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Gerber Ciano Kelly Brady LLP
Gerber Ciano Kelly Brady LLP
(646)-609-8850
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    • Appellate Advocacy
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    • Where We Are
  • Home
  • Who We Are
  • Why Choose Us
    • Industry Leaders
    • Geographic Strength
    • Metrics, Tech, & AI
    • Mission, Values, Goals, & Promises
    • Beyond the Billable Hour
    • Social Responsibility
  • What We Do
    • Appellate Advocacy
    • Business Law
    • Construction Law
    • Cyber, Technology, & Social Media Law
    • Employment & Labor Law
    • General Litigation
    • Insurance Solutions
    • Municipal & Government
    • Product Liability, Fire & Life Sciences
    • Professional Liability
    • Retail, Food, Beverage, & Hospitality
    • Risk Reduction & Loss Avoidance
    • Toxic Tort & Environmental
    • Transportation Law
    • Workers' Compensation
  • Our Team
    • Attorneys
      • John L. Aloia
      • Matthew S. Lerner
      • Troy A. Bataille
      • Michael Lettiero
      • Brian R. Biggie
      • Arlow Linton
      • Erin N. Mackin
      • Laura Ashley Martin
      • Brian W. McElhenny
      • Jeffrey Migdalen
      • William P. Monigan Jr.
      • Kristin N. Moro
      • Cara M. Nelson
      • Scott S. Orenstein
      • Kelly E. Petter
      • Jamie R. Prisco
      • Joanna M. Roberto
      • Marvin N. Romero
      • Joshua Rubin
      • Peter K. Rydel
      • Jessica L. Tschudy
      • Dennis J. Brady
      • Eric G. Siegel
      • Michael D. Brophy
      • MaKenna J. Stoakes
      • Matthew V. Bruno
      • Jensen Varghese
      • Jennifer Warycha
      • Michael J. Carreira
      • Frank J. Ciano
      • Paul S. Devine
      • Stanley L. Evans
      • Brendan T. Fitzpatrick
      • Troy S. Flascher
      • Christopher G. Floreale
      • Daniel W. Gerber
      • James P. Gilroy
      • Michael F. Harris
      • John J. Jablonski
      • William G. Kelly
      • Thomas P. Armstrong
      • David P. Johnson
      • Stacey K. Skadberg
      • Twesha Dogra
      • Robert F. Botticelli
      • Samantha Berger
      • Allison DiCarlo
      • Joshua P Joy
      • Lisa Martin
      • Mara Hsiung
      • Joseph S. Kavesh
      • Colleen J Vellturo
      • John M. Krug
      • Kelly T. Logue
      • Dominick Roa
      • Christopher S. Young
      • Bridget M. Talerico
      • Thomas B. DeMinico
      • James Freire
      • Harrison R. Tulman
      • Meredith J. Lance
      • Samantha Murdock
      • Thomas R. DeCrescenzo
      • Laura Lee Dorflinger
      • Kelly DeSalvatore
      • Yaoyue Liu
      • David A. Mancuso
      • Cassandra M. Pilczak
      • Ariana Monson
      • Nicolette M. Tuntigian
      • Patrick J. Reilly III
      • Thomas Bona
      • Richard J. Zielinski
      • Terry Holmes-Nelson
      • Sara Tomanio
      • Mirna Martinez Santiago
    • In Memoriam
  • What's New
    • Blogs
      • Legal News & Notes
        • In a ‘Shocking’ Decision the Court of Appeals Finds Question of Fact when Plaintiff Is Propelled Off a Ladder
        • The Court of Appeals Broadens What Can Be Considered ‘Routine’ Work
        • The Court of Appeals Concludes the Plaintiff Does Not Get a Second Bite at The Apple
        • Failure to Meet Its Evidentiary Burden Robs Insurer of Summary Judgment
        • The First Department Hands out A Rare Win Based on The Failure to Appear for An EUO
        • Joanna Roberto Published in DRI’s December Edition of For the Defense
        • Questions of Fact Over Waiver and Estoppel Preclude Insurers’ Motion for Summary Judgment
        • Sometimes a Fall Off a Scaffold Is Not Enough for Summary Judgment Under Labor Law §240(1)
        • First Department Affirms $10 Million Award for TBI and Declines to Address Practice of “Anchoring” at Trial
        • New York Courts Beginning to Define “Substantial Business Presence”, Triggering Out-of-State Insurers’ Duty to Comply with N.Y. Ins. Law §3420
        • Bad Faith and Business Law Section 349 Claims Survive Motion to Dismiss
        • New York State Court Rules that Business Interruption Claims due to Government-mandated Closures are Not Covered by Property Insurance
        • New York Creates Uncertainty For Insurers With The ‘Comprehensive Disclosure Act’
        • Claim Notes Are Discoverable in Dispute Over Additional Insured Coverage
        • Court Expands Exposure Under Additional Insured Endorsement
        • Is a Landlord Required to Foresee a Targeted Attack….Maybe?
