Joseph A. Catania, Jr.

Joseph A. Catania, Jr.

Attorney Profile

Top Rated Business Litigation Attorney in Newburgh, NY

Catania, Mahon, Milligram & Rider, PLLC
 | One Corwin Court, Newburgh, NY 12550
Phone: 845-764-4273
Fax: 845-565-1999
Selected to Super Lawyers: 2007 - 2018
Licensed Since: 1978
Education: Albany Law School
Practice Areas:
  • Business Litigation (40%),
  • Construction Litigation: Business (30%),
  • Personal Injury - General: Plaintiff (30%)
Attorney Profile

Joe is proud to have been recognized for his trial achievements by the American Association for Justice, a trial lawyer's peer group, who designated him a Diplomat of the National Board of Trial Advocacy after successful achievements on national testing of trial law and ethics, significant number of cases tried to verdict and peer review recommendations from judges and other attorneys, including adversaries. He is proud to be one of only a handful so designated lawyers in New York State. www.nblsc.us

 

 The Litigation Counsel of America, an honorary trial lawyers' society, constituted of less than one half of a percent of American lawyers, recently invited Joe to its highly selective membership, where he holds the Order of Centurion. www.litcounsel.com

Martindale-Hubbell, a peer review organization that has rated lawyers for over 100 years has honored him with the highest rank of AV, recognizing his skill, achievement and ethics as evaluated by other lawyers and judges. www.martindale.com

Joe graduated from Boston College and Albany Law School of Union University in 1977. He is admitted to all New York State courts, Southern and Northern District federal courts, the Federal Court of Appeals and U.S. Supreme Court.

Joe is a member of a number of professional associations, including the American Association of Justice, the National Board of Trial Advocacy, the New York State Trial Lawyers Association, the New York State Bar Association, the Defense Research Institute, the Association of Conflict Resolution, Settlement Systems, Resolute Systems, the American Arbitration Panel of Commercial and Construction Neutrals and the New York State Academy of Trial Lawyers.

Joe has a number of publications and speaking engagements as a speaker and author to his name, including : Lecturer and author: Discovery Techniques, National Business Institute Seminar; Lecturer and author, Labor Law Update, NYS Bar Association - Insurance, Negligence and Compensation Law Section Seminar; Lecturer and author, Malpractice and Legal Ethics, Lohrman, Inc.; Lecturer and author, NYS Bar Association Legal Malpractice Seminar; Lecturer and author: Legal Malpractice and Labor LawUpdate: Recent Developments in Personal Injury Law, New York State Bar Association; Lecturer and author: Avoiding Legal Malpractice, FLG&P CLE Program; Lecturer and author: Damages in New York: Opening andClosing Statements, National Business Institute.

Joe grew up in Newburgh, NY, where he met and married his childhood sweetheart, Pamela, and now lives in the Town of Newburgh with her, where he pursues his other passions of family, food, cycling and skiing.

My Promise To You

I promise that I will treat you with courtesy and respect.

I promise I will work hard for you.

I promise that I will try to answer your concerns and questions promptly and straight from the shoulder. No spin.

I promise I will not mislead you with respect to the circumstances of your case, the chances of recovery or the amount anticipated.

I promise I will respect your secrets and privacy.

I promise I will try at all times to fight as hard for you as I can, while conducting myself, at all times on your behalf, ethically and responsibly.

INJURY LAWYER

Accidents injure more than just flesh and bones. Accident injuries and disabilities take a toll on the victim's emotions, sense of self-worth, their families and their loved ones. No one works harder to get a just recovery for accident victims. Those responsible for accidents and injury and death are made accountable.

Joe has litigated all types of personal injury cases in Orange County, Ulster County, Dutchess County, Rockland County and beyond to the north and south of the Hudson Valley and New York. With Joe and the CMMR team of other lawyers, paralegals and staff, assembled around significant personal injury cases, there is never a question: When and if the case demands it, Joe has the skills and abilities to take the case to trial. He is the quintessential courtroom lawyer.

"I try to speedily maximize recovery for my clients so that they can use those resources to make their lives better. If I can do this earlier through a fair and negotiated settlement, so much the better. But that doesn't always happen, and if it can't be accomplished, the ultimate recovery is in the courtroom".

REPRESENTATIVE TYPES OF SIGNIFICANT CASES

• CONSTRUCTION ACCIDENTS: Paraplegia victim of unsafe ladder. Crushed foot from construction material collapse. Debris strewn walkway fall resulting in severely injured back.

• AUTOMOBILE ACCIDENTS: Death of young child as a result of a drunk driver. Recoveries obtained for the mother, as well, for her emotional trauma as a witness from the drunken driver, the automobile repair shop and the bar that served the driver.

