News

Brandon Steiner v. Anbrook Industries, Ltd., et al, (S.D.N.Y. April 4, 2018)
In an Opinion and Order dated April 4, 2018, Judge Katherine B. Forrest, U.S. District Court Judge for the Southern District of New York, granted summary judgment to the defendants and dismissed the plaintiff's [Read News]

by Glenn A. Jacobson, Esq & Barry Jacobs, Esq
The Court of Appeals provided guidance in its unanimous decision in Kelly Forman v. Mark Henkin, decided on February 13, 2018 that reversed the decision of a divided Appellate Division, First Department. [Read News]

Sanchez, et al. v. Mariolis, et al., Index 300999/2013 (Sup.Ct. Bronx Cty. Feb. 13, 2018); Hernandez et al. v. Abreu , Index 158716/2013 (Sup.Ct. New York Cty. Jan. 25, 2018)
The AGF&J auto liability defense team racked up a pair of victories in January and February.

In a case involving a rear-end collision, the Court dismissed the defendant's counterclaim for damages [Read News]

Edgardo DeGracia v. Hunts Point Terminal Market, Inc. and The City of New York, 309998/2011 (Sup.Ct. Bronx Cty. 2018)
The plaintiff was working for a fruit and vegetable vendor and needed to stock display racks with fruits. To obtain the produce inventoried high off of the ground, plaintiff stood on a pallet that was [Read News]

Fredkiey Hurley v. Tozzer, Ltd. d/b/a "Niagara", 15-cv-02785 (S.D.N.Y. ___ 2018)
Steven DiSiervi, Esq. was recently successful in obtaining a rarely granted summary judgment on behalf of a defendant in a Title III ADA accessibility claim.

The plaintiff, Fredkiey Hurley, [Read News]

AGF&J partner Thomas R. Maeglin was a co-presenter in a program on construction defect claims entitled "The Water Intrusion Claim that Ate New Jersey" at the Large Loss Conference presented by the Property [Read News]

QBE v. Zurich, Index No. 159020/2013 (Sup.Ct. N.Y. Cty. September 7, 2017)
Terms of an unlimited Employers Liability insurance policy and an Umbrella Excess policy required payment of the entire amount of settlement for an employee's wrongful death claim, as well as defense [Read News]

by Glenn A. Jacobson, Esq & Mark I. Binsky, Esq
In the aftermath of Hurricane Harvey, property claims professionals are or shortly will be overwhelmed with building claims arising from Hurricane Irma. In many instances, it will be difficult to determine [Read News]

New Jersey Manufacturers Ins. Co. v. Hamilton Specialty Ins Co, et al., MER-L-18-17 (Sup.Ct. Mercer Cty. Aug. 28, 2017)
How is one to know whether a condominium association's policy provides coverage for individual units, and not just the common elements that are owned in common by all the unit owners? A New Jersey motion [Read News]

Shapiro v. Goldman, No. 16-3097-CV, 2017 WL 3635517 (2d Cir. Aug. 24, 2017)
Citing a "thorough opinion of the district court", the United States Court of Appeals for the Second Circuit affirmed a judgment dismissing claims against an insurance industry trade association.

Plaintiff [Read News]

Thompson v. Bronx Merchant Funding Services, LLC, et al., 23050/2012E (Sup. Ct. Bronx Cty. July 6, 2017)
In an important decision granting summary judgment to defendants in an auto accident personal injury action, a Bronx court found that plaintiff's medical evidence, though showing severe injuries, did [Read News]

Bonilla v. Green, 25367/2016 (Sup. Ct. Bronx Cty. June 16, 2017)
A Bronx County court found that the plaintiff had selected an improper venue for the subject motor vehicle accident case, and granted defendant's motion to change venue from Bronx County to Nassau County. [Read News]

A divided New York Court of Appeals has held that "where an insurance policy is restricted to liability for any bodily injury 'caused, in whole or in part' by the 'acts or omissions' of the named insured, [Read News]

Ogando, et al. v. National Freight, Inc., et al., 309337/2012 (Sup.Ct. Bronx Cty. May 30, 2017)
A Bronx court dismissed a Complaint pursuant to Insurance Law section 5102(d), finding that neither of the two plaintiffs who were allegedly injured in the subject automobile accident had sustained a [Read News]

