Berbenich, Robert W.

Associate

Mailing Address:

228 Park Avenue South
Suite 97572
New York, New York 10003-1502

Physical Location:

Long Island, New York

Direct Dial/Text: (516) 252-1801
Fax: (646) 609-8841
Email: rberbenich@gerberciano.com

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Rob is an Associate in the firm’s General Litigation, Construction, Transportation, and Product Liability Practice Group, as well as an active member in its Municipal and Government Practice Group. He has years of experience practicing in both the State Courts of the State of New York as well as the federal court system. He has represented his clients through all phases of litigation, including trials and appeals. Rob has his OSHA-10 certification and is very familiar with the safety measures required on a construction site. The OSHA-10 certification gives Rob a unique perspective when it comes to defending New York State Labor Law §§ 200, 240(1), and 241(6) claims. This insight, combined with his years of experience litigating construction claims, empower him to zealously advocate on behalf of property owners and contractors in this often high exposure area of litigation.

Rob represents clients on complex litigation matters and catastrophic injury cases. The focus of his practice is construction accident litigation, transportation, premises liability, and products liability. Rob represents some the largest construction companies in the industry. He has successfully defended major trucking, bus, and limousine companies, and he regularly advocates on behalf of one of the largest commuter railroads in the worlds. In addition, he defends numerous municipalities and incorporated villages across Long Island.

Rob earned his Juris Doctorate from Touro Law School where he graduated magna cum laude. During law school, he earned awards in categories of Constitutional Law, Evidence, Justice, Sales, and Criminal Law. He graduated in the top seven percent of his class. Rob attended Colgate University in Hamilton, New York for his undergraduate degree, and he remains active in the alumni organizations at both Touro and Colgate, as well as Chaminade High School in Mineola, New York.

In his personal time, Rob enjoys spending time with his wife, Alexis, and their daughter, Isabella. He has a love-hate relationship with the game of golf. He and his family enjoy the outdoors and love to get away skiing as often as they can. For some reason, he has remained a lifelong Buffalo Bills fan and gets to as many games as possible.

Full Biography

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
EDUCATION
  • Touro Law Center, J.D., magna cum laude, Dean’s List, 2013
  • Colgate University, B.A., 2003
HONORS
  • Recipient, Center for Computer-Assisted Legal Instruction (CALI) Excellence for the Future Award (Criminal Law, Evidence, Constitutional Law, Sales, Justice)

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • Chaminade Lawyers Association
  • Colgate Lawyers Association
  • Colgate Alumni Association
  • Department of Labor OSHA-10 Construction Training

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • Volunteer, Legal Aid Society of Suffolk County

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • Author, “New York’s Labor Law: An Introduction and Recent Trends,” NYSBA Young Lawyers Section Blog, June 21, 2015
  • Author, “Mentorship: A Must-Have for the Young Lawyer,” NYSBA Young Lawyers Section Blog, May 2015

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  •  “Honing Your Deposition Skills 2014,” New York State Bar Association CLE Program, October 24, 2014

Practice Areas

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Green v. Himon – Supreme Court of the State of New York, New York County, Index No: 161441/2014
In this case, the plaintiff was standing on a sidewalk, was struck by a motor vehicle, and she had her leg severed.  Because of the circumstances before and immediately after the accident, the accident received significant media attention.  The plaintiff sued, among others, the adjacent building owners alleging there should have been barricades to prevent vehicle incursions.  Rob successfully argued the adjacent building did not breach any duty to the plaintiff by not having barricades, despite the fact that there were barricades in other area.  This case presented for high exposure, and Rob’s clients were awarded summary judgment.

Humayun v. Huntington Coach – Supreme Court of the State of New York, Suffolk County, Index No: 33918-2012
In a case where the plaintiff was killed in a motor vehicle accident with a school bus, Rob was able to successfully argue in a motion for summary judgment that the bus driver was confronted with an unexpected emergency, and she acted reasonably and prudently, and plaintiff’s claims were dismissed in their entirety.

