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04 Sep 2023
blog, E-bikes, Larry Luppi, News Permalink

New York Owners Must Go Beyond a New Law to Prevent E-Bike Fires

September 4, 2023

BY LARRY LUPPI

On any given night, a hungry New Yorker will pull up their favorite food delivery app and place an order.

Within minutes, a delivery driver will arrive with the food and a miracle of modern technology will have satisfied one person’s hunger for at least one more night.

But what the hungry New Yorker perhaps does not fully appreciate is that the same technology powering their phone also powered the delivery driver’s e-bike: a lithium-ion battery. And they may also be unaware that lithium-ion batteries are a leading cause of fatal fires in New York City.

In 2022, there were 220 fires started by lithium-ion batteries in New York City, causing six deaths. So far this year, we’ve seen 87 injuries and 13 deaths in Manhattan, including four deaths and two injuries in a Chinatown apartment fire when an e-bike battery purportedly exploded in the repair store below.

In an effort to contain the scourge of deadly e-bike fires, New York’s Local Law 39 will go into effect on Sept. 16, 2023, prohibiting the sale, lease or rental of e-bikes, and their batteries, that do not meet standards set forth by the Underwriters Laboratories or other standards established in consultation with the Fire Department of the City of New York.

While landlords may welcome any legislative action aimed at curbing these deadly blazes, they cannot rely on Local Law 39 alone to prevent all property damage or injuries associated with such fires.

The law may put parameters on the new stock of e-bikes being sold in New York City shops, but there are an estimated 65,000 e-bikes already traversing the five boroughs. Rounding up the old bikes that may thereafter fall below the new standards is impractical.

In August, several major international e-bike manufacturers either filed for bankruptcy or issued warnings about their ability to remain in business. This can result in greater opportunity for older, vintage bikes to fall into disrepair, as warranties evaporate and sources for replacement parts dry up.

Without access to proper customer support, someone who spent valuable money on such a bike, only to find that the battery is just not holding a charge, may have no choice but to log onto the Internet to buy what they think is a replacement battery that fits. What few understand is that while it might fit the device, the voltage may not be compatible. The result may eventually set a home or building ablaze.

And with many lithium-ion batteries being imported, it is also important to note that obtaining jurisdiction over the battery manufacturers is far from a sure thing.

As FDNY Commissioner Laura Kavanagh explained in the spring, lithium-ion fires are “not a slow burn; there’s not a small amount of fire, it literally explodes.” In addition, the fires are “very difficult to extinguish” and therefore “particularly dangerous.”

When deliveries became an essential service during COVID, this spurred the city’s legalization of e-bikes and scooters. Outside of relying on Local Law 39 or waiting for the state legislature to institute a wholesale prohibition on owning or using e-bikes, property owners have limited means to protect their buildings or their occupants from these devices.

Until a more comprehensive solution is reached, building owners would be wise to pay attention to the storage and charging of e-bikes inside their facilities, and some have even decided to ban e-bikes or their batteries within residential and commercial buildings. The New York City Public Housing Authority initially proposed a complete ban on battery-powered bikes because of the fire risk, but reconsidered after residents who use the devices for work and as a method of transportation complained.

To strike a balance between these competing interests, Mayor Eric Adams and U.S. Sen. Chuck Schumer secured a $25 million grant to install electric charging hubs at several housing facilities.

An estimated 112 million Americans reported using food delivery in 2020, and the industry is still going strong today, with food delivery expected to be a $32 billion industry by 2024. Those deliveries in a metropolitan region like our own will happen using e-bikes. Landlords and property owners must be aware of this ongoing threat that appears not to be going away.

Larry Luppi is a litigator and a partner at Coffey Modica representing insurers and their insureds.

10 Aug 2023
Michael Mezzacappa, News Permalink

Deeper Investigation Will Determine Cause of Manhattan Crane Collapse

August 10, 2023

Fire and insurance attorney Michael Mezzacappa weighs in on what, “at first blush, does not appear to be a typical crane collapse accident.”

By Michael P. Mezzacappa

The calm on Manhattan’s west side was shattered in the early morning hours of July 26 when a 45-story tall construction crane collapsed onto the streets below.

