Michael Guararra is a graduate of Oberlin College and St. John’s University School of Law. He is a member of the New York bar and is admitted to all New York federal district courts, including the Second Circuit Court of Appeals. He is also active in various bar organizations, including the Claims and Litigation Management Alliance and the Regis High School Bar Association.
Michael has extensive experience and proven track record of success from trials to appeals in federal and New York state courts. His practice for more than 30 years has particular emphasis in the areas of tort liability defense and construction defect claims. He is regularly called on to defend contractors in various trades and manufacturers in subrogated property damage claims. His work in these areas has allowed him to work closely with engineering and other experts, especially in fire and water losses, and to develop strong working relationships and experience with experts in many disciplines.
Other areas of his experience and expertise include defending and obtaining defense verdicts in product liability suits on behalf of manufacturers, designers, and distributors involving industrial products and household goods; defending general liability cases and premises liability cases on behalf of owners, general contractors, subcontractors and employers, including those alleging New York Labor Law job-site violations; representing parties alleged to have violated New York Navigation Law (oil spill claims); representing insurers in coverage opinions and litigation, declaratory judgment actions, primary/excess disputes, and special arbitrations between insurers; and representing parties in various commercial and real estate disputes involving issues such as trade secrets and the enforcement of restrictive covenants.
Representative matters include:
*Defense verdict in a jury trial on behalf of an electrician involving claims by seven subrogated insurers that the electrician’s work negligently caused a fire involving multi-million dollar damages.
*Defense verdict in a jury trial involving claim for serious burn injuries for allegedly exploding gas range.
*Directed defense verdict in a jury trial involving distribution of allegedly defective commercial washing machine that caused personal injuries.
*Summary judgment awarded in several actions in which claims were dismissed against the client contractor in subrogated property damage claims based on establishing that the contractor’s work was not a factor in causing the subject loss, whether it be by fire or water.
*Summary judgment on warnings and warranty claims in a products suit against a printing press distributor involving a hand crush injury.
*Summary judgment dismissing NY Labor Law strict liability claims against owners and general contractors.
*Continued representation of private homeowners’ associations in enforcing restrictive covenants against prohibited uses of real property and failure to pay dues. Regularly obtains preliminary and permanent injunctive relief and summary judgment against the offending property owner.
*Dismissal of all claims and obtained injunction against future court filings against a pro se plaintiff alleging damages from a private homeowners association for actions taken to enforce covenants that run with the land.
*Dismissal of all claims in property damage action based on spoliation of evidence by plaintiff’s retained investigator.
*Obtained pre-discovery dismissal of all subrogated property damage claims based on release and anti-subrogation rule.
*Dismissal of claims against a nationwide truck leasing company based on the federal “Graves Amendment” law.
*Dismissal of claims against a general contractor for injuries alleged to have been caused in connection with retail store renovation.
*Dismissal of injury claims against a construction company in connection with installation of the aluminum and glass enclosure system for a high-rise building.