Publications

Please select any of the following links to read an article of current legal interest to lawyers or clients:

Publications

New York Municipal Liability Update 2016-2017
by Michael G. Bersani

New York Municipal Liability Update 2015-2016
by Michael G. Bersani

The Governmental Function Immunity Defense in Personal Injury Cases: An Analytical Template - Published in New York State Bar Journal, October 2015
by Michael G. Bersani

Municipal Liability Update 2014-2015
by Michael G. Bersani

New York Municipal Liability Annual Report 2014
by Michael G. Bersani

New York Municipal Liability Annual Report 2013
by Michael G. Bersani

The "Governmental Function Immunity"
by Michael G. Bersani

New York Municipal Liability Annual Report 2012
by Michael G. Bersani

Municipal Liability Precedents & Statutes 2011
by Michael G. Bersani

Municipal Liability Precedents & Statutes 2010
by Michael G. Bersani

New York Bar Association Personal Injury Treatise: Chapter on Municipal Liability
by Michael G. Bersani

Municipal Liability - 2008-2009 Summary of Key Cases
by Michael G. Bersani

Municipal Liability - 2007-2008 Summary of Key Cases
by Michael G. Bersani

Suits Against Public Entities
by Michael G. Bersani

Why some cases settle and some do not. - A basic explanation for clients
by Michael G. Bersani

Litigation and referrals as we start the 21st Century
by Michael G. Bersani

ARCHIVE OF OLDER ARTICLES:

Opposing Summary Judgment Motions brought under the "Open and Obvious Danger" Defense
by Michael G. Bersani

Untimely Service of Process under the new CPLR 306-b; A dark cloud with a silver lining
by Michael G. Bersani

Local Judge rules that No-Fault carrier cannot terminate medical benefits on grounds that injured party has reached MMI
by Michael G. Bersani

Analysis of the current MMI issue
by Michael G. Bersani

MMI ruling affirmed by Appellate Division, 4th Department. Winning your MMI no fault cases in light of this decision
by Michael G. Bersani

Court of Appeals, in Cohens v. Hess, holds that a vacated plea of guilty to a traffic violation may be used as evidence in a subsequent civil action
by Michael G. Bersani

Per diem arguments in New York - Where and How
by Michael G. Bersani

Client Reviews
★★★★★
He is one of the top lawyers in central New York & has the accolades to show for this, but in my book he's the top lawyer in the country. I am honored to have had the opportunity to work with Mr. Bersani & to have had him on my team! Matthew
★★★★★
I admire the amount of background work he did which was instrumental in getting me a very good settlement. Also, having never been involved in a personal injury lawsuit, Michael was very patient explaining the legal issues. You're in good hands with Michael Bersani and the firm of Michaels & Smolak. Richard
★★★★★
Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
★★★★★
Dave has handled our legal matters for over 20 years. Always there when we needed him. We were so happy with his professionalism and results that we referred him to several friends. If we ever need this type of service again, Dave will be the first and only call we make. Jackie