Biography | Aviva Stein

Aviva Stein is a seasoned litigator and trial attorney whose multifaceted practice encompasses general liability defense work, including premises liability defense, construction matters, property damage litigation, labor law matters, and insurance coverage analysis and litigation. She is well-versed in successfully handling a broad range of high-exposure cases before the New York Supreme Courts and District Courts, as well as the Appellate Divisions of the First and Second Departments. Additionally, Aviva partners her legal acumen with her extensive show jumping background to defend farms, barns, trainers, and other equine professionals against claims related to general liability, premises liability, and contract disputes. Aviva’s extensive experience, commitment to excellence, and steadfast lawyering routinely achieve favorable decisions for the numerous Wilson Elser clients she serves as direct counsel, monitoring counsel, or pre- and post-verdict parachute counsel. In addition to serving as first chair, Aviva frequently collaborates with one of the firm’s foremost trial lawyers, forming a formidable courtroom team that consistently achieves superior trial results for its clients and those of others.

Aviva’s insurance coverage and litigation practice includes coverage analysis and litigation for domestic and international primary and excess insurers with an emphasis on complex coverage issues within the United States. She routinely provides coverage assessments and is litigation counsel (for declaratory judgment issues or defense litigation) for international carriers with high-exposure claims based in the United States and has achieved notable and favorable results for Underwriters in the London insurance market.

Aviva is an active member of the firm’s Complex Tort & General Casualty Practice team; the Insurance & Reinsurance Coverage and Defense practice teams; and the London Market, Canada, and Israel practice teams. She is a frequent presenter to the London Market, various London syndicates, domestic carriers, brokers, and insureds on all topics ranging from best practices, risk management, litigation dos and don’ts, trial strategies, current and forecasted legal trends, statutory law, case handling, emerging law around the country, mediation and best settlement practices, and insurance policy interpretation, to name a few. Aviva also is involved with the firm’s trial training program, helping to develop the deep bench of up-and-coming trial attorneys within Wilson Elser. Aviva frequently steps up to solve problems and find creative solutions for clients and colleagues alike.

Areas of Focus

General Liability Litigation
In connection with her general liability defense practice, Aviva defends many well-known real estate investment trusts, commercial real estate conglomerates, hospitals and medical facilities, nursing and other community living homes, sports leagues, national and international sports franchises, sports arenas and entertainment venues, equestrian properties and business owners, global investment firms and national construction entities in their capacities as property owners and contractors in connection with general liability claims, premises litigation and complex Labor Law claims. Aviva’s significant experience defending premises liability matters includes defense of claims regarding personal injury, slip and fall and trip and fall premises cases, horseback-riding injuries and equine sale contract disputes, assault, conspiracy, inadequate security, elevator and escalator malfunction accidents, ADA compliance, construction accidents and auto claims to name a few. She also handles cases involving property damage, navigation law claims against petroleum companies and commercial carriers, and product liability matters as well as employment matters within the District Courts of New York. In addition, Aviva routinely is retained as monitoring counsel in high-exposure personal injury matters in both the general liability context and labor law/construction sector and retained post-verdict to guide results to a more favorable outcome.

Insurance Law Coverage and Litigation
In connection with her insurance coverage and litigation practice, Aviva’s practice and team handles insurance coverage work focused on analysis and litigation of complex coverage issues for domestic and international market insurers. Her practice includes coverage analysis, opinions, declaratory judgment actions, subrogation defense, property damage analysis and litigation from the coverage side, and complex and routine coverage litigation at all levels of exposure, particularly coverage disputes involving large and/or complex claims on primary and excess policies. Aviva’s work for the international insurance markets brings her to the firm’s London office quarterly where she consults with various underwriters on U.S.-based claims, providing advice and guidance in all aspects of ongoing insurance coverage litigation.

Equine Defense Matters
Aviva joins her extensive show-jumping experience with her litigation practice, defending horse owners, property owners, stable owners, and English and Western training facilities against personal injury, contract disputes, and property damage complaints brought in connection with equine sports. She works hand in hand with these facilities, horse professionals, and horse owners to smartly navigate the defense of their cases, leveraging her long-standing litigation career and extensive equine experience to achieve optimal outcomes.