Church Mut. Ins. Co. v. Endurance American Specialty Ins. Co., 2017 WL 2335770 (Sup.Ct. N.Y. Cty. May 18, 2017)
Insurers of a contractor and its subcontractor must defend a building owner as an additional insured in an underlying personal injury action and reimburse the owner's insurer on a 50/50 basis, as directed [Read News]

Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company, ___ N.J. ___ (A-85-15) (077617) (May 25, 2017)
The New Jersey Supreme Court rejected an insurance policyholder's interpretation of a property insurance policy's limiting language and its position that "any policyholder not involved in the insurance [Read News]

McCullum v. New York City Housing Authority, Index No. 25275/2016E (Sup.Ct. Bronx Cty. 2017)
Plaintiff could not proceed with an action against the New York City Housing Authority where her notice was provided nine months after her accident, prejudicing defendant, and she failed to provide a [Read News]

by Thomas R. Maeglin
New York Labor Law practitioners will have food for thought in a 4-3 decision of the New York Court of Appeals, O'Brien v Port Auth. of N.Y. & N.J., __ N.Y.3d __, 2017 NY Slip Op 02466 (March 30, 2017). [Read News]

by Thomas R. Maeglin
The phrase "cut-and-paste" sounds ugly. But is cutting and pasting so offensive as to create millions of dollars in liability? In a recent case, South Carolina's highest court rejected an insurer's [Read News]

by Thomas R. Maeglin
An issue that has generated a range of results in courts across New York - who has the burden of establishing prejudice caused by a late notice of claim against a public corporation - has been definitively [Read News]

Gargiulo-Sejfijaj v. Garbo Lobster; Aquino v. Kang, Index No. 281/2015 (Sup.Ct. Putnam Cty. 2017)
Four vehicles collided end-to-end on the Whitestone Bridge, and in the resulting personal injury actions, the Court imposed liability on the second and the last vehicle in a set of motions for summary [Read News]

AGF&J partner Michael E. Gorelick attended the 86th Annual Meeting and Mid-Winter Educational Conference of the Loss Executives Association, held in Tampa, Florida. Gorelick said, "I always look forward [Read News]

Abrams, Gorelick, Friedman & Jacobson, LLP is pleased to announce that Dennis Monaco has become a partner, and that Martha Nimmer and Jessica Rabkin have joined the firm as associates.

"We are [Read News]

915 2nd Pub, Inc. v QBE Ins. Corp., __ A.D.3d __, 2017 NY Slip Op 00019 (1st Dep't 2017)
Plaintiff's property insurance policy contained terms requiring the insured to "do everything necessary to secure" and "do nothing after loss to impair" the defendant insurer's subrogation rights. A [Read News]

By Leonard G. Kamlet, Esq. and Thomas R. Maeglin, Esq.
The expert disclosure rules set forth in CPLR 3101(d) have long been an area of confusion and disagreement. Over the past several years the lack of complete clarity of this most important practice rule [Read News]

Steven M. Berlin appeared with group of legal and insurance industry experts at the FOJP Insurance Risk Management Advisory Services team seminar "Managing Your Organization's Workers' Compensation Program" [Read News]

AGF&J partner Glenn A. Jacobson and other members of the Harmonie Group and Canadian Litigation Counsel conducted a seminar exploring US and Canadian perspectives on new developments in products liability [Read News]

Utica Mutual Insurance Company & Co., v. Style Management Associates Corp., et al., __ N.Y.3d ___; 2016 NY Slip Op 07046 (October 27, 2016)
New York's highest court reversed an intermediate appellate decision and denied summary judgment to a defendant contractor where it found "triable issues of fact exist as to the nature of the relationship [Read News]

By James E. Kimmel
With millennials and others young at heart leading the way, ride sharing programs have become a 21st century success story. With Zipcar, now a subsidiary of Avis Budget Group, starting the movement in [Read News]

Thomas v. Crittenden, 2016 WL 6138392 (Sup.Ct. Bronx Cty. 2016)
A Bronx court has granted defendant's motion for summary judgment dismissing Plaintiff's complaint for failure to satisfy the serious injury threshold under Insurance Law section 5102(d), based upon defendant's [Read News]

Virgulak v. Neal, et al., Index No. 22357/2013E (Sup.Ct. Bronx Cty. October 3, 2016)
A Bronx motion court granted summary judgment dismissing claims against drivers of vehicles who were allegedly involved in the plaintiff's decedent's motorcycle accident.

