BRADLEY BEACH — Al Gubitosi councilman and a candidate for mayor in the upcoming November election, has filed a third-party complaint against Bradley Beach Labor Attorney Eric M. Bernstein’s firm, according to a court docket filed on July 23.
The complaint filed in New Jersey Superior Court accuses former Borough Administrator Kimberly Humphrey and Eric M. Bernstein and Associates LLC of concocting a plan in the spring of 2022 to “falsely paint Gubitosi as a ‘harasser,’ thereby attempting to neutralize his influence as a political force in the Borough,” according to the docket.
As the borough labor attorney, Eric M. Bernstein and Associates LLC led an investigation in April 2022 into a series of complaints against Gubitosi by Humphrey. Bernstein is the firm’s sole shareholder and owner, and employs several attorneys including Philip George, who was assigned to conduct the investigation, according to the lawsuit. Gubitosi claims it was a “sham investigation with a preordained result.”
Humphrey worked as borough administrator in Bradley Beach from July 2021 to March 2023, and currently serves the borough in a part-time position as the qualified purchasing agent [QPA].
In April 2022, Humphrey made a formal complaint of gender discrimination and harassment to the Borough of Bradley Beach. She then sent a formal demand in December 2022 to Councilman Gubitosi to cease and desist all harassment and retaliation.
Gubitosi’s complaint issues two counts against third-party defendant Eric M. Bernstein and Associates LLC; the first being “violations of the New Jersey Civil Rights Act and the Constitution of New Jersey” and the second count of “civil conspiracy.” In addition to the two counts, the complaint includes a prayer for relief that seeks compensatory damages for “pain, suffering, stress, humiliation, mental anguish and emotional harm.”
The lawsuit alleges that with the help of Bernstein Associates, the investigation would be used by “Humphrey and Gubitosi’s political opponents” to “inflict maximum embarrassment and harm” on Gubitosi, according to the docket.
Gubitosi’s suit details a public censure attempt that failed to pass at a council meeting on Sept. 28, 2022, following the completion of the investigation by George.
The case further states, “Bernstein Law and Humphrey collaborated to ambush Gubitosi” at the council meeting, where Gubitosi was the subject of a public censure via a resolution “secretly drafted” by Bernstein Associates.
The lawsuit claims that although Humphrey and Bernstein Associates “failed in their effort to cause Gubitosi’s electoral defeat, they succeeded in tarnishing his reputation with their sham investigation.”
On behalf of Councilman Gubitosi, his attorney Jonathan R. Cohen demanded a trial by jury as to all issues. The lawsuit is solely funded by his estate and is a separate third party complaint surrounding the original suit filed by Humphrey; however, she is not listed as a defendant.
“I am doing this for my own reputation, the reputation of my sons and the reputation of my 10 grandchildren. For those carrying my name, I want the name defended,” Councilman Gubitosi told The Coast Star.
Bernstein or representatives from Eric M. Bernstein and Associates LLC could not be immediately reached for comment on the matter.
Humphrey could not be immediately reached for comment.
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