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Elizabeth M. Guariglia

Portrait of Elizabeth M. Guariglia

Elizabeth is an attorney in the Casualty Department, where she represents clients in a wide range of matters, including New York labor law, general liability, premises and retail litigation, as well as trucking and transportation litigation.

A Long Island native, Elizabeth earned her Bachelor of Arts degree from Wake Forest University in North Carolina, graduating cum laude in 2020 with a double major in English and French Studies. She went on to attend the Maurice A. Deane School of Law at Hofstra University, where she earned her J.D. in 2023.

During law school, Elizabeth served as an Articles Editor for the Family Court Review. Her student note, "A, B, C, 1, 2, 3: How an Amendment to the New York State Education Law Will Give Private School Students an Equitable Education to Public School Students," was published in Volume 60 of the journal. Elizabeth is admitted to practice in New York.

    • Maurice A. Deane School of Law at Hofstra University (J.D., 2023)
    • Wake Forest University (B.A., cum laude, 2020)
    • New York, 2024
    • U.S. District Court Eastern District of New York, 2025
  • Obtained summary judgment dismissing all third-party claims against a local specialty contractor in a Brooklyn construction accident matter. The Court rejected claims for contractual indemnification and failure to procure insurance, finding that an unsigned work proposal and estimate did not constitute an enforceable contract and contained no indemnification or insurance procurement obligations. The Court also dismissed contribution claims after finding that the contractor neither owned the property nor supervised, controlled, or performed any work at the project site, having fully subcontracted the scope of work to another entity.

    Granted a motion for change of venue from Queens County to Westchester County in a motor vehicle accident case. According to the claimant, the accident occurred in Westchester County. Upon information and belief, the plaintiff resided in Westchester County on the date of commencement of this action. The defendant is a resident of Dutchess County, and defendant consolidated company's principal place of business is New York County. The plaintiff argued that Queens County was proper venue based on our client's company's place of business being listed as Astoria, Queens based on the vehicle registration. The plaintiff also argued that if the court decided Queens was not proper, then it should be transferred to New York County. The Second Department held that the sole residence of a domestic corporation for venue purposes is the county designated in its certification of incorporation, despite its maintenance of an office or facility in another county. We served the demand to change venue with our answer, and we moved to change venue within 15 days of service of the demand to change venue according to CPLR 511.

    Successfully granted a motion to compel acceptance of a late answer in a liability matter. The plaintiff suffered injuries after a locker fell on her while she was putting her things away, or taking them out, at the premises owned by our client. The plaintiff rejected our answer after it was eight months late, but never filed a default motion. We filed a motion to compel acceptance of our late answer. In opposition, the plaintiff filed a cross motion for default, citing cases from the judge that was presiding over this case, where he granted default judgments when defendants were less than eight months late in answering. We argued that in those cases, the plaintiff had already moved for default, along with highlighting case law that shows that if it can be proven that the delay in answering was due to the insurance carrier's fault or taking time to appoint counsel, then a delayed answer is acceptable. We had an affidavit from the insured and our insurance adjustor. Our motion was granted, and the answer was deemed timely served.

    Successfully obtained summary judgment in a multi-vehicle collision case before the Kings County Supreme Court. Our client was stopped at a red light when their vehicle was hit from behind, causing it to propel into another vehicle directly in front of it. We filed for summary judgment, which was granted after the court found that the vehicle that rear-ended our client was responsible creating a chain reaction, resulting in the damage of multiple vehicles.

