Logo

A lawyer for the shattered father of a young Connecticut man brutally murdered in an Upper East Side apartment filed suit Thursday against the three men he holds responsible.

The new filing comes less than a week after James Rackover, 27, was convicted in Manhattan Supreme Court of second-degree murder for brutally beating and stabbing to death Joey Comunale Nov. 13, 2017.

The papers amend an earlier lawsuit filed by Pat Comunale against Rackover, Larry Dilione and Max Gemma for depriving him of “the right of sepulcher” — a novel legal theory that says the defendants interfered with his ability to recover his son’s body.

Dilione faces a murder rap, while, Gemma, 30, is criminally charged with tampering with evidence and hindering the prosecution. Both men are expected to be tried next at separate trials.

In the newly filed papers, civil lawyer Robert Abrams adds a wrongful death allegation and holds all three men responsible for the murder.

“Although to date, Gemma has not been charged with homicide in connection with Joey’s murder,” the attorney wrote in the papers, “the New York County District Attorney’s Office may subsequently charge Gemma in connection with the slaying of Joey.”

Gemma’s defense lawyer, Mark Bederow, insisted his client wasn’t involved in the murder.

“I have incredible sympathy for the Comunale family and what they have had to go through, but legal proceedings have to be judged by evidence, not emotion,” the attorney said. “There is no basis whatsoever to conclude that Max Gemma had anything at all to do with what happened to Joseph Comunale in that apartment.”

Comunale’s grieving parents sat through Rackover’s two-week trial often bursting into tears as they listened to how their son was slaughtered after a cocaine and alcohol-fueled night of clubbing.

The Hofstra grad met Dilione outside the Gilded Lily and headed to Rackover’s Grand Sutton apartment for an after party.

Rackover, who was born James Beaudoin, is the alleged lover and surrogate son of celebrity jeweler Jeffrey Rackover, 58, who bankrolled his lifestyle, including the rent for the luxury pad.

After a fight, possibly over cocaine, Dilione allegedly pummeled and body slammed Comunale into unconsciousness.

As Comunale struggled to breathe and made gurgling sounds, Rackover kicked and punch his defenseless body, stating, “This is what you get for f—king with my boy,” according to the papers.

The brutes allegedly panicked and hatched a plan to kill Comunale and get rid of his body, as he laid on the floor in “excruciating pain and agony,” th suit says.

Gemma was allegedly ordered into the bedroom, as Rackover plunged a knife into Comunale’s head. After changing his clothes, Gemma left the apartment and did not call the police

Dilione and Rackover allegedly dragged Comunale into the bathtub and stabbed him 15 times then tried to saw off his arm with a bread knife.

After bleaching the apartment, the men dumped the body, which had been doused in accelerant and lit on fire, in a shallow grave in Oceanport, NJ.

The suit seeks unspecified punitive and compensatory damages.

Comments
anonymous profile image
Powered by RoundtableBuilt on infrastructure designed for real-time media. Learn more at RTB.io.© Roundtable 2026. By using this site you agree to the Terms of Use and Privacy Policy