Plaintiff's decedent [Read News]

Peters v Hernandez, 142 AD3d 980, 2016 NY Slip Op 05983 (2nd Dep't 2016)
An interesting decision from a state appellate court sets limits under the spoliation doctrine regarding the appropriate sanction for losing video evidence. Something more than negligence is needed for [Read News]

Doron Avgush v. Jerry Fontan, Inc. and Gerardo Fontan, Index No. 20734/2012E (Sup.Ct. Bronx Cty. August 29, 2016)
Plaintiff was rear-ended while driving on the Sawmill River Parkway in September 2011 and commenced an action for personal injuries, alleging spasmodic dysphonia, tongue dystonia and torticollis resulting [Read News]

Facie Libre Associates I, LLC v. Littman Krooks, LLP, Index 651064/2013 (Sup. Ct. N.Y. Cty. June 29, 2016)
In a legal malpractice action, the Court granted the defendant's motion to disqualify plaintiff's attorneys because they would be called to testify as witnesses at trial.

Plaintiff commenced [Read News]

William Romero v. Waterfront N.Y., et al, 19852/2009 ((Sup.Ct. Kings Cty. 2016)
In a twenty-seven page decision, Justice David B. Vaughan granted summary judgment, dismissing a personal injury Complaint by an elevator operator, in its entirety.

Plaintiff sustained substantial [Read News]

DeChantal v. Harco, LLC, Index No. 900261/2015 (Sup.Ct. Albany Cty. 2016)
A Complaint alleging asbestos injury has been dismissed as against one of numerous defendants where plaintiff failed "to adequately identify a specific asbestos containing product manufactured, delivered, [Read News]

Utica Mutual Insurance Company v. Ford Motor Company, et al., __ A.D.3d __ (2nd Dep't May 4, 2016)
A motion court erred in granting the defendant auto dealership's motion for summary judgment, as there existed questions of fact concerning its negligence in carrying out an automaker's recall, and the [Read News]

Castillo v. Kelly, Index No. 67990/2014E (Sup. Ct. Suffolk Cty. May 3, 2016)
A Suffolk County Court dismissed all claims against the defendant homeowners asserted by a carpenter who fell from the roof of their property.

The claim arose when the plaintiff was cleaning [Read News]

In April, AGF&J partner Leonard G. Kamlet continued his long-time participation on the faculty of the Hofstra Law School/NITA Trial Techniques Program, which provides intensive professional training to [Read News]

Harris v. Wachtel & Missry, LLP and Omid Zareh, P.C., Index No. 605895-2015 (Sup.Ct. Nassau Cty. March 22, 2016)
A Nassau County court has dismissed legal malpractice claims where evidence showed the attorney-client relationship had ended more than three years before commencement of the action.

Plaintiff [Read News]

Schumacher v. Antiquorum USA, Inc., NY Slip Op. (Sup.Ct. N.Y.Cty. 2016)
Video surveillance footage ruled out the possibility of a triable issue of fact, and a Supreme Court Justice therefore dismissed all claims against two security guards upon motion for summary judgment.

Plaintiff [Read News]

By Leonard G. Kamlet, Esq. and John O. Fronce, Esq.
An action is commenced against two neighboring property owners whose premises abut a public sidewalk in New York City. The actual location where the plaintiff tripped and fell is on an area of the sidewalk [Read News]

Steven DiSiervi, Attorney, Abrams, Gorelick, Friedman & Jacobson, LLP, will speak at the CLM Annual Conference, which will be held at the Hilton Orlando Bonnet Creek, April 6-8. His session is titled, [Read News]

By Thomas R. Maeglin, Esq.
A customer of a clothing store in a mall slips on a berry and falls. The store does not sell berries, there is no fruit in the area, and no one is seen eating in the vicinity. There is no evidence that [Read News]

VGFC Realty II, LLC v. D'Angelo, et al., Index No. 28211/2011 (Sup.Ct. Queens Cty. February 2, 2016)
A Queens Court granted a defendant's motion for summary judgment, declaring that the insurer does not have a duty to defend or indemnify named insured property lessee in an underlying lawsuit.

