Mitchell B. Levine

mitch@fishmanmcintyre.com

New York: 212-461-7190

Fax: 845-369-0673

Mitchell B. Levine
Partner



Mitch is a trial attorney in New York and New Jersey for two decades. He has a unique distinction of having tried many cases in both New York and New Jersey, as well as the Federal Courts of each state. He is a Partner with the firm, and is in charge of the Firm’s New York office.

Mitch’s practice encompasses two distinct fields of law: Defense of personal injury/general liability claims and commercial/business litigation. He has defended the gamut of the defense industry: National “big-box” retailers, supermarkets, shopping malls, maintenance contractors, property management entities as well as manufacturers and distributors in defense of bodily injury lawsuits. Mitch also defends construction site accident claims (Labor Law) and construction defect claims, property damage claims as well as subrogation recovery and insurance coverage disputes. Representing various business entities, Mitch has both prosecuted and defended cases involving shareholder and partnership disputes, buy–outs, collections, breach of contract claims and vender relation issues. 

Mitch previously served as Counsel to the country’s second largest cleaning and maintenance contractor, defending, coordinating and overseeing the defense of personal injury lawsuits in 19 states, as well as prosecuting and defending commercial lawsuits involving the company. Further, Mitch drafted many of the company’s current indemnity and insurance provisions in order to reduce, shift or eliminate its legal exposure. Mitch has extensive experience in the defense of premises and auto liability claims for many major insurance carriers, third party administrators and self-insured entities. Mitch has appeared in every venue - both State and Federal – in the New York Metropolitan area including arguing the cases before the Appellate Courts in New York and New Jersey.  He also has a unique distinction of having authored articles for both the New York Law Journal and New Jersey Law Journal on premises liability and civil procedure.

Practice Areas:

  • Premises/Retail Liability
  • Property Claims
  • Automobile/ Transportation Liability
  • Construction Accident/Defect Litigation
  • Labor Law Claims
  • Product Liability
  • Insurance Subrogation and Recovery
  • Partner/Shareholder Disputes/Buyouts
  • Insurance Coverage  
  • Commercial Litigation


Admitted to Practice:

  • New Jersey, 1992
  • United States District Court, District of New Jersey, 1992
  • New York, 1993
  • United States Court of Appeals, Third Circuit, 1993
  • Supreme Court of the United States of America, 1996
  • United States District Court, Southern District of New York, 1996
  • United States District Court, Eastern District of New York, 1999
  • United States Court of Appeals, Second Circuit, 2009


Education:

  • Trenton State College (Now, The College of New Jersey), Trenton, New Jersey, B.S., Law and Justice, 1989; Minor – Journalism
  • University of Bridgeport School of Law, Bridgeport Connecticut, J.D., 1992


Published Decisions:

  • DeVeau v. Galleria Mall, 796 N.Y.S.2d 405, 18 A.D.3d 695
    (2nd Dept., 2001)
  • Zabbia v. Simon Property Group, 795 N.Y.S.2d 319, 18 A.D.3d 542
    (2nd Dept., 2004)
  • Gentile v. Merrill Lynch, 805 N.Y.S.2d 220, 9 Misc.3d 111
    (App. Term, 2004)
  • Argueta v. Pomona Panorama Estates Ltd., 835 N.Y.S.2d 358,
    39 A.D.3d 785 (2nd Dept., 2007)
  • Vitra, Inc. v. Soho House, LLC, 856 N.Y.S.2d 100, 50 A.D.3d 529
    (1st Dept., 2008)
  • Magee v. 438 East 117th St., LLC, 868 N.Y.S.2d 35, 56 A.D. 3d 376
    (1st Dept.2008)


Published Works:

  • Author, Delivering a “Technical” Knockout; a Primer on R.4:37-2(a),
    150 New Jersey Law Journal 900 (1997)
  • Co-Author, Doctrine of "Open and Obvious" in New York,
    New York Law Journal, September 30, 2009, p. 4 & 10.
  • Co-Author, Change of Venue for Municipal Entities as Third-Party Defendants, New York Law Journal, December 14, 2011.


Professional Associations and Memberships:

  • Current and former member of the New York State Bar Association;
    New Jersey Bar Association and the Bergen County Bar Association
  • Member, Justice Morris Pashman Inns of Court (1994-1996)
  • Member, Defense Research  Institute (2004-2006)