Robert Modica is the Managing Partner of Tyson & Mendes’ New York and New Jersey offices. Rob is a trial attorney. He has tried high profile cases throughout New York and New Jersey. His practice focuses primarily on professional liability, cyber, technology and media litigation, commercial litigation and construction/construction defect litigation. Mr. Modica represents a broad range of clients including directors and officers of both large and small businesses, attorneys, architects, engineers, accountants, brokers, manufacturers and distributers. Mr. Modica also represents businesses in various commercial disputes involving intellectual property rights, shareholder derivative claims and technology based claims arising out of privacy, data and cybersecurity breaches.
Throughout his legal career, Mr. Modica achieved numerous outstanding results for his clients. He won a defense verdict in a legal malpractice action filed by the plaintiff, the owner of a Long Island auto repair facility. He has won numerous summary judgment motions and obtained an appellate victory in a legal malpractice action. He also prevailed on a motion for summary judgment in a malicious prosecution case in the New York Supreme Court. Mr. Modica counsels clients in all phases of litigation from inception through trial. He has served as lead trial counsel and has experience conducting mediations and arbitrations, as well as drafting and arguing motions and appeals. Mr. Modica has also been invited to lecture locally and nationally to professional and legal organizations. A frequent contributor to Continuing Legal Education programs for the New York State Bar Association, Mr. Modica has lectured on issues involving legal malpractice claims, cybersecurity, employment related matters, premises liability and the art of conducting depositions. He has also given in-house seminars to insurance and self-insured organizations on a variety of matters.
Mr. Modica earned his J.D. from Albany Law School of Union University, during which he served on the Moot Court Board, was a member of the National Appellate Advocacy Team, and earned a place on the Dean’s List. He earned his B.S. in physics from the State University of New York at Albany, where he was a member/starter on the football team. Mr. Modica served as an extern for the Honorable David R. Homer in the United States District Court, Northern District of New York. He is licensed to practice in New York, New Jersey, the U.S. District Courts, Northern, Southern, Eastern, and Western Districts of New York, and the U.S. District Court, District of New Jersey.
Outside the office, Mr. Modica enjoys spending time with his wife and three kids. He also enjoys watching his kids play travel sports, mountain biking and weightlifting.
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A movie theater is on the hook for business losses due to COVID-19 shutdown orders, after the New York Supreme Court in Nassau County ruled the loss of the use of premises due to COVID-19 does not constitute a direct physical loss triggering business interruption coverage. Judge Driscoll recognized New York precedent requires a tangible physical alteration to the policyholder’s property, which did not occur in the case of Soundview Cinemas Inc. v. Great American Insurance Group.
Two important lawsuits have paved the way for business interruption coverage cases in New Jersey due to COVID-19: Optical Services USA v. Franklin Mutual Insurance Co. and Mac Property Group LLC v. Selective Fire & Casualty Insurance Co. Both are recent Superior Court decisions, decided on August 13, 2020, and November 5, 2020, respectively. In both cases, New Jersey Superior Courts addressed the key issue of whether…