Robert M. Conti

Associate

Uniondale, NY

Robert has more than 15 years of experience in state trial court and appellate practice, primarily in the defense of commercial owners and contractors in complex multi-party cases alleging violations of the New York State Labor Law and Department of Labor Industrial Code protections for injured workers; prosecuting and defending contractual and common-law indemnification matters; and interrelated commercial liability insurance coverage issues. Many of these cases involve third-party litigation with an injured worker’s employer and its casualty insurer concerning additional insured status, limits of coverage, priority of coverage, indemnity based on nexus as opposed to causation, an insurer’s direct defense obligation to indemnitees or those with additional insured status, and the administration of wrap-up owner or contractor controlled insurance programs.

Robert received a Bachelor of Business Administration from Hofstra University in 1990. He received his Juris Doctor from St. John’s University of Law in 1997. Before joining WSKSA, Robert was certified as a New York City police officer and practiced law as a senior associate with a general practice firm primarily representing businesses, public authorities and municipalities in matters ranging from premises liability to alleged police misconduct. Robert has additional experience in estate planning, guardianships, probate, administration, contested accountings and will contests.


Robert M. Conti

Representative cases

  • Matter of Gilmore, 87 A.D.3d 145 (2011) - Successfully litigated the novel issue that biological children of a testator, born prior to the execution of a final will but “after known,” are not entitled to be treated as adopted children under the case-law-created exception to EPTL 5-3.2.
  • Interboro Ins. Co. v. Fatmir, 89 A.D.3d 993 (2d Dep’t 2011) – Successfully obtained order providing judicial imprimatur to the insurer’s rescission of a homeowner’s policy ab initio on the ground of material misrepresentation in the application for insurance where the homeowner subsequently admitted under oath that the premises were never his residence, contrary to the prior “owner occupied” statement in the application, and the insurer established prima facie that its underwriting guidelines classified rental properties as an unacceptable risk.
  • Diana Morales v. Turner Constr. Corp. and S. DiGiacomo and Son, Inc., 2011 WL 1731414 (Sup. Ct., Nassau Co., 2011) – Obtained summary judgment dismissal of plaintiff’s complaint where defendant masonry trade contractor demonstrated that defendant was not a substantial contributing factor to the purported premises condition.
  • Aloise v. Saulo, 51 A.D.3d 831, 858 N.Y.S.2d 354 (2d Dep’t 2008) – Successfully obtained order, as a provident exercise of discretion to require the plaintiff to produce, at a further deposition, the nail gun that allegedly caused his injuries, where the record demonstrated that the issue of how the nail gun was used during the accident was "material and necessary" to the defense of the action.
  • Kobiashvilli v. Hill, 34 A.D.3d 747, 828 N.Y.S.2d 68 (2d Dep’t 2006) – Successfully obtained summary judgment dismissal of plaintiff’s complaint where defendant, a multiple residential unit premises owner, demonstrated without a question of fact that defendant did not create or have notice of the purported dangerous and/or defective premises condition.

Robert M. Conti

Publications

  • Contributing author to Legal Muscle: Anabolics In America, Rick Collins, J.D., Legal Muscle Publishing, East Meadow, New York (2002). ISBN 0_9726384_07 (www.legalmusclebooks.com).

Robert M. Conti

Professional memberships

  • Nassau County Bar Association
  • New York State Bar Association

Practice areas

  • Labor Law liability defense
  • General liability and insurance defense
  • Insurance law litigation
  • General business law
  • Commercial litigation

Bar admissions

  • New York, 1998
  • U.S. District Court, Eastern District of New York, 2000
  • U.S. District Court, Southern District of New York, 2008

Education

  • J.D., St. John’s University School of Law, Jamaica, New York, 1997
    • Awarded Best Orator, Appellate Advocacy
  • B.B.A., Hofstra University, Hempstead, New York, 1990
    • Dean’s List
    • Major: Business Administration