      • Construction Blog
        • Most Construction Disputes Do Not Involve Unfair Trade Practices
        • Contractors: Don’t Inadvertently Give Up Your Lien Rights – How Subordination Agreements and Lien Waivers Affect Mechanic’s Liens
        • BEFORE PROCEEDING WITH LITIGATION, YOU NEED TO FULLY EVALUATE YOUR CONSTRUCTION CONTRACT CLAIM
        • THE FALSE CLAIMS ACT: A BAD IDEA WHOSE TIME HAS (UNFORTUNATELY) COME
        • AN OVERVIEW OF CONSTRUCTION CONTRACT DISPUTES
        • A RECENT APPELLATE COURT DECISION PROVIDES SOME VALUABLE INSIGHT INTO MITIGATION OF DAMAGES, PAYMENT BOND CLAIMS, AND ALLEGED UNFAIR TRADE PRACTICES
        • IN CASE YOU WERE WONDERING, MECHANIC’S LIENS AND PAYMENT BONDS REALLY DO PROTECT THOSE THAT SUPPLY LABOR, MATERIALS AND/OR SERVICES
        • VERBAL AGREEMENTS ARE JUST AS GOOD AS WRITTEN CONTRACTS (ALMOST)
        • A RECENT APPELLATE DECISION THAT PURPORTS TO EXPLAIN THE MEANING OF “CARDINAL CHANGE” ACTUALLY ONCE AGAIN DEMONSTRATES THE IMPORTANCE OF NEGOTIATING A FAIR CONTRACT
        • IN MOST CASES, A CONTRACTOR THAT DOES NOT COMPLETE ITS WORK IS STILL ENTITLED TO SOME PAYMENT
        • Are Contractors and Subcontractors Allowed to Rob Peter to Pay Paul When it Comes to Paying Subcontractors and Suppliers?
        • NEGOTIATING A CONSTRUCTION CONTRACT CLAIM CAN FEEL LIKE LEGALIZED EXTORTION
        • UNDERSTANDING HOW THE COURTS WILL INTERPRET YOUR CONTRACT
        • HERE’S AN UPDATE ON THE EFFECT OF PRIOR RULINGS ON SUBSEQUENT LITIGATION
        • DON’T LET YOUR MECHANIC’S LIEN RIGHTS LAPSE DURING THE COVID-19 PANDEMIC
        • PROPOSED LEGISLATION IN NEED OF SUPPORT
        • A RECENT SUPREME COURT DECISION DRAMATICALLY AFFECTS SUBCONTRACTORS’ RIGHTS
        • How to Successfully Deal with OSHA
        • When the Breach of a Construction Contract is not a Breach
        • Connecticut’s Procedure for Substituting a Bond for a Mechanic’s Lien Needs to be Changed
        • FILING A MECHANIC’S LIEN WITHOUT AN ATTORNEY IS ALLOWED BUT DIFFICULT TO DO SO CORRECTLY
        • The Importance of Reading and Understanding Your Construction Contract
        • WHAT TO DO WHEN YOU ARE NOT BEING PAID
        • Remedial Work Does Not Extend the Deadline to Commence an Action on a Payment Bond
        • A Recent Superior Court Decision May Affect Subcontractor/Supplier Mechanic’s Liens
        • Slander of Title is Almost Always an Inappropriate Response to a Mechanic’s Lien
        • Recent Decision Demonstrates the Importance of Complying with Contract Notice Provisions
        • There are Times When Filing a Mechanic’s Lien May Not be the Best Option
        • Possible Revisions to Connecticut’s Prevailing Wage Laws
        • There’s a New Proposed Law Regarding Emergency Services That Everyone Should Support
        • The Importance of Determining the Amount to Which You May Be Entitled After the Breach of a Construction Contract
        • An Interesting Decision Discharges a Mechanic’s Lien
        • Generally Speaking, Contracts That Can Be Terminated for Convenience Must Be Terminated In Good Faith
        • A Mechanic’s Lien: Something Simple That’s Been Made Complicated
        • An Owner’s Refusal to Issue Payment Might Amount to a Violation of the Unfair Trade Practices Act — But That’s Not Usually the Case