The crane was working on an under-construction 54-story, mixed-use skyscraper located between 41st and 42nd streets, a few blocks west of Broadway’s ‘Great White Way’ and a few streets north of the Jacob Javits Convention Center.

The crane was holding 16 tons of concrete at the time of the accident, according to city officials. Twelve people were reported as being injured and, on the way down, a part of the crane hit another nearby occupied tower.

Initial reports indicated that a fire started in the cab of the crane due to hydraulic fluid leaking onto a heated metal plate. When incidents like these occur, there is no shortage of whispers and speculation as fingers quickly point to who or what companies could be to blame.

After more than 35 years litigating high profile cases, especially catastrophic New York fires for major corporate defendants and on behalf of underwriters, at first blush, this does not appear to be a typical crane collapse accident.

It also does not initially appear that the rigging of the crane was done in a faulty manner. Instead, this accident appears to have resulted because of a fire that, in turn, caused failure of mechanical systems and devices that normally keep the crane operational and erect.

What was exceptionally-different here from any other crane collapse or accident was that the mechanical section of the crane was on fire 45 flights up.

Video and photos from the scene show that the mechanical section of the crane was heavily ablaze as FDNY companies arrived to tame the flames and the prevent the possible spread of any falling debris that might ignite other surrounding properties or vehicles below. 200 FDNY personnel were on the scene, according to FDNY Deputy Commissioner Joseph W. Pfeifer.

Reportedly, the boom of the crane was fine the days and weeks prior. Instead, it is highly likely that the high temperature within the mechanical section, specifically as result of the flames, caused degradation of the cables and other mechanical systems, compromising their ability to continue controlling crane operation and stability.

As was seen in the World Trade Center terrorist attack, high heat and flames often result in gradually weakening the strength and integrity of any metal—including, in this instance, those devices that control movement and action of a construction crane.

In any metropolitan area, and especially in the City of New York, there are very stringent testing, compliance and permitting protocols for construction sites and the safe operation of cranes. What’s more, there are always fail safes built in.

In a vertical city like New York, towering construction cranes regularly dot our landscape. They are essential to the city’s real estate ecosystem and their safety and operations are highly necessary.

In the end, the investigation of this accident is going to be conducted by multiple agencies, including the FDNY, the New York City Department of Buildings, OSHA and likely other agencies.

From years of experience in dealing with major investigations that involve fires, the forensics and laboratory reports alone can take a year or more in a jurisdiction like New York City.

In the end, it is highly likely that standards established by the National Fire Protection Association (NFPA) 921: Guide for Fire and Explosion Investigations will be used for the determining factors in this incident, to get to the root cause of how the first fuel ignited, which eventually led to the demise of control over the crane and part of its ultimate collapse to the construction site below.

Michael P. Mezzacappa is a partner & general counsel with Coffey Modica LLP. based in New York. He is a trial attorney who represents clients including insurers, property owners and managing agents, manufacturers, construction companies and trucking companies.

04 Aug 2023
Michael Coffey, Michael Mezzacappa, News, Robert Modica Permalink

Coffey Modica O’Meara LLP Changes Its Name To Coffey Modica LLP

August 4, 2023

White Plains, NY (August 4, 2023) –Since launching in 2021, rapid growing insurance defense firm Coffey Modica O’Meara LLP has become Coffey Modica LLP, reflecting continued growth and appellate success.

Michael Coffey, who is known for defending insureds in catastrophic, high-exposure cases, has set a high bar for the firm with the recent addition of partners Joseph D’Avanzo, Paul Golden, and Michael Mezzacappa.

“Our litigation and appellate practice,” said Mezzacappa. “sets a high standard in a unique niche practice that delivers results on the highest exposure cases in the country. We provide strategic litigation and trial support, monitoring, consulting and drafting as needed from start to finish, from discovery onward.  This early intervention ‘full-court press’ provides our clients and their counsel added-value services that improve their ability to evaluate legal issues and liability exposure, implement tactics and arguments to craft compelling summary judgment motions, and position themselves for a successful appeal or favorable negotiation.”

