Maddalena R. Zefferino

Associate

New Brunswick, NJ
120 Albany Street Plaza
6th Floor
New Brunswick, NJ 08901
P 732.448.2532 F 732.846.8877
P 732.448.2532 F 732.846.8877

New York, NY
156 West 56th Street
New York, NY 10019
P 212.237.1000 | F 212.262.1215
P 212.237.1000 | F 212.262.1215

Experience

Ms. Zefferino is an accomplished litigator and maintains a diverse commercial litigation and mediation practice. She prioritizes understanding a client’s industry and business when crafting the most effective legal strategies.

As a litigator, she is frequently asked to advise, review and counsel on multi-million dollar construction agreements, as well as design professional agreements throughout the U.S. – many concerning commercial warehouses and residential community developments. Her litigation experience and careful drafting provides indispensable contribution to these transactions.

Ms. Zefferino is a NJ Court Approved Mediator pursuant to NJ Court Rule 1.4. She is also fluent in Italian.

Litigation

Construction and Real Estate – Represent owners, lenders, developers, general contractors and those of all tiers, NYC not-for-profits specializing in affordable housing, design professionals, property managers, and sureties, in a variety of construction disputes in both state and federal courts in matters involving wrongful termination, breach of contract, delay damages, prevailing wage class actions, takeover agreements/indemnity actions,  labor harmony, and mechanics lien disputes.

Matters of Note Include:

  • Successfully defended and resolved matter in New York County Commercial Division concerning a prominent electrical supplier hired to perform electrical work on Pier 17 (South Street Seaport).
  • Successfully represented general contractor and principals in connection with the construction of a $35 million luxury hospitality building in Times Square, which involved defects of the building’s structural façade and building envelope systems.
  • Prevailed on dismissing motion for class certification on behalf of surety concerning prevailing wage claims filed by plaintiff-laborers.
  • Prevailed on motions to dismiss complaints filed by hotel developer on behalf of general contractor and individual principals concerning alter ego, breach of fiduciary duty, Article 3-A trust fund diversion claims, and pay when paid claims.
  • Obtained a $1.9 million Deficiency Judgment on behalf of commercial lender in Kings County Court Commercial Division against Obligors on defaulted commercial loan.

Employment  and Other Commercial Litigation – On an ongoing basis, litigate False Claims Act/whistleblower matters, trade secret, New Jersey Computer Related Offenses Act violations, negligent hiring/supervision, unfair competition disputes, LAD, CEPA, state disability discrimination/retaliation and Title VII claims. 

Matters of Note Include:

  • Successfully resolved matter on behalf of insurance agency in action against insurance producer for breach of contract, theft of trade secrets and conversion of confidential client information to competitor.
  • Prevailed on summary judgment on behalf of a not-for-profit community developer, its officers, and its board members on claims of negligent hiring and supervision.
  • For four years, served as an integral member of the litigation team defending one of New Jersey’s largest False Claims Act cases.
  • On an ongoing basis, represent and counsel health care institutions in LAD, CEPA and Title VII claims.

Transactional

On an ongoing basis, draft, review, revise on a variety of construction agreements on all sides: DBAs, all class of AIA Contracts, passive house and energy infrastructure proposals. Draft commercial leases and access agreements. In connection with her role in counseling lenders, Ms. Zefferino has also assisted financial institutions on capital raising

Attending an intellectual property “power house” and working as a law clerk for Calvin Klein, Inc., legal department after law school, she has substantive experience in intellectual property law and has counseled several other prominent fashion brands on trademark and copyright infringement, brand enforcement, as well as UDRP disputes.

Prior to Windels Marx, and in addition to the above, Ms. Zefferino worked at a boutique litigation firm in Northern New Jersey and at the NJ Attorney General’s Office – Division of Law.

Professional Affiliations

  • Member of NY/NJ/NH State Bar Associations
  • NYC Bar Association
  • Professional Women in Construction
  • WIS-Women in Surety
  • NIAF

Recognition

  • The Best Lawyers in America: Ones to Watch - Litigation-Construction (2024-2027), Commercial Litigation (2026-2027)
  • Super Lawyers - New Jersey Rising Stars - Construction Litigation (2023)

Newsroom +

Practices

Education

  • J.D., Daniel Webster Honors Scholar, University of New Hampshire, Franklin Pierce School of Law, 2012
  • Moot Court Member and Competitor - Willem C. Vis International Commercial Arbitration Competition, Vienna, Austria and Brussels, Belgium, 2011
  • M.A., International Affairs (Rome, Italy), summa cum laude, St. John's University, 2007
  • B.A., Government & Sociology, cum laude, Franklin & Marshall College, 2004

Admissions

  • New Jersey
  • New York
  • New Hampshire
  • United States District Court for the District of New Jersey
  • United States District Court for the Southern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Eastern District of New York