• TRUCK ACCIDENTS: Wrongful death and pain and suffering, resulting from tractor trailer cross-over on a major highway.

• HUNTING ACCIDENTS: A child killed due to unsafe hunting practices of the adults supervising him.

• SLIP, TRIP AND FALL ACCIDENTS: Fracture sustained from falls on snow-covered ice, defective sidewalks and debris.

• DOG BITE INJURIES: Vicious pitbull attack on 5 year old boy, resulting in extensive facial scarring.

• PRODUCTS LIABILITY: Severe burns from defective stove and unreasonably flammable sweatshirt.

• BOATING ACCIDENTS: Severed finger from defective outboard.

• BRAIN INJURY: Car accident, closed-head injury, causing a small business owner to lose his business.

• DEFECTIVE ROADWAY: Mom and unborn child recovered against town for defective stop-signage. Motorcyclist successfully sued town for fallen tree from its right-of-way, obstructing the road.

• BICYCLE ACCIDENTS: Young man clipped by inattentive motorist.

BUSINESS TRIAL LAWYER

He guides clients in the construction process and resolution of disputes through all phases of the job. He has represented individuals in shareholder derivative actions, corporate waste, theft of corporate opportunity and employment/restrictive covenant disputes. He has represented lawyers, doctors, architects, engineers and design professionals for decades in all Mid-Hudson counties, icluding Orange, Rockland, Dutchess, Ulster and the Greater Mid-Hudson Region, north and south. Joe's reputation for skill and guidance in business and professional claims has prompted many client and attorney/colleague referrals.

"It gives me great satisfaction to be able to help other professionals and business leaders through difficult disputes and litigation. It demands an additional skill set as a trial lawyer. You have to be able to identify the best goal for the client, taking into account not only the legal merit of the claims or defense, but cost-effectiveness, customer preservation and professional business reputation".

So often, the referring attorney or client will state: "Joe, I told the client: 'If I were in trouble -you're the guy I'd want to represent me'".

 

Certificates and Credentials

  • National Board of Trial Advocacy

About Joseph Catania, Jr.

Admitted: 1978, New York

Professional Webpage: https://www.cmmrlegal.com/Attorneys/Joseph-A-Catania-Jr.shtm...

Special Licenses/Certifications:

  • Board Certified Civil Trial Advocate, National Board of Trial Advocacy; AV Peer Rated by Martindale-Hubbell

Bar/Professional Activity:

  • Orange County and New York State Bar Associations.  Construction and Commercial Neutral and mediator for the American Arbitration Association and Resolute Systems, Inc. United Arbitration, Inc.  Society of Professionals in Dispute Resolution.  New York State Trial Lawyers Association.  The Association of Trial Lawyers of America. National Association of Distinguished Counsel

Scholarly Lectures/Writings:

  • Lecturer and Author, "Legal Malpractice" and “Labor Law Update: Recent Developments in Personal Injury Law” ,New York State Bar Association; Lecturer and Author, “Avoiding Legal Malpractice”, FLG&P CLE Program; Lecturer and Author, “Legal Ethics and Malpractice in New York”,  Lorman Education Services;  Lecturer and Author, “Damages in New York: Opening and Closing Statements”, National Business Institute; Participant, “Advanced Management of the Arbitration Process in Complex Cases” , American Arbitration Association

Verdicts/Settlements:

  • CONSTRUCTION ACCIDENTS:  Paraplegia victim of unsafe ladder.  Crushed foot from construction material collapse.  AUTOMOBILE ACCIDENTS:  Death of young child as a result of a drunk driver.  Recoveries obtained for the mother, as well, for her emotional trauma as a witness from the drunken driver, the automobile repair shop and the bar that served the driver.  TRUCK ACCIDENTS:  Wrongful death and pain and suffering, resulting from tractor trailer cross-over on a major highway.  HUNTING ACCIDENTS:  A child killed due to unsafe hunting practices of the adults supervising him.  SLIP, TRIP AND FALL ACCIDENTS:  Fracture sustained from falls on snow-covered ice, defective sidewalks and debris.  DOG BITE INJURIES:  Vicious pitbull attack on 5 year old boy, resulting in extensive facial scarring.  PRODUCTS LIABILITY:  Severe burns from defective stove and unreasonably flammable sweatshirt.  BOATING ACCIDENTS:  Severed finger from defective outboard.  BRAIN INJURY:  Car accident, closed-head injury, causing a small business owner to lose his business.  DEFECTIVE ROADWAY:  Mom and unborn child recovered against town for defective stop-signage.  Motorcyclist successfully sued town for fallen tree from its right-of-way, obstructing the road.  BICYCLE ACCIDENTS: Young man clipped by inattentive motorist.  

