Donald Sweetman graduated from Seton Hall University Law School, after obtaining his B.A. from Rutgers University. Upon graduation, he served as Law Clerk to the Honorable Walter R. Barisonek, Judge of the Superior Court of New Jersey, Union County. He is a litigator with considerable trial experience in the state and federal courts of New Jersey and New York. Mr. Sweetman joined Gennet, Kallmann, Antin, Sweetman and Nichols and became a partner of the firm in 2003.
He has been counsel in litigated matters which resulted in important decisions, including Tuscany Bistro v. Sirius America Insurance Company, 2011 WL 3517000 (N.J. Super. A.D.), holding that the terms of a client’s protective safeguards endorsement were unambiguous and enforceable; DeMasi v. Lexington Insurance Company, 2010 WL 3075674 (N.J. Super. A.D.), affirming dismissal of claims for alleged breach of contract and “bad faith” where an insured failed to produce financial records during the investigation of an arson fire; American Motorists Insurance Company v. Keep Services, Inc., 63 A.D.3d 865 (2nd Dept. 2009), involving agent liability and limitations on the defense of ratification; Insurance Company of The State of Pennsylvania v. Just Management, 55 A.D.3d 676 (2nd Dept. 2008), concerning proof of liability by circumstantial evidence; New York Career Institute v. Hanover Insurance, 6 Misc. 3rd 734 , where the New York Supreme Court held losses due to action of civil authority subject to coinsurance requirements; Sonny Boy Realty v. The City of New York, 8 A.D.3d 171 (1st Dept. 2004), holding the City of New York subject to liability for losses to a lessor’s property; Winding Hills Condominium Association, Inc. v. North American Specialty Insurance Co., 332 N.J. Super 85 (App. Div. 2000), where the Appellate Division declined to apply the “continuous trigger” theory of causation to first-party insurance; Affiliated F.M. Insurance v. Kushner Cos., 265 N.J. Super. 454 (Law Div. 1993), a case involving back-dating of insurance coverage and imputed knowledge to a partnership; Stone v. Royal Insurance, 211 N.J. Super. 246 (App. Div. 1986), concerning concurrent causation in the context of first-party coverage; and, Fricke v. Geladaris, 221 N.J. Super. 49 (App. Div. 1987), involving survival of tort actions and interlocutory appeals.
Mr. Sweetman has served as lead counsel in the successful defense of numerous insurance coverage, warehouse, transit and property damage actions, together with actions involving the defense of businesses and individuals. He is a member of the state and federal Bars of New Jersey, the State Bar of New York, the United States District Courts for the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals, the Third Circuit Court of Appeals and the State Bar of Connecticut. He is a member of the New Jersey State Bar Association, New York State Bar Association and the Transportation Lawyers Association.Print