Reitmayr v. Red Carpet Coach – Supreme Court of the State of New York, Suffolk County, Index No: 110116-2013
Plaintiff argued the defendant bus driver operated a bus in an erratic manner, and stopped the bus suddenly, which resulted in the plaintiff suffering a very large laceration covering the entire side of his body.  Despite being confronted with affidavits from multiple witnesses in opposition to his motion, Rob successfully argued in a motion for summary judgment that his clients, a coach bus company and driver, did not stop the bus in a sudden matter and did not operate the bus erratically.  The bus company and driver were awarded summary judgment, and plaintiff’s claims were dismissed.

Commuter Railroad Gap Incident
In a matter involving an 87 year old woman who allegedly fell through the gap between a train and platform down to the track-level below, Rob was able to exploit flaws in plaintiff’s expert’s arguments in a motion for summary judgment that resulted in a favorable settlement at jury selection during the pendency of the motion.

Neal v. the LIRR – Supreme Court of the State of New York County, Index No: 153128/2014
After the signing of the Uniform Notice of Claim Act, Rob was able to successfully argue that although this cause of action accrued after the Act was signed, it occurred before the Act became effective, and as such, plaintiff did not timely file their Complaint against the LIRR.  The case was dismissed against the LIRR through motion practice.

Williams v. Clintrak Holdings – Supreme Court of the State of New York, Suffolk County, Index No: 002093/2012
In a premises liability matter, Rob was able to successfully argue in a motion for summary judgment that an affiliated holding company was not the actual property owner, and his clients were awarded summary judgment dismissing plaintiff’s claims.

Chadband v. Smith Limousine – Supreme Court of the State of New York, Queens County, Index No: 700538/2014
In a motor vehicle accident case where the plaintiff alleged multiple disc bulges and herniations, along with additional head, neck, back, and shoulder injuries, Rob filed a motion for summary judgment arguing she did not suffer a serious injury as defined by New York State’s Insurance Law.  During the pendency of the motion, all parties agreed to a favorable settlement agreement for the defendants.

Municipal Cases
Robert has achieved successful results through motion practice for many municipal entities and incorporated villages across Long Island.  In a number of personal injury cases, Rob has successfully argued on multiple occasions that the subject accidents happened outside the municipality’s jurisdiction, that the municipality did not have prior written notice of the alleged defect as required by applicable New York State Law and Village Code, and that the municipalities did not create the defect the plaintiffs alleged caused their accidents.  Among others, he has achieved these results for the Village of Port Washington North, the Village of Mineola, the Village of Atlantic Beach, the Village of Rockville Centre, and the Village of Patchogue.

Rob is an Associate in the firm’s General Litigation, Construction, Transportation, and Product Liability Practice Group, as well as an active member in its Municipal and Government Practice Group. He has years of experience practicing in both the State Courts of the State of New York as well as the federal court system. He has represented his clients through all phases of litigation, including trials and appeals. Rob has his OSHA-10 certification and is very familiar with the safety measures required on a construction site. The OSHA-10 certification gives Rob a unique perspective when it comes to defending New York State Labor Law §§ 200, 240(1), and 241(6) claims. This insight, combined with his years of experience litigating construction claims, empower him to zealously advocate on behalf of property owners and contractors in this often high exposure area of litigation.

Rob represents clients on complex litigation matters and catastrophic injury cases. The focus of his practice is construction accident litigation, transportation, premises liability, and products liability. Rob represents some the largest construction companies in the industry. He has successfully defended major trucking, bus, and limousine companies, and he regularly advocates on behalf of one of the largest commuter railroads in the worlds. In addition, he defends numerous municipalities and incorporated villages across Long Island.

Rob earned his Juris Doctorate from Touro Law School where he graduated magna cum laude. During law school, he earned awards in categories of Constitutional Law, Evidence, Justice, Sales, and Criminal Law. He graduated in the top seven percent of his class. Rob attended Colgate University in Hamilton, New York for his undergraduate degree, and he remains active in the alumni organizations at both Touro and Colgate, as well as Chaminade High School in Mineola, New York.

In his personal time, Rob enjoys spending time with his wife, Alexis, and their daughter, Isabella. He has a love-hate relationship with the game of golf. He and his family enjoy the outdoors and love to get away skiing as often as they can. For some reason, he has remained a lifelong Buffalo Bills fan and gets to as many games as possible.

