Mitchell B. Levine

Senior Partner

Mitch is a trial attorney in New York and New Jersey for approximately three decades. He has a unique distinction of having tried many cases in both New York and New Jersey. He is a Partner with the firm, and is in charge of the Firm’s New York office.

Mitch is a “litigation defense” attorney, through and through.  Since 1992, he has litigated on behalf of defendants all aspects of general tort, transportation and commercial liability, including premises and product liability matters, construction defect claims, “Labor Law” actions, false arrest, assault and battery, motor vehicle and trucking cases and insurance and contact related claims, all from suit through trial.

Mitch’s first jury trial, over 28 years ago, involved a mere $15,000.00 defending a restaurant operator against a vendor over French fries.  This first trial was only seven weeks after being admitted to the bar – talk about being thrown into the “fryer”!  Fast-forward a quarter century later, he defended a billion dollar trucking company arising out of a horrific, multi-fatality, multi-vehicle accident, which could have bankrupted the company.  Ultimately, the case was settled in less than one year for $13,000,000, an amount which given the certain liability against the client and the real possibility of punitive damages, represented an “exceedingly favorable” resolution which “saved our ass” (quotes from the company’s Vice President of Litigation).  Since his initial “French fry” case, Mitch has tried over 45 cases and obtained hundreds of dismissals.  In addition, he has resolved nearly a thousand other claims, many potential high exposure, and virtually all subject to confidentiality in order to protect the business and reputation of his clients.

Mitch represents many “household name”, Fortune 100 retailers including supermarkets, transportation companies and “big box” stores.  He is admitted in both New York and New Jersey, as well as all corresponding federal courts, appellate courts and the Supreme Court of the United States.

Mitch previously served as Counsel to the country’s then 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. Mitch drafted many of the company’s indemnity and insurance provisions in order to reduce, shift or eliminate its legal exposure. 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:

  • General Negligence/Torts
  • Premises/Retail Liability
  • Property Claims
  • Automobile/ Transportation Liability
  • Worker’s Compensation
  • Construction Accident/Defect Litigation
  • Labor Law Claims
  • Product Liability
  • Insurance Subrogation and Recovery
  • Partner/Shareholder Disputes/Buyouts
  • Insurance Coverage
  • Commercial Litigation
  • False Arrest
  • Assault and Battery
  • Malicious Prosecution

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


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

New York Published Decisions (recent only):

  • Zabbia v. Simon Property Group, 795 N.Y.S.2d 319, 18 A.D.3d 542 (2nd)
  • DeVeau v. Galleria Mall, 796 N.Y.S.2d 405, 18 A.D.3d 695 (2nd)
  • Gentile v. Merrill Lynch, 805 N.Y.S.2d 220, 9 Misc.3d 111 (App. Term)
  • Argueta v. Pomona Panorama Estates Ltd., 835 N.Y.S.2d 358, 39 A.D.3d 785 (2nd)
  • Vitra, Inc. v. Soho House, LLC, 856 N.Y.S.2d 100, 50 A.D.3d 529 (1st Dept.)
  • Magee v. 438 East 117th, LLC, 868 N.Y.S. 2d 35, 56 A.D. 3d 376 (1st Dept.)
  • Super Laundryland, Inc. v. U.S. Underwriters, 2008 WL 3350186 (S.D.N.Y.)
  • Cassiera v. Target Corporation, 2010 WL 2793778 (E.D.N.Y 2010)
  • Bynoe v. Target Corporation, 1:10-cv-01283-SLT (E.D.N.Y. 2012)
  • Pannell v Target Corporation, 1:11-cv-07326 (S.D.N.Y. 2013)
  • Fiore v. Shoprite Supermarkets, 63177/2013 (Sup Ct, Westchester Cty, 2015)
  • Gitter v Target Corporation, 1:14-cv-04460 (S.D.N.Y. 2015)
  • West v. Target Corporation, 16-016 (2016)
  • Fortune v Raritan Building Services, Corp., (App. Div. 2nd Dept 2019)
  • Wadsworth v Verizon, et al., 160150/2014 (Sup Ct, New York Cty, 2018)
  • Ellin v. Best Buy Stores, L.P., 1:16-cv-8855 (S.D.N.Y. 2018)
  • Pasini v. Godiva Chocolatier, 1:17-cv-01812 (S.D.N.Y. 2018)
  • Quidgley v Target Corporation, 1:15-CV-00184 (E.D.N.Y. 2018)
  • Revere v. Best Buy Co., Inc, 450019/2018 (Sup Ct, Kings Cty 2019)
  • Kesler v. Whole Foods Market, 9620/15 (Sup Ct, Nassau Cty. 2019)
  • Cuomo v. Target Corporation, 1:17-cv-05310 (EDNY 2019)
  • Yerry v. Whole Foods Market, 610791/17 (Sup Ct, Nassau Cty. 2019)
  • Diaz-Pascall v 77-79 E. 125th Street LLC, 151771/2019 (Sup Ct New York Cty 2020).
  • Live Nation Worldwide, Inc. v Best Buy Stores, L.P., 2021-00493 (App. Div. 1st 2021)
  • Nyambuu v Whole Foods Mkt. Group, Inc., 2020-00737, (App. Div. 1st 2021)

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

Recent Honors:

  • “America’s Top 100 Civil Litigators” – New York City
  • 2014 – 2021  New York Metro “Super Lawyer”
  • “Top Lawyers in New York” – The Legal Network
  • “Top Lawyers in New York” – The New York Times 2014 – 2020
  • Member, Claims and Management Institute

Mitch has been perennially designated as “Super Lawyer” for the New York Metropolitan Region (less than 5% of all attorneys are selected).  He is one of only approximately 30 attorneys selected for “Defense Civil Litigation” specialty.  Mitch has also been selected on multiple occasions as of one America’s Top 100 Civil Defense Litigators (“Selection to America’s Top 100 Civil Defense Litigators is by invitation only and is based on a broad array of criteria, including the candidate’s professional experience, litigation experience, substantial case results, representative high stake matters, and peer reputation”, among other factors).

Mitchell B. Levine