Martin A. Schwartzberg

Martin is a member of the Professional Liability Department where he represents design professionals in a wide variety of construction law matters. An experienced litigator who has handled cases from inception through trial, Martin regularly counsels and defends architects, engineers, landscape architects, land surveyors and construction firms in claims and lawsuits brought against them for professional malpractice, breach of contract, construction delays, construction defects, personal injury and property damage. He also defends design professionals in disciplinary actions brought by governmental authorities.

Martin has over twenty-five years of experience in handling Labor Law litigation, having represented owners, contractors, architects and engineers in defense of these types of claims. In addition to his significant experience in the defense of design and building professionals, Martin has also represented and defended other entities such as municipalities and property owners in premises liability matters. Martin shares his broad knowledge of risk and liability in numerous lectures and presentations he has made to various groups of design and construction professionals.

Martin attended the State University of New York at Binghamton and received his Bachelor of Arts in Political Science in 1986. He then went on to earn his juris doctor from Hofstra University School of Law in 1989. He is a member of the New York State Bar Association and is admitted to practice in New York and Connecticut, and before the United States District Courts for both the Southern and Eastern Districts of New York.

Year joined

2015

Results

NY Labor Law Case Won by Motion for Summary Judgement

New York Construction and Labor Law
January 24, 2018

Obtained summary judgment on behalf of an owner and tenant where plaintiff alleged violation of Labor Law 240(1), 241(6) and 200 when he fell off a ladder at the premises. The plaintiff claimed that the defendants violated these Labor Law sections in failing to provide him with a secure ladder and adequate safety devices while he was working on the alarm system at the premises. Defendants contended that the activity that the plaintiff was performing constituted maintenance and not repair of the alarm system and therefore was not an activity covered under the Labor Law.

Summary Judgment for Insurance Broker in Negligence and Breach of Contract Action

Insurance Agents & Brokers Liability
January 16, 2018

Obtained summary judgment in Nassau County, New York on behalf of an insurance broker in a negligence and breach of contract action. Our client allegedly failed to procure proper insurance coverage, resulting in uninsured Superstorm Sandy-related losses claimed to be in excess of $2.3 million. The court granted summary judgment and dismissal of the complaint, finding that the plaintiffs were unable to support its claims without non-hearsay evidence.

Claims Against Architectural & Engineering Firm Dismissed

Architectural, Engineering and Construction Defect Litigation
September 21, 2015

Obtained summary judgment and dismissal of all claims against our client, a prominent architectural and engineering firm. The case arose when the plaintiff, while on a sidewalk, was struck by a pipe that fell from 18 stories during the erection of pipe scaffolding around the building. The defense strategy focused on the architect's lack of an obligation for direction, supervision or control of the work, or for site safety. The court held that our client demonstrated its entitlement to summary judgment and that it had no duty to the plaintiff nor to the other defendants wi

Thought Leadership

Martin A. Schwartzberg Joins Marshall Dennehey in Melville, NY

Architectural, Engineering and Construction Defect Litigation
April 6, 2015
Martin A. Schwartzberg has joined the firm's Melville office as a shareholder in the Professional Liability Department.

New York Courts Continue to Require a High Standard of Proof to Support Claims Against Insurance Brokers

Long Island, NY - Melville
Insurance Agents & Brokers Liability
March 1, 2019
Edited by Timothy Ventura, Esq. Appellate Division Upholds Dismissal of Claims Against Insurance Broker

Long Island, NY - Melville
Insurance Agents & Brokers Liability
July 6, 2018
Edited by Timothy G. The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.

Spoliation Issues When Representing the Design Professional

Long Island, NY - Melville
Architectural, Engineering and Construction Defect Litigation
July 14, 2015

Classes/Seminars Taught

Ethics for Engineers, American Council of Engineering Companies (ACEC), Long Island Chapter, January 2016

Handling Potential Spoliation of Evidence Issues When Representing the Design Professional, CNA's 54th Annual Meeting of Invited Attorneys, 2015

Publications

Spoliation Issues When Representing the Design Professional, New York Law Journal, July 14, 2015

Legal Update for Insurance Agents & Brokers, contributor, July 2018 - present