Thought Leadership

Defense Digest

All Bark and All Bite

June 1, 2025

Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable.  After Flanders v. Goodfellow, 2025 WL 1127772 (N.Y. Apr. 17, 2025), a New York plaintiff may now also rely on rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances which caused the plaintiff’s injury. The New York Court of Appeals just did away with the “one-bite rule” and opened the possibility for finding dog owners liable in negligence for the “first bite” by a dog. In a case where a postal carrier was bitten by a dog while delivering a package to the dog owners’ residence, the court reinstated causes of action for strict liability and negligence against the dog’s owners. Anyone who has litigated a dog bite case in New York is aware of the so-called “one-bite rule.” This rule provides that, absent a history of prior acts showing vicious propensities on the part of the dog or other domestic animal, such as a prior bite, the owner may not be held liable in negligence for a “first bite” by the animal or charged with knowledge of vicious propensities. See Bard v. Jahnke, 848 N.E.2d 463, (N.Y. 2006).  In a recent decision, the New York Court of Appeals in Flanders v. Goodfellow, 2025 WL 1127772 (N.Y. Apr. 17, 2025), overruled Bard, supra, to the extent that it precluded negligence liability for harm caused by domestic animals and reinstated the plaintiff’s negligence cause of action. It held that the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities. It noted that a vicious propensity includes the propensity to do any act that might endanger the safety of the persons and property of others in a given situation, and it indicated that once an owner’s actual or constructive knowledge of their animal’s vicious propensities is established, the owner faces strict liability for the harm the animal causes as a result of those propensities.  Knowledge of vicious propensities “may of course be established by proof of prior acts of a similar kind of which the owner had notice,” a triable issue of fact “might be raised—even in the absence of proof that the dog had actually bitten some-one—by evidence that it had been known to growl, snap or bare its teeth.” Collier v. Zambito, 807 N.E.2d 254, 255-256 (N.Y. 2004); see also Bard, 848 N.E.2d at 466-467. A “vicious propensity” should be understood to include “any behavior that ‘reflects a proclivity to act in a way that puts others at risk of harm,’” see Hastings v. Sauve, 989 N.E.2d 940, 941 (N.Y. 2013), quoting Bard, 848 N.E.2d at 467. If there is a question of fact as to whether the dog owner should have known that the dog’s behavior reflected a proclivity to act in a way that puts others at risk of harm, see Collier, 807 N.E.2d at 256, this would preclude a grant of summary judgement on the strict liability cause of action. See Flanders. In Flanders, postal workers who had been to the dog owners’ residence stated that anyone in the defendants’ home would have been aware of the dog’s aggressive behavior, which included growling, snarling, barking, slamming into windows, and trying to bite at postal workers through the glass, 2025 WL 1127772, at *2. Although the defendants contended that they did not know of the dog’s behavior and emphasized that the postal workers did not report the dog’s behavior to them or the post office, that response merely presented questions of credibility about the defendants claimed ignorance of the dog’s behavior and the postal workers’ reasons for not reporting it. Id. Moreover, the defendants admitted that the dog got into a fight with another dog during its brief stint with its trainer. Id. Given all of this evidence, the New York Court of Appeals concluded that there was a triable issue of fact which precluded a grant of summary judgment for the defendants on the strict liability cause of action. Id. It also held that “to the extent we previously held that a plaintiff may not assert a common-law negligence cause of action against the owner of a domestic animal for harms caused by that animal, we now overrule that precedent.” Id. at *8.  A New York plaintiff who suffers an animal-induced injury, therefore, now has a choice. If the owner knew or should have known the animal had vicious propensities, the plaintiff may seek to hold the owner strictly liable. Or the plaintiff may now rely on rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances that caused their injury. A plaintiff may assert both theories of liability pursuant to Flanders.  Dog bite law is now all bark and all bite. Sounds “ruff” to us.    Defense Digest, Vol. 31, No. 2, June 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Court Allows Recklessness and Punitive Damages Claims to Proceed After Work‑Zone Crash

In a case where a defendant filed preliminary objections against allegations of recklessness and punitive damages, the Susquehanna County Court of Common Pleas denied these preliminary objections. This case stems from a motor vehicle accident, where the defendants car struck the plaintiffs car after the defendant allegedly fell asleep at the wheel, going at a high rate of speed, through a construction work zone. Defendant first objected to the general allegations throughout the plaintiff’s complaint pertaining to “reckless” conduct contending that there were insufficient factual allegations to support the claim of reckless conduct. Defendant next objected to the plaintiffs claim for punitive damages, as punitive damages may only be assessed against a motorist for falling asleep while driving if there is further evidence to prove driver was aware of their drowsiness and risk of falling asleep. Lastly, defendant objected to plaintiffs complaint, claiming it lacked specificity. The court here found that the plaintiff had included in the complaint specific allegations related to the defendant’s alleged recklessness, including allegations regarding speeding in a work zone, almost striking the flagger, falling asleep at the wheel, and striking the plaintiffs vehicle which was stopped. Additionally, the court noted that falling asleep does not come without warning. The court found that these allegations were sufficient to support an allegation of recklessness at the pleadings stage.

