. During law school, she also served as a judicial intern for the United States Court of Appeals for the Third Circuit. Honors and Distinctions · Villanova Law Dean’s Merit Scholar · Phi Beta Kappa Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education · Villanova Charles Widger School of Law, JD (expected May 2025) · George Washington University, BA

News Defense Verdict for Steve Kim in NJ Construction Accident Trial January 26, 2025 < Back Share to: WCM New Jersey Partner Steve Kim recently secured a "no cause" defense verdict in favor of our client, a drywall subcontractor involved in a high exposure construction liability case. The case arose from allegations related to a workplace accident where the plaintiff claimed that the absence of temporary safety railings at a construction site contributed to their injuries. Steve successfully demonstrated to the jury that our client had completed their work safely and professionally well before the incident occurred and was not responsible for the alleged conditions at the site. This verdict reflects the importance of careful preparation and a clear presentation of the facts in achieving a favorable outcome for our client. We are proud to have been able to protect our client’s interests and bring this matter to a favorable resolution. At Wade Clark Mulcahy, we are committed to providing effective representation for businesses in construction and other industries. Feel free to contact @ skim@wcmlaw.com with questions about the trial or his practice areas. Previous Next Steve J. Kim Steve J. Kim Partner +1 212 267 1900 skim@wcmlaw.com Contact

Diana Rosario Associate New York (332) 251-0741 drosario@wcmlaw.com Professional Experience Diana specializes in general liability actions, including personal injury, property damage, premises liability, construction defect claims, and trucking claims. Her responsibilities encompass fact analysis and investigation, drafting pleadings and motions, conducting legal research, and assisting with trial preparation. During her time in law school, Diana interned at a mid-sized firm where she contributed to various litigation matters. Additionally, she served as a Law Clerk at Hofstra’s Deportation Defense Clinic focusing on cases involving motions to reopen, removal orders, and gang-related allegations. Prior to attending law school, Diana worked as a senior paralegal, managing no-fault claims and gaining experience with filings through the American Arbitration Association. Professional Activities Member, New York State Bar Association Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D., Maurice A. Deane School of Law at Hofstra University B.A., John Jay College of Criminal Justice - CUNY Bar Admissions New York Court Admissions New York