Michael S. Kivowitz

Michael S. Kivowitz

Offices: New York
Partner

Michael Kivowitz, a partner with Russo & Gould, is a skilled litigator, representing a wide variety of clients in New York State and Federal courts. He has won numerous motions for summary judgment and participated in the subsequent affirmation of many of those decisions on appeal. Michael has represented a wide variety of medical professionals at their depositions, met with medical experts in all specialties of medicine, and successfully argued many motions, all in pursuit of securing favorable outcomes for his clients both in court and at mediation and arbitration.

Prior to joining Russo & Gould, Michael was with two other Manhattan firms. He was most recently the Managing Partner of a major medical malpractice defense firm, where he was responsible for the day-to-day operations and management of the firm, as well as overseeing insurance coverage, human resources and employment issues, all while maintaining his own case load. Prior to working in health care and medical malpractice defense, Michael represented insurance companies in civil RICO claims.

A graduate of University of Miami School of Law, Michael was the Senior Articles and Comments editor for the University of Miami Business Law Review. Michael attended the University of Michigan for his undergraduate degree and is an avid Michigan Wolverines fan. He enjoys spending time with his wife and two children. Michael is the treasurer of the Tenafly Little League and former treasurer of the J. Spencer Smith Elementary School HSA in Tenafly, New Jersey.

Education
2004, University of Miami School of Law, J.D.
2001, University of Michigan, B.A.
Experience
● Manage caseload from the discovery phase through trial preparation, including appearing at court conferences, conducting depositions and representing physicians and medical professionals at depositions, substantive motion practice, medical research, trial disclosure and pre-trial and post-trial motions
● Conference cases with clients on regular basis and provide reports regarding defense theories, statutory and regulatory compliance, and sustainable value analysis; provide opinions and education to hospital risk management departments
● Meet with expert witnesses to discuss medical treatment involved in actions, alternative treatment options, defensibility of cases and theories to explore during discovery phase
● Negotiate settlements on behalf of individual and institutional clients during the discovery and pre-trial phases
Admissions
New York
Florida
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York

News Insights

August 12, 2022

Kevin Horbatiuk Spends Day with Heroes on the Hudson

Russo & Gould Partner Kevin Horbatiuk spent his weekend on the Hudson River with Heroes on the Hudson and the Wounded Warrior Project. Kevin and members of NYC Kayak Clubs helped provide a day of fun on the water to former servicemen and servicewomen. All enjoyed a beautiful day of kayaking, sailing, and being together.

August 12, 2022

Audrey Medd Wins Judgment of Nonsuit

Congratulations to Senior Associate, Audrey D. Medd who secured a Judgment of Nonsuit against Plaintiff for her client which effectively dismissed the Plaintiff''s Complaint. Plaintiff now faces a difficult battle in the next four months if she decides to move to open the judgment as it is up to the Court''s discretion.

July 20, 2022

How Would the Grieving Families Act Affect Litigation in NYS?

The New York State Assembly and the New York State Senate have passed Bill S74A, known as the Grieving Families Act. NYS Gov. Kathy Hochul''s signature is the remaining last step to turn it into law. If signed into law, it will be the first update to New York''s wrongful death statute in more than 150 years.