Emily H. Kornfeld focuses her practice in commercial litigation, representing clients in all aspects of personal injury and property damage matters, including construction accidents, construction/design defects, delay and loss of productivity, and indemnification claims. She handles defense of the Jones Act, Longshore & Harbor Worker’s Compensation Act, and general maritime law actions. Ms. Kornfeld also handles employment law, discrimination, harassment, and retaliation matters.
During law school, Ms. Kornfeld served as an Editor of the George Mason Law Review and as a Writing Fellow, teaching in the Legal Research, Writing & Analysis program.
- New Jersey
- New York
- George Mason University School of Law – J.D.
- Cum laude
- Cornell University – B.A.
- Fox, et al. v. Mark, et al., 181 A.D.3d 560 (2d Dept. 2020) – Successfully defended, on Appeal, a Decision and Order granting summary judgment and dismissing claims asserted against our client, a home health aide, involving the alleged loss of the right of sepulcher and negligent infliction of emotional distress. Plaintiff’s claim was that our client failed to timely notify him of the death of his mother, which occurred after the home health aide had left for the evening. The following morning, the home health aide could not gain access to the apartment in which the decedent resided. The decedent was later discovered by plaintiff, when he went to investigate why his mother had not returned his phone calls earlier that day. We successfully established that no duty of care ran to the family members of the decedent to notify them of the death of the decedent, since our client did not have access to, or actual possession of the decedent’s body. The case presented a very narrow issue on liability extending to health care providers and the proper handling of a body after death. These issues are particularly timely in the wake of the COVID 19 Pandemic.