Thought Leadership

Supreme Court of Pennsylvania Holds That Public Policy Does Not Prevent Insurance Coverage for Sex Trafficking Claims

On July 21, 2026, the Supreme Court of Pennsylvania issued an opinion emphasizing the limited circumstances in which courts may invoke public policy to bar insurance coverage, holding in Samsung Fire & Marine Insurance Co., Ltd. (U.S. Branch) v. RI Settlement Trust that Pennsylvania public policy does not preclude coverage for claims alleging that insureds enabled or profited from human sex trafficking. The decision rejects a line of federal district court decisions predicting otherwise and reinforces that Pennsylvania courts will invoke the public policy doctrine only in the clearest of circumstances. RI Settlement is particularly significant because it arose on certified questions from the United States Court of Appeals for the Third Circuit, giving the Supreme Court the opportunity to resolve an issue on which federal courts had predicted Pennsylvania law differently. RI Settlement arose out of four separate civil complaints in which the underlying plaintiffs alleged that, as minors, they were the victims of human sex trafficking at various hotels in Philadelphia. The plaintiffs claimed that the hotel owners were negligent in failing to stop the sex trafficking from happening at their hotels. After the filing of the lawsuits, the hotel owners sought coverage under their Commercial General Liability policies. The insurers initially defended the hotels under Reservation of Rights letters, though the carriers later filed Declaratory Judgment actions seeking declarations that they did not owe a duty to defend or indemnify. In short, the insurers argued in the alternative that they did not owe any obligation to provide coverage based upon Pennsylvania public policy (because the claims violated the Human Trafficking Law – 18 Pa.C.S. § 3011) and the terms and conditions of the policy. On motions for judgment on the pleadings, the District Court found for the insurers on the basis of public policy: There is no duty to defend or indemnify against actions arising out of an insured's criminal conduct related to the sex trafficking of minors. The Court appreciates that it may make public policy the basis of a judicial decision only in “the clearest of cases.” See Minnesota Fire & Cas. Co. v. Greenfield, 589 A.2d 854, 868 (Pa. 2004) (quoting Hall v. Amica Mut. Ins. Co., 648 A.2d 755, 760 (Pa. 1994)). Yet, the Court strains to imagine a clearer case than the one presented here in which the facts alleged indicate that Policyholders engaged in criminal conduct in violation of Pennsylvania's Human Trafficking Law. The hotel owners appealed the matter to the Third Circuit, which petitioned the Supreme Court of Pennsylvania to grant review of two certified questions of law: (1) whether Pennsylvania law had an “overriding public policy” against sex trafficking, such that an insurer’s duty to defend and/or indemnify is abrogated when an insured is alleged to have enabled or profited from such trafficking; and (2) if yes, is that duty abrogated whenever the insured’s alleged conduct would constitute a violation of the Pennsylvania Human Trafficking statute. Importantly, the certified questions did not ask the Supreme Court to determine whether the policies afforded coverage under their terms. Rather, the court was asked only whether Pennsylvania public policy independently barred coverage. As a result, the court assumed for purposes of answering the certified questions that the insurers otherwise owed a duty to defend and addressed only the public policy issue, leaving all policy-based coverage defenses for further proceedings. Because the court concluded that the answer to the first certified question was “no”, it did not reach the second issue. In reaching its determination that Pennsylvania public policy does not prohibit insurance coverage for sex trafficking claims, the court limited the impact of its decision in Minnesota Fire & Cas. Co. v. Greenfield, 855 A. 2d 854, 855 (Pa. 2004), which the RI Settlement opinion emphasized as having been an “Opinion Announcing Judgment of the Court” – or a plurality opinion. In Greenfield, the insured homeowner was sued by the estate of his houseguest who overdosed from heroin that he sold to her. The matter wound its way to the Supreme Court, which determined that the insurer did not owe a duty to defend or indemnify based upon Pennsylvania public policy, which criminalized the sale and use of heroin as a Schedule I narcotic. In RI Settlement, the court “decline[d] the invitation” to extend the rationale of the three-justice plurality in Greenfield beyond cases involving Schedule I controlled substances. In so holding, the justices in RI Settlement refused to “divine an overriding public policy pronouncement by the General Assembly by virtue of its enactment of the Human Trafficking Law.” The opinion further states that it is not “within the purview of this Court to rank the magnitude of the public policy underlying the various crimes defined in the Crimes Code. It is sufficient for the work of the courts to know that the General Assembly has identified conduct it deems harmful and dangerous to the maintenance of an orderly society and criminalized it.” While the court declined to declare that Pennsylvania public policy prohibits coverage for sex trafficking claims, the opinion in RI Settlement expressly states that insurers are free to include appropriate exclusionary language for such causes of actions in their policies if they desire to do so. It will certainly be interesting to see whether the insurance industry accepts the court’s invitation, or perhaps whether the Pennsylvania legislature steps in to clarify that sex trafficking claims are indeed of the type or magnitude that they should not be covered by insurance. In any event, we will, of course, continue to monitor this and other insurance coverage issues that arise before courts in Pennsylvania, New Jersey and throughout our firm’s geographic footprint and around the country.

