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Elizabeth M. Guariglia

Portrait of Elizabeth M. Guariglia

Elizabeth is an attorney in the Casualty Department, where she represents clients in a wide range of matters, including New York labor law, general liability, premises and retail litigation, as well as trucking and transportation litigation.

A Long Island native, Elizabeth earned her Bachelor of Arts degree from Wake Forest University in North Carolina, graduating cum laude in 2020 with a double major in English and French Studies. She went on to attend the Maurice A. Deane School of Law at Hofstra University, where she earned her J.D. in 2023.

During law school, Elizabeth served as an Articles Editor for the Family Court Review. Her student note, "A, B, C, 1, 2, 3: How an Amendment to the New York State Education Law Will Give Private School Students an Equitable Education to Public School Students," was published in Volume 60 of the journal. Elizabeth is admitted to practice in New York.

    • Maurice A. Deane School of Law at Hofstra University (J.D., 2023)
    • Wake Forest University (B.A., cum laude, 2020)
    • New York, 2024
    • U.S. District Court Eastern District of New York, 2025
  • Obtained summary judgment dismissing all third-party claims against a local specialty contractor in a Brooklyn construction accident matter. The Court rejected claims for contractual indemnification and failure to procure insurance, finding that an unsigned work proposal and estimate did not constitute an enforceable contract and contained no indemnification or insurance procurement obligations. The Court also dismissed contribution claims after finding that the contractor neither owned the property nor supervised, controlled, or performed any work at the project site, having fully subcontracted the scope of work to another entity.

    Granted a motion for change of venue from Queens County to Westchester County in a motor vehicle accident case. According to the claimant, the accident occurred in Westchester County. Upon information and belief, the plaintiff resided in Westchester County on the date of commencement of this action. The defendant is a resident of Dutchess County, and defendant consolidated company's principal place of business is New York County. The plaintiff argued that Queens County was proper venue based on our client's company's place of business being listed as Astoria, Queens based on the vehicle registration. The plaintiff also argued that if the court decided Queens was not proper, then it should be transferred to New York County. The Second Department held that the sole residence of a domestic corporation for venue purposes is the county designated in its certification of incorporation, despite its maintenance of an office or facility in another county. We served the demand to change venue with our answer, and we moved to change venue within 15 days of service of the demand to change venue according to CPLR 511.

    Successfully granted a motion to compel acceptance of a late answer in a liability matter. The plaintiff suffered injuries after a locker fell on her while she was putting her things away, or taking them out, at the premises owned by our client. The plaintiff rejected our answer after it was eight months late, but never filed a default motion. We filed a motion to compel acceptance of our late answer. In opposition, the plaintiff filed a cross motion for default, citing cases from the judge that was presiding over this case, where he granted default judgments when defendants were less than eight months late in answering. We argued that in those cases, the plaintiff had already moved for default, along with highlighting case law that shows that if it can be proven that the delay in answering was due to the insurance carrier's fault or taking time to appoint counsel, then a delayed answer is acceptable. We had an affidavit from the insured and our insurance adjustor. Our motion was granted, and the answer was deemed timely served.

    Successfully obtained summary judgment in a multi-vehicle collision case before the Kings County Supreme Court. Our client was stopped at a red light when their vehicle was hit from behind, causing it to propel into another vehicle directly in front of it. We filed for summary judgment, which was granted after the court found that the vehicle that rear-ended our client was responsible creating a chain reaction, resulting in the damage of multiple vehicles.

Thought Leadership

Defense Digest

All Bark and All Bite

June 1, 2025

Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable.  After Flanders v. Goodfellow, 2025 WL 1127772 (N.Y. Apr. 17, 2025), a New York plaintiff may now also rely on rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances which caused the plaintiff’s injury. The New York Court of Appeals just did away with the “one-bite rule” and opened the possibility for finding dog owners liable in negligence for the “first bite” by a dog. In a case where a postal carrier was bitten by a dog while delivering a package to the dog owners’ residence, the court reinstated causes of action for strict liability and negligence against the dog’s owners. Anyone who has litigated a dog bite case in New York is aware of the so-called “one-bite rule.” This rule provides that, absent a history of prior acts showing vicious propensities on the part of the dog or other domestic animal, such as a prior bite, the owner may not be held liable in negligence for a “first bite” by the animal or charged with knowledge of vicious propensities. See Bard v. Jahnke, 848 N.E.2d 463, (N.Y. 2006).  In a recent decision, the New York Court of Appeals in Flanders v. Goodfellow, 2025 WL 1127772 (N.Y. Apr. 17, 2025), overruled Bard, supra, to the extent that it precluded negligence liability for harm caused by domestic animals and reinstated the plaintiff’s negligence cause of action. It held that the owner of a domestic animal who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities. It noted that a vicious propensity includes the propensity to do any act that might endanger the safety of the persons and property of others in a given situation, and it indicated that once an owner’s actual or constructive knowledge of their animal’s vicious propensities is established, the owner faces strict liability for the harm the animal causes as a result of those propensities.  Knowledge of vicious propensities “may of course be established by proof of prior acts of a similar kind of which the owner had notice,” a triable issue of fact “might be raised—even in the absence of proof that the dog had actually bitten some-one—by evidence that it had been known to growl, snap or bare its teeth.” Collier v. Zambito, 807 N.E.2d 254, 255-256 (N.Y. 2004); see also Bard, 848 N.E.2d at 466-467. A “vicious propensity” should be understood to include “any behavior that ‘reflects a proclivity to act in a way that puts others at risk of harm,’” see Hastings v. Sauve, 989 N.E.2d 940, 941 (N.Y. 2013), quoting Bard, 848 N.E.2d at 467. If there is a question of fact as to whether the dog owner should have known that the dog’s behavior reflected a proclivity to act in a way that puts others at risk of harm, see Collier, 807 N.E.2d at 256, this would preclude a grant of summary judgement on the strict liability cause of action. See Flanders. In Flanders, postal workers who had been to the dog owners’ residence stated that anyone in the defendants’ home would have been aware of the dog’s aggressive behavior, which included growling, snarling, barking, slamming into windows, and trying to bite at postal workers through the glass, 2025 WL 1127772, at *2. Although the defendants contended that they did not know of the dog’s behavior and emphasized that the postal workers did not report the dog’s behavior to them or the post office, that response merely presented questions of credibility about the defendants claimed ignorance of the dog’s behavior and the postal workers’ reasons for not reporting it. Id. Moreover, the defendants admitted that the dog got into a fight with another dog during its brief stint with its trainer. Id. Given all of this evidence, the New York Court of Appeals concluded that there was a triable issue of fact which precluded a grant of summary judgment for the defendants on the strict liability cause of action. Id. It also held that “to the extent we previously held that a plaintiff may not assert a common-law negligence cause of action against the owner of a domestic animal for harms caused by that animal, we now overrule that precedent.” Id. at *8.  A New York plaintiff who suffers an animal-induced injury, therefore, now has a choice. If the owner knew or should have known the animal had vicious propensities, the plaintiff may seek to hold the owner strictly liable. Or the plaintiff may now rely on rules of ordinary negligence and seek to prove that the defendant failed to exercise due care under the circumstances that caused their injury. A plaintiff may assert both theories of liability pursuant to Flanders.  Dog bite law is now all bark and all bite. Sounds “ruff” to us.    Defense Digest, Vol. 31, No. 2, June 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.