Elizabeth Tobio Biography

Ms. Tobio joined Kishner Miller Himes as an associate in November 2018.  Ms. Tobio began her legal career at the Washington, DC office of a large international law firm.  After returning home to New York in 2012, Ms. Tobio spent six years as a commercial litigation associate at a firm in Roslyn Heights, New York, where she was the principal litigator and author of most of the firm’s motions, pleadings and appellate briefs.

Throughout her career, Ms. Tobio has handled a wide variety of matters in federal and state courts, including complex commercial disputes, intellectual property disputes, title insurance defense, commercial landlord-tenant disputes, along with other real property disputes, and Surrogate’s Court litigation.  Ms. Tobio has also represented clients in commercial arbitration proceedings from start to finish.  She has successfully represented large corporations, small businesses and individuals, each time embracing the challenges presented by each matter she is called upon to handle.

Representative Matters

  • Defended a major consulting firm in a qui tam action involving allegations of Medicare fraud
  • Represented a commercial property owner in an action involving trespass by New York State DOT contractors during the construction of the new Kosciuszko Bridge
  • Defended the guarantor of a residential lease against a negligence action brought by building residents whose apartments were damaged or destroyed in a fire
  • Represented owners of a private road regarding the refusal of neighbors/easement holders to pay for its repair and maintenance
  • Defended an elevator servicing company against breach of maintenance contract claims brought by the owners of residential apartment buildings in Manhattan
  • Defended the owner of a shopping center against a major tenant’s breach of lease claims
  • Represented a trust beneficiary in a compulsory accounting action brought in Surrogate’s Court against the trustee who misappropriated trust assets
  • Defended a title insurance company against a breach of title policy claim brought by a commercial lender
  • Defended a close corporation in dissolution proceedings commenced by a shareholder before the American Arbitration Association and in New York State Supreme Court
  • Defended a manufacturer of subway cars against product liability claims arising from an accident on the Washington, DC Metro

Professional Activities

New York State Bar Association

Education

University of Pennsylvania Law School (J.D. 2006)

Marymount Manhattan College (B.A. summa cum laude, 2003)

Bar & Court Admissions

New York
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern and Southern Districts of New York