        • Expansion of State’s Affirmative Action Program Remains in Effect
        • The City of Hartford Stadium Authority Has Terminated the Developer of Dunkin Donuts Park — Here’s What Comes Next
        • Quick Connecticut Legislative Update
        • Basing a Claim on the Total Cost Approach is Likely Throwing Good Money After Bad
        • Design Professional Liability Raises Interesting Questions
        • Expansion of State’s Affirmative Action Program May Be Problematic
        • The Little Miller Act Time Limits are Only Mandatory for the Claimant and Not the Surety
        • A Recent Supreme Court Decision Found an Owner of a Construction Company Personally Liable to the Owners of a Project
        • National Labor Relations Board Expands Joint Employer Status
        • Contractual Time Limits for Providing Notice of Claim Must be Taken Seriously
        • Only the “Owner” may seek Judicial Discharge of Mechanic’s Liens
        • Recent Local Law Shows that the Law’s Understanding of Blasting is not Improving
        • Recent Supreme Court Case Teaches Important Lessons
        • Changes to the Prevailing Wage Law Considered
        • Public Owners Have Substantial Discretion in Determining the Lowest Responsible Bidder
        • With Payment Bond Claims, Different Rules Apply to the Bond Claimant and the Surety
        • Mechanic’s Liens – Legislative Update
        • The Right to Arbitrate may be Waived if Opposing Party Suffers Prejudice
        • Recent Decision Discusses Procedure for Challenging the Arbitrability of a Dispute
        • A Contractor May Still Recover Monies Due For Work Performed Pursuant to an Unenforceable Contract
        • Beware of No Damages for Delay Clauses
        • An Examination of a Recent Court Decision Discharging a Mechanic’s Lien
        • An Explanation of The Home Improvement Act’s Licensed Contractor Exception
        • It is Not Always Clear Cut Which Services May Be the Basis of a Mechanic’s Lien
        • Arbitrators May Amend or Correct Their “Final” Decisions
        • A Connecticut Court Grants Defendant’s Motion To Stay An Application To Discharge Mechanic’s Lien Pending Arbitration
        • The Appeal of A Decision Discharging a Mechanic’s Lien Can Potentially Be Rendered Moot
        • If Your Mechanic’s Lien is Discharged, You’ve Lost the Battle But Not the War
        • Construction Claims May Come From A Variety of Sources
        • Understanding Unabsorbed Home Office Overhead
        • Contractors Have Statutory Rights That They May Assert During Payment Disputes
        • After Nine Years, There is Still Ambiguity in The State’s Prequalification Program
        • Recent OCIP Decision Reminds Contractors About the Importance of Contract Language
        • A Cautionary Tale for All Subcontractors
        • Connecticut Statutes Provide Assistance with Receiving Prompt Payment on Public and Private Construction Projects
        • You Should (Almost) Never Request a Jury for a Construction Case
        • Restarting the 90 Day Clock to File a Mechanic’s Lien
        • Court Upholds A Mechanic’s Lien Served More Than A Year After It Was Filed
        • Different Treatment for Different Mechanic’s Lien Deadlines
        • Pending Legislation Concerning Mechanic’s Liens
        • Arbitrability: Who Decides Who Gets To Decide?