Education

Hofstra University School of Law (J.D., 2005)
Goucher College (B.A., 2002)
- cum laude

Bar Admissions

New York
New Jersey

Court Admissions

U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York

Professional Affiliations

American Bar Association
New York State Bar Association
New York City Bar Association

Awards & Honors

Selected for inclusion in Super Lawyers Top Women Attorneys, New York Metro, 2016
Selected for inclusion in Rising Stars for New York Super Lawyers, 2015
Panelist, "Labor Law and Construction Accidents," New York State Bar Association Continuing Education Program, 2009-2013

News Briefs

National Trial Advocacy Training – The Distaff Angle

June 30, 2023

News Briefs

Wilson Elser Trial Team Scores Noteworthy Damages Verdict

July 11, 2022

Press Releases

Wilson Elser Promotes 10 to Equity Partner

January 29, 2019

Events

Aviva Stein is a seasoned litigator and trial attorney whose multifaceted practice encompasses general liability defense work, including premises liability defense, construction matters, property damage litigation, labor law matters, and insurance coverage analysis and litigation. She is well-versed in successfully handling a broad range of high-exposure cases before the New York Supreme Courts and District Courts, as well as the Appellate Divisions of the First and Second Departments. Additionally, Aviva partners her legal acumen with her extensive show jumping background to defend farms, barns, trainers, and other equine professionals against claims related to general liability, premises liability, and contract disputes. Aviva’s extensive experience, commitment to excellence, and steadfast lawyering routinely achieve favorable decisions for the numerous Wilson Elser clients she serves as direct counsel, monitoring counsel, or pre- and post-verdict parachute counsel. In addition to serving as first chair, Aviva frequently collaborates with one of the firm’s foremost trial lawyers, forming a formidable courtroom team that consistently achieves superior trial results for its clients and those of others.

Aviva’s insurance coverage and litigation practice includes coverage analysis and litigation for domestic and international primary and excess insurers with an emphasis on complex coverage issues within the United States. She routinely provides coverage assessments and is litigation counsel (for declaratory judgment issues or defense litigation) for international carriers with high-exposure claims based in the United States and has achieved notable and favorable results for Underwriters in the London insurance market.

Aviva is an active member of the firm’s Complex Tort & General Casualty Practice team; the Insurance & Reinsurance Coverage and Defense practice teams; and the London Market, Canada, and Israel practice teams. She is a frequent presenter to the London Market, various London syndicates, domestic carriers, brokers, and insureds on all topics ranging from best practices, risk management, litigation dos and don’ts, trial strategies, current and forecasted legal trends, statutory law, case handling, emerging law around the country, mediation and best settlement practices, and insurance policy interpretation, to name a few. Aviva also is involved with the firm’s trial training program, helping to develop the deep bench of up-and-coming trial attorneys within Wilson Elser. Aviva frequently steps up to solve problems and find creative solutions for clients and colleagues alike.

Greenfield and Stein Score Landmark Summary Judgment in Hockey Puck Injury Case for Premiere Sports Venue

Benjamin Greenfield (Associate-White Plains) and Aviva Stein (Partner-New York) obtained summary judgment in New York County Supreme Court in a premises liability action involving a hockey puck strike injury at a New York professional arena, our client. The plaintiff alleged he was struck in the hand by a deflected puck while seated in section 115, row 3, located in the first row on the side of the arena, between the goal and the blue line and even with the faceoff circle. The shielding in place for this area comprised a combination of boards and plexiglass extending more than 9 feet above the ice/playing surface. The arena issued verbal and written warnings on the scoreboard concerning the risk of pucks entering unscreened seating areas and included warning language on the back all tickets. Following the close of discovery, Ben and Aviva moved for summary judgment pursuant to the prevailing “limited duty rule” in New York highlighting that the arena discharged its limited duty by erecting boards and glass around the arena’s perimeter that complied with and exceeded NHL regulations and arguing that the arena was not required to completely eliminate the risk of pucks entering the area along the side of the ice where plaintiff was seated, as it was not the area of greatest danger.