EDUCATION
  • Touro Law Center, J.D., magna cum laude, Dean’s List, 2013
  • Colgate University, B.A., 2003
HONORS
  • Recipient, Center for Computer-Assisted Legal Instruction (CALI) Excellence for the Future Award (Criminal Law, Evidence, Constitutional Law, Sales, Justice)
  • Chaminade Lawyers Association
  • Colgate Lawyers Association
  • Colgate Alumni Association
  • Department of Labor OSHA-10 Construction Training
  • Volunteer, Legal Aid Society of Suffolk County
  • Author, “New York’s Labor Law: An Introduction and Recent Trends,” NYSBA Young Lawyers Section Blog, June 21, 2015
  • Author, “Mentorship: A Must-Have for the Young Lawyer,” NYSBA Young Lawyers Section Blog, May 2015
  •  “Honing Your Deposition Skills 2014,” New York State Bar Association CLE Program, October 24, 2014

Green v. Himon – Supreme Court of the State of New York, New York County, Index No: 161441/2014
In this case, the plaintiff was standing on a sidewalk, was struck by a motor vehicle, and she had her leg severed.  Because of the circumstances before and immediately after the accident, the accident received significant media attention.  The plaintiff sued, among others, the adjacent building owners alleging there should have been barricades to prevent vehicle incursions.  Rob successfully argued the adjacent building did not breach any duty to the plaintiff by not having barricades, despite the fact that there were barricades in other area.  This case presented for high exposure, and Rob’s clients were awarded summary judgment.

Humayun v. Huntington Coach – Supreme Court of the State of New York, Suffolk County, Index No: 33918-2012
In a case where the plaintiff was killed in a motor vehicle accident with a school bus, Rob was able to successfully argue in a motion for summary judgment that the bus driver was confronted with an unexpected emergency, and she acted reasonably and prudently, and plaintiff’s claims were dismissed in their entirety.

Reitmayr v. Red Carpet Coach – Supreme Court of the State of New York, Suffolk County, Index No: 110116-2013
Plaintiff argued the defendant bus driver operated a bus in an erratic manner, and stopped the bus suddenly, which resulted in the plaintiff suffering a very large laceration covering the entire side of his body.  Despite being confronted with affidavits from multiple witnesses in opposition to his motion, Rob successfully argued in a motion for summary judgment that his clients, a coach bus company and driver, did not stop the bus in a sudden matter and did not operate the bus erratically.  The bus company and driver were awarded summary judgment, and plaintiff’s claims were dismissed.

Commuter Railroad Gap Incident
In a matter involving an 87 year old woman who allegedly fell through the gap between a train and platform down to the track-level below, Rob was able to exploit flaws in plaintiff’s expert’s arguments in a motion for summary judgment that resulted in a favorable settlement at jury selection during the pendency of the motion.

Neal v. the LIRR – Supreme Court of the State of New York County, Index No: 153128/2014
After the signing of the Uniform Notice of Claim Act, Rob was able to successfully argue that although this cause of action accrued after the Act was signed, it occurred before the Act became effective, and as such, plaintiff did not timely file their Complaint against the LIRR.  The case was dismissed against the LIRR through motion practice.

Williams v. Clintrak Holdings – Supreme Court of the State of New York, Suffolk County, Index No: 002093/2012
In a premises liability matter, Rob was able to successfully argue in a motion for summary judgment that an affiliated holding company was not the actual property owner, and his clients were awarded summary judgment dismissing plaintiff’s claims.

Chadband v. Smith Limousine – Supreme Court of the State of New York, Queens County, Index No: 700538/2014
In a motor vehicle accident case where the plaintiff alleged multiple disc bulges and herniations, along with additional head, neck, back, and shoulder injuries, Rob filed a motion for summary judgment arguing she did not suffer a serious injury as defined by New York State’s Insurance Law.  During the pendency of the motion, all parties agreed to a favorable settlement agreement for the defendants.

Municipal Cases
Robert has achieved successful results through motion practice for many municipal entities and incorporated villages across Long Island.  In a number of personal injury cases, Rob has successfully argued on multiple occasions that the subject accidents happened outside the municipality’s jurisdiction, that the municipality did not have prior written notice of the alleged defect as required by applicable New York State Law and Village Code, and that the municipalities did not create the defect the plaintiffs alleged caused their accidents.  Among others, he has achieved these results for the Village of Port Washington North, the Village of Mineola, the Village of Atlantic Beach, the Village of Rockville Centre, and the Village of Patchogue.