44 Wall Street
New York, NY 10005-2407
ph: 212.701.4127
fx: 212.742.2760
Photo of Elio M. Di Berardino

Areas of Practice



Elio M. Di Berardino


Elio is an AV rated attorney who practices in a variety of areas and has focused his practice within the areas of Construction and Labor Law, Insurance Coverage litigation, Bad Faith claims, Premises Liability matters, Products Liability, General Defense and a variety of Banking, Leasing and other Commercial matters. He has represented a number of growing and well established business owners, commercial property owners, insurers, contractors as well as subcontractors and has obtained favorable results for each of his clients. He consciously attempts to streamline the litigation process and quickly seeks to resolve each matter through mediation, settlement or trial.


Certificates of Insurance: Worth the Paper Upon Which They're Written? NYS Business Law Journal, Vol. 19, 31 (2015)

Representative Experience

  • Yevgeny Gorbatov v. Matfer, et al., 136 A.D. 3d 745 (2d Dep’t 2016)

Obtained summary judgment from the bench on products liability action which was later affirmed upon appeal. Defendant Matfer and Crate & Barrel were not found liable for product liability and plaintiff’s conduct was determined to be sole proximate cause of his injuring his thumb.

  • Meah v. A. Aleem Construction, Inc., 105 A.D.3d 1017 (2d Dep’t 2013)

Obtained summary judgment for insurer that contractor had materially misrepresented his scope of work vitiating coverage. The matter was later affirmed upon appeal.

  • Dario Temperino v. Dra, Inc., 75 A.D.3d 543 (2d Dep’t 2010) 

Granted insurer summary judgment upon its motion that employee exclusion contained in its policy was sufficient to preclude coverage. Decision affirmed upon appeal.

  • Kiss Construction NY, Inc. v. Rutgers Casualty Insurance Company, 61 A.D.3d 412 (1st Dep’t 2009)

 Unanimous reversal upon appeal that coverage was vitiated ab initio because of insured’s material misrepresentations.

  •  Luis Carpio Sanchez v. Susan Nakamura, 34 Misc. 3d 1210 (A), 943 N.Y.S. 2d 790 (Sup. Ct. Queens Co. 2011)

In an articulate and copius decision, the Court granted insurer summary judgment predicated upon a valid employee exclusion embodied within policy.


  • French
  • Italian
  • Spanish


Professional & Community Activities

  • New York State Bar Association

  • American Bar Association
  • Wedgwood Cooperative Board, Legal Counsel and Board Member, 2010-Present

Honors & Awards

  • AV Rated Attorney, 2011
  • Who’s Who in American Colleges and Universities,1981
  • Pi Sigma Alpha, National Political Honors Society,1981