The [Read News]

by Steven M. Berlin, Esq. and Karen Hart, Esq.
This is the first full year employers must comply with New York City's Fair Chance Act ("FCA"), better known as the City's "Ban-the-Box" law. Near the end of 2015, the City's Commission on Human Rights [Read News]

By Steven M. Berlin, Esq. and Kamilah Mitchell, Esq.
Five new laws that will have significant effects on employers throughout New York State take effect January 19, 2016. Signed by Governor Andrew Cuomo with some fanfare, they are further efforts designed [Read News]

By Steven M. Berlin, Esq. and Michael Goldwasser
Effective this New Year, the growing community of New Brunswick, in the central part of New Jersey near Edison and Woodbridge, enacted its own paid sick leave ordinance with the aim of reducing public [Read News]

By Steven M. Berlin, Esq. and Karen Hart, Esq.
The New Year started off in New Jersey with final regulations intended to clarify the Opportunity to Compete Act (OTCA), better known as New Jersey's "Ban-the-Box" law. The regulations were released [Read News]

By Steven M. Berlin, Esq. and Karen Hart, Esq.
It was not until the start of the New Year, when employers began to learn about an unprecedented Christmas Eve gift-to workers-from the National Labor Relations Board. Building upon its activity in recent [Read News]

By James E. Kimmel, Esq.
In an important decision on the discoverability of information posted to social media the Appellate Division, First Department, reversed a lower court order directing production of certain information [Read News]

A recent amendment to New York Civil Practice Law and Rules 3212 (b) makes it easier to use affidavits of previously undisclosed experts in motions for summary judgment.

The amendment, which [Read News]

Hutchinson v. Sheridan Hill House Corp., __ N.Y.3d __ (October 20, 2015)
After almost twenty years, the New York Court of Appeals has revisited the trivial defect defense. Rather that break new ground, the Court reinforced its holdings in the seminal trivial defect case, [Read News]

Zucker v. Porteck Global Services, Inc., et al., 13-CV-2674 (E.D.N.Y. October 23, 2015)
Officers of two health care companies defeated Plaintiff's attempt to amend a Class Action Complaint to name them as defendants. United States District Judge Joanna Seybert denied Plaintiff's motion [Read News]

Noor v. The City of New York, et al., __ A.D.3d __ (1st Dep't July 28, 2015)
Plaintiff's expert withheld voluminous documents until his appearance at trial, and the Appellate Division therefore vacated the damage award and remanded for a new trial on damages.

Prior to [Read News]

Pujols-Duarte v. Provenzano, Index No. 301773/2013 (Sup.Ct. Bronx Cty. June 29, 2015)
Plaintiff failed to demonstrate a 'serious injury' under Insurance Law sections 5102(d) and 5104(a), leading the Court to grant the defendant's motion for summary judgment dismissing the Complaint in [Read News]

Balbuena v. Vasquez, Index. No. 307194/2012 (Sup.Ct. Bronx Cty. 2015)
A Bronx Court dismissed an auto collision Complaint, granting summary judgment to the defendants upon a showing that both plaintiffs lacked a "serious injury" required by New York State Insurance Law [Read News]

Tabales v. United Methodist Iglesia Evangelica Church, Index. No. 23095/2012 (Sup.Ct. Bronx Cty. 2015)
Numerous inconsistencies in the plaintiff's testimony led a JAMS Arbitrator to find in favor of the defendant property owner in an action alleging serious injuries from a fall in a darkened stairway behind [Read News]

Culqui v. Carrera, UNN-L-4132-13 (N.J. Sup.Ct. April 28, 2015)
A New Jersey Court dismissed a Third-party action against a foreign insurer for claims arising out of a motor vehicle accident in New Jersey. The insurer demonstrated that it did not have such "minimum [Read News]

Comments of AGF&J partner Glenn A. Jacobson were included in a recent article entitled "3rd Circ. Sandy Debris Ruling Vexes Policyholders" published in Law360. The article discussed the decision of the [Read News]

An article co-authored by AGF&J Partners Michael E. Gorelick and Alexandra Rigney was published in the Spring 2015 issue of The Journal of American Law. The article, entitled "Preserving the Privilege [Read News]

125 Belle Harbour, LLC and Fortress Development Group, LLC v. Underwriters at Lloyd's, London, Index 654266/2013 (Sup.Ct. N.Y.Cty. 2015)
In a breach of contract action concerning first party property insurance coverage, the Honorable Eileen A. Rakower granted the defendant insurer's pre-answer motion to dismiss a Complaint which sought [Read News]

Bianca Pichardo v. The City of New York and New York City Housing Authority, Index No. 157494/2014 (Sup.Ct. N.Y.Cty. 2015)
Finding himself "at a loss to find any justification in plaintiff's attorney's action", Justice Frank P. Nervo conditionally granted a motion to dismiss a personal injury action for conduct that "thwarted [Read News]

Astoria Island Restaurant Corp. v. QBE Insurance Corp., 36-02 35th Avenue Development, LLC, and 42-18 Development, LLC, Index No. 15607/2010 (Sup.Ct. Queens Cty. 2014)
In a seven-page decision, the Hon. Sidney F. Strauss held that Plaintiff's claims against its Commercial Property insurer were barred by multiple policy exclusions.