Newsletters:

  • In the case, Regal Construction Corp. v. National Union Fire Ins. Co. of Pittsburgh (July 2009), the Court held that a construction manager (CM) is an additional insured on the contractor's liability policy, even though the accident arose out of the CM's operations and not the contractor's.      The general contractor's general liability and auto liability policies were endorsed to name the CM hired by New York City on a Riker's Island renovation project, "Only with respect to liability arising out of the prime contractor's ongoing operations performed for that additional insured".  When the contractor's employee sued the CM for personal injuries, the CM tendered its defense to the contractor's insurance company.  The twist here was that the CM, in order to prepare the site for a City inspection, had performed certain work that would otherwise have been the contractor's responsibility.  It was alleged that the work performed by the CM caused the worker's accident.      The insurance company denied coverage to the CM because the endorsement naming it an additional insured required that the work arise out of "operations performed by or on behalf of contractor in the performance of work under the agreement".  The agreement clearly called for the contractor, not the CM, to do the specific work involved.  The contractor intended to do so, but on a different time frame.  The CM, acting on its own initiative and for its own reasons, took that job upon itself.      The Court had to wrestle with the question of the scope of a general contractor's "operations" for purposes of triggering an additional insured endorsement where the actual work was done by a different agent of the owner, in this case, the CM.  The Court found that it was, contractually, the contractor's obligation to perform the work.  Therefore, the fact that the CM actually carried out that part of the work did not deprive it of its additional insured status.  Here, the Court found a sufficient nexus between the work performed by the CM and the "operations" of the contractor because, even though the CM performed the work, it was, contractually, the contractor's work to accomplish in the first place and so the work performed by the CM “arose out of the contractor’s operations” entitling the CM to coverage under the contactor’s policy of insurance.  This same issue can arise on projects that are traditional design, bid and billed.  For example, AIA contracts and general conditions often allow the owner to perform work that would otherwise have been the responsibility of the general contractor.  Does the interpretation by the court in this case provide a windfall to the insurers of the owner or the construction manager who are typically additional insureds on a contractor's policy by shifting the coverage to the contractor's insurer, even though the owner or the construction manager actually performed the work that resulted in the accident?      In another matter, the State's highest court continued its consistent and expansive reading of additional insured endorsements in favor of coverage.  In Kassis v. Ohio Casualty Ins. Co., decided in June of last year, a personal injury lawsuit once again resulted in the beneficiary of the additional insured endorsement tendering its defense to the named insured's insurance company when it was sued .       This policy contained a "blanket" additional insured endorsement.  These endorsements are used when the named insured is frequently asked to add other entities as additional insureds to its own policy, a circumstance well known in the construction industry, as it is required by most owner/contractor contracts.  The blanket additional insured endorsement relieves the insured of the administrative burdern of obtaining a specific endorsement each and every time it is required.  This is important to contractors, not only from an administrative standpoint, but also because it is the type of requirement that easily might be overlooked in the intensity of preparation of bids and commencement of the work after acceptance.  If the contractor neglects to add the additional named insured by specific endorsement, it may be in breach of the contract between it and the owner, CM or General Contractor, as the case may be.  The blanket endorsement automatically covers that circumstance.  Typically, the endorsement limits the additional insured status to those for whom the insured is "performing operations" and, therefore, terminates once the project is completed.      The Kassis decision found that the contract language between the insured (here, a tenant) and the additional insured (the landlord), required the tenant to obtain CGL insurance "for the mutual benefit of landlord and tenant" and that this designation was sufficient to make the landlord an additional insured.  It found it was the intent of the parties that the landlord should enjoy the same protection as the named insured.  Thus, the blanket additional insured endorsement was triggered and the tenant’s policy found to cover the landlord.      These issues frequently are of great practical consideration.      Recently, our firm handled a matter involving a general contractor, who was sued under New York State Labor Law for personal injuries sustained by an employee of a subcontractor on a construction site.  There, the client's policy of insurance contained, in somewhat obtuse language, an exclusion of coverage for what is usually the most prominent risk faced by the contractor – absolute liability for injuries sustained by workers on the site under New York's "scaffold" law.  It was only through deft argument, both legal and practical, that the carrier for the subcontractor was persuaded to take over the defense and indemnity of the client, who would have otherwise faced very significant exposure for legal fees and damage award.                   The law of contractual risk shifting in construction and commercial settings is nuanced and complex.  At TCLMM, we can help our construction and business clients navigate these issues and avoid circumstances that hold the potential of great harm. , COURT DECISIONS HIGHLIGHT THE COMPLEXITY OF CONSTRUCTION , Construction

Industry Groups

  • Construction Contractors Association Of The Hudson Valley; Northeast Subcontractors Association; Def
Office Location for Joseph A. Catania, Jr.

One Corwin Court
Newburgh, NY 12550

Joseph A. Catania, Jr.:

Last Updated: 4/6/2018

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