Jason is responsible for all aspects of civil litigation case management from intake to verdict. This includes drafting pleadings, discovery demands and responses, taking and defending depositions, drafting and arguing motions and appeals for both substantive and procedural issues. Jason appears at all types of court appearances in both state and federal courts of all levels including jury and bench trials.

Jason practices in multiple areas of civil litigation. His primary areas of practice include automobile liability; passenger transportation and trucking; premises liability; and insurance coverage including primary excess and reinsurance policies. Jason also has extensive experience in Trust & Estate litigation, commercial litigation and real estate litigation. He also serves as guardian ad litem in Westchester County Surrogate’s Court.

Jason is a New York native having graduated from the State University of New York at Binghamton in 1994 with a Bachelor of Science degree in biology. He was also co-captain of the school’s ski team. After college he worked in a Manhattan law firm’s asbestos litigation department before going to law school. Jason graduated cum laude from New York Law School in 1998 where he received the honor of being Chief Notes & Comments Editor on the New York Law School Journal of Human Rights. His Note on the constitutionality of same sex public education was published in the Journal. Jason also participated in the 1996 Charles W. Froessel Moot Court Competition.

Outside of the office, Jason has been a volunteer Attorney Coach for a local high school in connection with their participation in the New York State High School Mock Trial Competition.

Admissions

  • New York State Bar
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States Court of Appeals for the Second Circuit

Reported Verdicts

  • Hernandez v. Mele, defense verdict on damages (serious injury threshold) where plaintiff claimed cervical fusion as the result of accident, Supreme Court Orange County, 5/17/2013
  • Boyles v. Lewis, defense verdict on liability, Supreme Court Sullivan County, 10/24/2012
  • Clarke v. Phillips, defense verdict on liability, Supreme Court Dutchess County, 7/26/2012
  • E/O Perri v. Dawson, defense verdict on damages (serious injury threshold), Supreme Court Dutchess County, 3/29/2012
  • Merrill v. Gaynor, defense verdict on damages, Supreme Court Dutchess County, 8/1/2007
  • Marshall v. Grevers, defense verdict on damages, Supreme Court Westchester County, 4/1/2007
  • Lerch v. Booker, defense verdict on liability, Supreme Court, Putnam County, 8/1/2005
  • Pressley v. DePalma, et. al., defense verdict on liability, Supreme Court Orange County, 5/24/2005
  • Bayles v. VW Credit Leasing, defense verdict, USDC SDNY, 9/14/2004
  • Davis v. County of Westchester, defense verdict on liability, Supreme Court Westchester County, 7/27/2004

Reported Cases

  • Brito v. RDJ Express Transport, 135 A.D.3d 651, 23 N.Y.S.3d 572 (1st Dept. 2016)
  • Peluso v. Martinez, 136 A.D.3d 769, 24 N.Y.S.3d 731 (2d Dept. 2016)
  • Preciado v. Garfield, 133 A.D.3d 582, 18 N.Y.S.3d 562 (2d Dept. 2015)
  • Boyles v. Lewis, 112 A.D.3d 1255, 977 N.Y.S.2d 808 (3rd Dept. 2013)
  • O’Gara v. Alacci, 67 A.D.3d 54, 887 N.Y.S.2d 106 (2d Dept. 2009), Published as the NYLJ Decision of the Day on 9/29/2009
  • Moncrief v. DiChiaro, 52 A.D.3d 789, 862 N.Y.S.2d 67 (2d Dept. 2008)
  • McKenzie v. County of Westchester, 38 A.D.3d 855, 835 N.Y.S.2d 213 (2d Dept. 2007)
  • Garcia v. Peterson, 32 A.D.3d 992, 820 N.Y.S.2d 901 (2d Dept 2006)
  • Bayles v. Manns, Slip Copy 2006 WL 249560 (2d Cir. 2006)
  • Progressive Northeastern Ins. Co. v. Barnes, 30 A.D.3d 523, 817 N.Y.S.2d 120 (2d Dept. 2006)
  • Best v. Progressive Casualty. Ins. Co., 29 A.D.3d 503, 813 N.Y.S.2d 673 (2d Dept. 2006)
  • Xand Corp. v. Reliable Systems Alternatives Corp., 25 A.D.3d 795, 807 N.Y.S.2d 574 (2d Dept. 2006)
  • Kidsalso Gas Corp. v. Lancer Ins. Co., 21 A.D.3d 779, 802 N.Y.S.2d 9 (1st Dept. 2005)
  • DiVietro v. Gould Palisades Corp., 4 A.D.3d 324, 771 N.Y.S.2d 527 (2d Dept. 2004)
  • Maliszewska v.Potamkin New York LP Mitsubishi Sterling, 281 A.D.2d 353, 723 NYS2d 16 (1st Dept. 2001)
  • Brown v. City of New York, N.Y.L.J., 8/23/99, P.1, Col. 4, N.Y.L.J., 8/25/99, P.23, Col. 3.

Published Works

  • Note, Single-Sex Public Education: Separate But Equal is not Equal at the young Women’s Leadership School in New York City, 14 N.Y.L. Sch. J. Hum. Rts. 339 (Symposium 1997)

Professional Memberships

  • New York State Bar Association
  • Westchester County Bar Association
  • DRI, Member
  • Jewish Lawyers Guild, member Board of Governors, 2001 – present.

Contact

jbernheimer@kbnylaw.com