In opposition, plaintiff argued that he had the “justified expectation” that no pucks could come into his area since he was seated in the first row behind and below the level of the plexiglass screening in front of him. Plaintiff further contended in circular fashion that because a puck came into an area, something must have been wrong with the shielding and the arena should have enacted further measures. On reply, Ben and Aviva highlighted that plaintiff failed to rebut that the Arena discharged its limited duty as a matter of law, stressed that plaintiff’s circular logic was not sufficient to create a factual issue with regard to the sufficiency of the spectator shielding, and distinguished the cases relied upon by the plaintiff, which either involved plaintiffs struck in the area behind the goal in the area of greatest danger or where an actual defect was proven with respect to the shielding measures provided.

Judge Bluth granted the Defendants’ motion agreeing that MSG is not required to eliminate the risk that a puck may enter the seating area on the side of the ice, which is not the area of greatest danger, as such a standard would be tantamount to requiring netting throughout the arena or boards that extend up to the ceiling. Remarkably, this is the first decision addressing and enforcing the application of the limited duty rule (applicable to proprietors of sporting venues) at the arena since the enhanced shielding measures (netting at the ends of the rink) were implemented in the Fall of 2002 in the wake of Brittany Cecil’s tragic death. This decision comes at a critical time given the expansion of netting in some baseball stadiums, the sport from which the limited duty rule derived, which was developed by some practitioners as a platform to try and undermine the limited duty rule and argue for a higher standard in the sport of Hockey. Barring any adverse development at the appellate level, which is not expected, this decision constitutes critical case law that supports the continued application of the limited duty rule to the sport of Hockey now and going forward.

Aviva Stein and Benjamin D. Greenfield

Lum, Stein and Budofsky Obtain Jury Verdict in Favor of NY’s Largest Health Care Provider

New York partners Larry Lum and Aviva Stein and White Plains associate Rachel Budofsky successfully defended New York’s largest health care provider serving New York City, Long Island and Westchester County in a premises liability action in Richmond County Supreme Court. The jury returned a verdict in favor of the Staten Island University Hospital following a one-week trial. The plaintiff claimed she seriously injured herself when she slipped and fell on fluid that she believed was leaking from an IV bag because she saw the empty bag and the tubing was laying in the puddle. Larry, Aviva and Rachel established that the plaintiff could not prove her assertion that the fluid was from the bag as opposed to another source and highlighted that when reported to the security officer, the plaintiff never mentioned the IV bag or her assumption that it came from the IV bag and only reported that she fell on a watery substance on the floor. The jury concluded that the plaintiff failed to meet her burden of proof with credible evidence to establish that the hospital created or had notice of the fluid on the floor before her fall and found no negligence on the part of the hospital. The settlement demand was $1.2 million before the defense verdict.

Aviva Stein, Larry Lum and Rachel Budofsky

Lum, Stein and Scoditti Secure Jury Defense Verdict for NY’s Largest Health Care Provider

Larry Lum (Partner-New York, NY), Aviva Stein (Partner-White Plains, NY) and Elizabeth Scoditti (Associate-New York, NY) obtained a defense verdict in a premises liability matter in favor of the largest health care provider in New York, in a Richmond County Supreme Court jury trial. The plaintiff was struck by a motor vehicle operated by a co-defendant while walking in or near a crosswalk at the hospital. The plaintiff claimed the roadway was inadequately lit, the crosswalk and traffic signs were defectively designed, and the roadway markings/ signs lacked sufficient conspicuity. Though two light poles in the parking lot near the accident location had been inoperable for years, Larry, Aviva and Elizabeth were able to present evidence that sufficient lighting had remained. After a week-long trial, the jury rendered a verdict in favor of the hospital. The settlement demand to the hospital was never less than $850,000 throughout the trial.

Aviva Stein, Larry Lum and Elizabeth Scoditti

Lum, Stein, Greenfield and Herman Obtain Appellate Victory for Major Arena Client

Larry Lum (Partner-New York, NY), Aviva Stein (Partner-New York, NY), Ben Greenfield (Of Counsel-White Plains, NY) and Elie Herman (Associate-New York, NY | Stamford, CT) obtained a unanimous decision from the First Department Appellate Division, upholding the dismissal of a lawsuit against the firm’s major arena client. The underlying case involved a spectator sitting behind a plexiglass barrier who was hit and injured by a hockey puck at the arena. The court relied on case law established by the firm more than 20 years ago regarding the applicability of the limited duty rule and upholding shielding protections in place. This case, handled by Larry, was the first appellate-level review of the enhanced shielding measures adopted by the National Hockey League in 2002.