        • Another Step Closer to Understanding Pay-When-Paid Clauses
        • Subcontractors Only Have Very Limited Rights Against Public Owners
        • A Contractor That Acts as His Own Expert Witness May Inadvertently Waive Attorney Client Privilege
        • The Contract and Not Common Sense Determines the Proper Parties to an Arbitration
        • The Standard Procedure for Obtaining Lien Waivers May Be Ineffective
        • Court Rules That the Government Contractor Defense is Not Applicable to Road Reconstruction Projects
        • Subcontractors Only Have Very Limited Rights Against Public Owners
        • Public Owners Cannot Arbitrarily Award Contracts
        • Payment Bond Claimants Should Consider Additional Causes Of Action
        • Don’t Get Creative When Attempting To Enforce Mechanic’s Lien Rights
        • Notice Requirements For Construction Claims Against The State Of Connecticut
        • Act Promoting Fairness In Private Construction Contracts? Hardly.
        • “Pay when Paid” versus “Pay if Paid”
        • The Connecticut Home Improvement Act Has Harsh Penalties With Limited Exceptions
        • What to Do When You Don’t Have Time to Wait for a Written Change Order
      • Construction Law & Litigation
        • Mechanic's Lien Basics Under New York Law
        • A Recent Supreme Court Decision Dramatically Affects Subcontractors’ Rights
        • Most Construction Disputes Do Not Involve Unfair Trade Practices
        • Filing a Mechanic’s Lien without An Attorney Is Allowed but Difficult to Do Correctly
    • Events
    • News
      • Fear No More - Court of Appeal Rejects Treble Damages Against Municipality
      • No Expanded Duty: Appellate Division Rejects Creating New Duty for Rental Companies
      • Client Alert: New York Commercial Division Formalizes Process for Amicus Curiae Briefs -What Business Litigants Need to Know
    • Newsletters
    • Publications and Resources
    • Press Releases
      • Gerber Ciano Kelly Brady Lawyers Recognized in The Best Lawyers in America© 2023 and Ones to Watch
      • Gerber Ciano Kelly Brady Attorneys Recognized in The Best Lawyers in America © 2022 and Ones to Watch
      • Gerber Ciano Kelly Brady Ranked as One of The 2023 “Best Law Firms” by U.S News and World Report for Fourth Year in A Row
      • Gerber Ciano Kelly Brady Ranked as One of The 2022 “Best Law Firms” by U.S. News and World Report for Fourth Year in A Row
      • Twenty-Three Gerber Ciano Kelly Brady Attorneys Named to 2021 Super Lawyers
      • Twenty-Eight Gerber Ciano Kelly Brady Lawyers Named to 2022 Super Lawyers
      • Gerber Ciano Kelly Brady Reinforces Its Insurance Coverage and General Litigation Groups with Two New Attorneys
      • Gerber Ciano Kelly Brady Welcomes New Attorneys in Hartford and Buffalo
      • Gerber Ciano Kelly Brady Named Again as One of Amercia’s “Best Law Firms” by U.S. News & World Report
      • Gerber Ciano Kelly Brady Attorneys Recognized in The Best Lawyers in America© 2021
      • Gerber Ciano Kelly Brady Welcomes Two New Additions to Their Litigation Team
      • Gerber Ciano Kelly Brady Lawyers Recognized in the Best Lawyers in America© 2024 and Ones to Watch
      • Twenty-Eight Gerber Ciano Kelly Brady Lawyers Named to 2023 Super Lawyers
      • Gerber Ciano Kelly Brady Ranked as One of The 2024 “Best Law Firms” by U.S News and World Report for Fifth Year in A Row
      • Top 10 Construction Law Firms - Construction Business Review
      • 2024 Top Women NY Metro Super Lawyers
      • Gerber Ciano Kelly Brady Lawyers Recognized In The Best Lawyers In America© 2025 And Ones To Watch
      • Gerber Ciano Kelly Brady LLP Names Six New Equity Partners
      • Twenty-Five Gerber Ciano Kelly Brady Lawyers Named to 2024 Super Lawyers
      • Gerber Ciano Kelly Brady Ranked as One of The 2025 “Best Law Firms” by U.S News and World Report for Sixth Year in A Row
      • 2025 Top Women NY Metro Super Lawyers
      • Gerber Ciano Kelly Brady Announces Collaboration with Italian Law Firm Rödl & Partner Italy
      • FOUNDING PARTNER FRANK J. CIANO JOINS NAM AS HEARING OFFICER
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