Thought Leadership

New Jersey Appellate Division Affirms Exclusion of Legal Malpractice Expert as Impermissible Net Opinion

Jack Slimm and Jeremy Zacharias obtained a favorable decision on behalf of their client in a case centering on the admissibility of expert testimony in legal malpractice actions. In Martin v. Loury, the New Jersey Appellate Division affirmed the exclusion of a plaintiff's legal malpractice expert, holding that the expert's opinions on causation and damages were too speculative to support the malpractice claim. The legal malpractice action arose from an underlying employment dispute involving claims for damages stemming from the breach of an employment agreement. The plaintiff alleged that defense counsel committed malpractice during a second trial by failing to recall the plaintiff as a rebuttal witness after the employer's CEO testified. According to the plaintiff's expert, additional rebuttal testimony would have bolstered the plaintiff's damages claims and led to a more favorable result. Both the trial court and the Appellate Division rejected that theory. The courts found that the expert could not explain how the proposed rebuttal testimony would have altered the outcome of the underlying case or resulted in any additional recoverable damages. Notably, the trial judge in the underlying employment matter had already rejected the CEO's testimony as not credible and had accepted the damages analysis advanced by the plaintiff. The court had also determined that the amount of damages was not genuinely disputed. As a result, the expert's opinion that additional rebuttal testimony would have produced a better outcome was unsupported by the record and based on speculation rather than evidence. The Appellate Division agreed that neither the plaintiff nor the expert could identify any actual damages attributable to the alleged malpractice or demonstrate the required element of proximate causation. The court further upheld the trial court's application of New Jersey's net opinion doctrine, finding that the expert failed to provide the necessary "why and wherefore" supporting his conclusion that the attorney's conduct caused a compensable loss. Because the opinions rested on unquantified possibilities rather than demonstrable facts, they were inadmissible. Key Takeaway for Legal Malpractice Defendants For attorneys and firms defending legal malpractice claims, Martin v. Loury underscores the importance of closely scrutinizing an opponent's expert report on the critical elements of proximate causation and damages. The decision demonstrates that a malpractice claim cannot survive where an expert merely speculates that different litigation tactics might have produced a better result. Instead, the plaintiff must present admissible expert testimony grounded in the record that explains how the alleged attorney error probably changed the outcome of the underlying matter and resulted in measurable damages.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.