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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

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.

Thought Leadership

Pennsylvania Supreme Court Takes Up the Gist of the Action Doctrine

The gist of the action doctrine has been a hot topic in legal malpractice cases in Pennsylvania over the last several years.  Beginning in 2014, the Pennsylvania courts applied the gist of the action doctrine to professional liability actions, following the Pennsylvania Supreme Court’s opinion in Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014).  In Bruno, the court applied the gist of the action doctrine to a professional negligence claim, and found that a negligence claim was not barred simply because the parties were in a contractual relationship where the gist of the claim sounded in negligence. Thereafter, courts in Pennsylvania applied the gist of the action doctrine to breach of contract claims as well, finding that where the allegations sounded in negligence, a plaintiff could not recast a negligence claim as one for breach of contract. This was important because of the distinction between statutes of limitations: negligence claims must be brought within two (2) years, while breach of contract claims can be brought within four (4) years.  Then, last year, the Pennsylvania Superior Court held that the gist of the action doctrine does not apply to breach of contract claims as seen through two opinions. These opinions were Swatt v. Nottingham Village, 342 A.3d 23 (Pa. Super. 2025) and Poteat v. Asteak, et al., 350 A.3d 198 (Pa. Super. 2025). That is, the gist of the action doctrine can bar a negligence claim but it cannot bar a breach of contract claim.  This month, the Pennsylvania Supreme Court granted the petition for allowance of appeal in Poteat.  The Supreme Court phrased the issue for consideration as follows: Whether the Superior Court majority’s holding conflicts with this Court’s holding in Bruno v. Erie Insurance Co., 160 A.3d 48 (Pa. 2014), as well as Superior Court opinions that applied Bruno, and departs from almost 200 years of controlling precedent that distinguishes between causes of action in contract and tort based upon the nature of the duty that was allegedly breached? Attorneys on both sides of legal malpractice matters no doubt look forward to clarification on these issues from our Supreme Court.

Thought Leadership

Delaware Superior Court Clarifies Pleading Standard for Legal Malpractice Claims

In the matter of Edelstein v. Kirschner, No. N25C-09-018 FJJ, 2026 Del. Super. LEXIS 45, at *1 (Super. Ct. Jan. 29, 2026), the plaintiff law firm sued its former client for unpaid legal fees in the amount of $4,399.35. The former client asserted a counterclaim alleging legal malpractice. More, specifically, the former client claimed that his lawyer committed malpractice be recommending that he settle an underlying lawsuit by entering into a stipulated judgment for an excessive amount with interest that was accruing at “an outlandish” interest rate. The law firm moved to dismiss the counterclaim on the basis that its former client had not alleged facts reflecting that he could prove the case within the case. That is, facts reflecting that his attorneys caused him to lose the underlying case. The Superior Court held that while a legal malpractice plaintiff in cases arising from underlying litigation must prove the case within the case to survive a summary judgment motion, he does not need to plead facts reflecting as much in order to survive a motion to dismiss. While this case addresses the pleading requirements of a legal malpractice case in Delaware, it also serves as reminder that chasing unpaid legal fees from a former client can often give rise to a legal malpractice counterclaim. Attorneys seeking to collect unpaid legal fees should ensure that the fees they seek are for a significant amount, which would be recoverable if a judgment is obtained. Otherwise, the effort could backfire.