Larry Lum, Aviva Stein and Benjamin D. Greenfield

Partners Lum and Stein Prevail in Serious Slip-and-Fall Case

Larry Lum (Partner-New York City) and Aviva Stein (Partner-White Plains) secured a unanimous defense verdict on behalf of New York’s largest health care provider in a slip-and-fall case involving a serious femoral neck fracture with surgery. Benjamin Greenfield (Associate-White Plains) assisted with trial preparation and submissions in Suffolk County, Supreme Court. The case could not have settled for less than $750,000, but a unanimous verdict was rendered by a Suffolk County jury in favor of our client on the issue of liability after 12 minutes of deliberations.

Larry Lum, Aviva Stein and Benjamin D. Greenfield

Swanson & Stein Defeat Slippery Argument in Hospital Slip & Fall Case

Suzanne Swanson (Associate-New York) and Aviva Stein (Partner-White Plains | New York) obtained summary judgment in the Supreme Court, Queens County on behalf of our client, one of the top four hospitals in the New York metropolitan area and the state. Plaintiff alleged he slipped on ice on the roof of the hospital parking structure and sustained multiple rib fractures and T9/T10 fractures requiring T8-T11 instrumentation and fusion surgery, and was seeking $500,000 to resolve the matter. Suzanne and Aviva argued that the hospital could not be liable for plaintiff’s alleged slip on ice due to the “storm-in-progress” doctrine, citing to well-settled case law that a landowner may not be held liable for accidents occurring as a result of a storm when there is a storm in progress and for a reasonable time after it has ceased. They presented certified weather records and an affidavit from our weather expert confirming it had been snowing continuously all day and had ended – at most – 90 minutes prior to plaintiff’s alleged fall, which was not enough time for the hospital to clear its extensive hospital grounds. The Court found that Suzanne and Aviva had established a prima facie showing of entitlement to summary judgment. Further, the Court found that plaintiff’s argument that the precipitation “accumulated on top of areas of old melt that remained on exposed and untreated surfaces” was insufficient to raise a triable issue of fact as to whether the hospital had actual or constructive notice of the condition because “evidence that there was ice in the general vicinity of the accident prior to the storm” is insufficient to raise a triable issue of fact as to whether the defendant had actual or constructive notice of the condition of the specific area within the parking lot where plaintiff allegedly fell.

Aviva Stein and Suzanne S. Swanson

Lum, Stein and Scoditti Score Damages-Only Verdict for Major NY Hospital

Larry Lum (Partner-New York, NY), Aviva Stein (Partner-White Plains, NY) and Elizabeth Scoditti (Of Counsel-New York, NY) obtained a favorable damages-only verdict in a premises liability case against a member hospital of New York's largest health care provider in Richmond County Supreme Court, 13th Judicial District, New York. An earlier summary judgment decision found the client 100 percent liable for the plaintiff’s trip-and-fall accident over an exposed and protruding bolt on the pavement at the hospital entrance. Alleged injuries included three-level disc herniations in the cervical spine requiring anterior fusion surgery at C4-5 and disc replacement at C5-6; torn labrum and arthrodesis/non-union at the acetabulum requiring hip replacement surgery. Plaintiff’s counsel asked the jury to award a total of $3M in pain and suffering damages ($1M past and $2M future); the client elected to hand a jury a blank check less than a week before Christmas and refused to authorize any more than $500,000 to settle – which was never acceptable to the plaintiff. The jury rendered a verdict totaling $300,000 for past pain and suffering and $100,000 in future pain and suffering for the next 30 years of the 50-year-old plaintiff’s life expectancy. There were no claims for medical bills or lost earnings. The jury determination hinged on whether plaintiff was seeking to recover for preexisting issues or whether the need for surgeries to the hip and neck were only prompted by the accident, with the court charging both aggravation and susceptibility to the jury.

Larry Lum, Aviva Stein and Elizabeth Scoditti