Working with Coffey Modica’s strategic framework for trial litigation, the entire process of the trial team through appellate risk. The firm’s teams have an enviable success record in dealing with international and national excess insurers and private clients in a wide variety of fields. Clients rely on the team to identify, evaluate, monitor, mitigate, and defend their risk in catastrophic property and casualty matters including claims of catastrophic personal injury, construction defect, product liability, subrogation, professional liability, premises liability, labor law, employment law, mass torts, complex torts, toxic torts, insurance coverage, and general commercial litigation.

“In today’s climate, nuclear verdicts are a real threat to insurers,” said Michael Coffey, founding partner of Coffey Modica LLP. “Joe, Paul and Michael bring a strong record of attention to detail and successfully minimize their clients’ risk by not only accurately evaluating legal issues and liability exposure. They totally understand the insurance industry and how the judiciary addresses these cases.  This directly informs how they counsel clients.”

Coffey Modica opened its doors in September of 2021 with its three founders and the firm now boasts a roster of 35 attorneys. In addition to top-tier client service, the firm prides itself on a positive, creative, and collaborative culture.

Coffey Modica represents numerous private clients and all major insurers, as well as Lloyd’s of London syndicates and leading self-insured companies with the following primary practice areas: Property & Casualty; Community & Homeowners’ Association Law; Construction & Construction Defect; Cyber, Technology, & Media; Directors and Officers; Employment Law; Medical Malpractice; Professional Liability and Trucking &Transportation.  It services a wide range of industries.

“We are moving full steam ahead,” explained Coffey. “We are busy servicing clients, litigating and trying cases, and onboarding laterals. We are thrilled to close out 2023 with a new name and such an accomplished team.”

About Coffey Modica LLP

Coffey Modica LLP is a New York-based defense litigation firm with offices in Manhattan, White Plains, Buffalo, New Jersey, and Connecticut. The firm represents defendants in high-profile, high-exposure matters across many disciplines and industries. Known for being aggressive trial attorneys and litigators, Coffey Modica resolves matters on behalf of its clients with the most cost-effective resolutions that are aligned with their short- and long-term business goals and culture.

16 May 2023
News Permalink

Coffey Modica Welcomes Counsel Jeffrey Gasbarro to the Firm

May 16, 2023

WHITE PLAINS, N.Y., May 16, 2023 /PRNewswire/ — Coffey Modica, a leading law firm specializing in insurance defense, is excited to announce Jeffrey Gasbarro has joined the firm as Counsel and will be based in the firm’s White Plains office. A renowned lawyer known for his legal skills and high aptitude, he will be part of the Appellate and Litigation Strategy Group and assist in the firm’s National Excess Trial Team with motions in limine and litigation. He has a particularized knowledge and insight into the NY Labor Law and brings a wealth of experience and background to the firm.

Coffey Modica is one of the fastest-growing law firms in the tri-state area specializing in insurance defense.

Jeffrey Gasbarro, Counsel, Coffey Modica LLP
Jeffrey Gasbarro

“We couldn’t be happier to welcome Jeffrey to our team,” Michael Coffey, founding partner of Coffey Modica. “Gasbarro’s depth of experience will be a valuable addition to our existing and future clients.”

In addition to his law practice, Jeffrey serves as a Reporter to the committee comprised of New York Judges that publishes the New York Pattern Jury Instructions–Civil. Known by practicing attorneys and judges simply as the “PJI”, it is a four-volume treatise containing jury instructions and commentaries that is used in every civil jury trial in the State of New York.

Previously, Jeff worked as a court attorney and law clerk for a total of ten years at the Appellate Division, Second Department, where he handled all types of civil, criminal, matrimonial, and family court matters. Jeff’s experience working behind the scenes at one of the busiest appellate courts in the country gives him a unique perspective to craft the best approach to successfully defend the client’s interests that will be an asset to the firm.

About Coffey Modica LLP

Coffey Modica LLP is a New York-based defense litigation firm with eight offices in New York, New Jersey, Connecticut, and Pennsylvania and is among the fastest-growing firms in the nation. The firm represents defendants in high-profile, high-exposure matters across many disciplines and industries around the country. Known for being aggressive trial attorneys and litigators, Coffey Modica resolves matters on behalf of its clients with the most cost-effective resolutions aligned with their short- and long-term business goals and culture.