Tenant Insured brought suit [Read News]

Sturm v. Myrtle Catalpa, LLC, et al., Index No. 1433/2013 (Sup.Ct. Queens Cty. 2014)
The Honorable Sidney F. Strauss granted summary judgment dismissing the Complaint as to all defendants in a personal injury action concerning a trip and fall accident. Defendants met a difficult burden [Read News]

AGF&J partners Glenn A. Jacobson and Gabrielle Puchalsky were featured in a recent article published in Law360 which discussed current issues in first party coverage litigation arising out of Superstorm [Read News]

We are pleased to announce that the Texas Department of Insurance has approved Abrams, Gorelick as a continuing education provider for insurance agents and adjusters. We have always provided educational [Read News]

AGF&J partners Michael Gorelick and Glenn Jacobson have again been named as N.Y. Metro Area "Super Lawyers", and Steven DiSiervi and Alexandra Rigney have been named as "Rising Stars" for 2014 by Super [Read News]

Castillo v. Kelly, Index No. 30452/12 (Sup.Ct. Suffolk Cty. 2014)
AGF&J was successful in getting a default judgment against its clients vacated and the Complaint against them dismissed on the ground that service upon a summer home via "nail & mail" service is improper [Read News]

We are pleased to announce that the Florida Division of Licensing has approved Abrams, Gorelick as a continuing education provider for insurance agents and adjusters. We have always provided educational [Read News]

Mills v. G Loft, Index No. 1102/2014 (Sup.Ct. Kings Cty. 2014)
Abrams, Gorelick obtained a pre-answer dismissal of a highly contested personal injury lawsuit against its client, based upon the language of a Surrender Agreement. Prior to the filing of the action, [Read News]

Liberty Surplus Insurance Corporation v. Burlington Ins. Co. and QBE Insurance Corp., Index No. 155165-2012 (Sup.Ct. N.Y.Cty. 2014)
In Liberty Surplus Insurance Corporation v. Burlington Ins. Co. and QBE Insurance Corp., Liberty Surplus ("LSI") brought suit against QBE for recovery of $1,150,000 of the $2,150,000 it paid to settle [Read News]

Wynn v. Rivera, Index No. 307938/2010 (Sup.Ct. Bronx Cty. 2014)
On July 7, 2014, Honorable Ben R. Barbato of Supreme Court, Bronx County, granted summary judgment to AGF&J's client in Wynn v. Rivera. In that case, plaintiff claimed that he had sustained serious injuries [Read News]

AGF&J has long served its clients in coverage and defense litigation in New Jersey. Nearly half of the Firm's partners and associates practice in New Jersey, as well as in New York. To accommodate our [Read News]

The Jewish Lawyers Guild presented three awards at its 38th Annual Dinner on April 2, 2014. AGF&J partner Glenn A. Jacobson, who serves as Chairman of the Guild, presented the Golda Meir Memorial Award [Read News]

Juan Aviles v. Heriberto Bermejo, Index No. 114452/2011 (Sup.Ct. N.Y.Cty. March 21, 2014)
Justice Arlene P. Bluth, J.S.C., granted summary judgment to an owner-operator of a vehicle, finding that the defendant had established that the plaintiff had not suffered a "serious injury" within the [Read News]

Linda A. Foreman v. Jihad Skeif, ___ A.D.3d ___, 2014 N.Y. Slip Op. 1837 (1st Dep't March 20, 2014)
The Appellate Division, First Department, affirmed a lower court's Order granting the defendant's motion for summary judgment as to the issue of liability in a multi-vehicle accident in Bronx, New York. [Read News]

Ahmed v. Lu and Wang, Index No. 301462/2012 (Sup.Ct. Bronx Cty. 2014)
On March 28, 2014 Judge Kenneth L. Thompson, Supreme Court, Kings County, granted summary judgment to AGF&J's client in Ahmed v. Lu and Wang, a motor vehicle accident case. In support of the motion, [Read News]

Shakyra Parker v. Lorena E. Bowie and Kevin L. Bowie, Index No. 118213/2009 (Sup.Ct. Bronx Cty. 2014)
Following a two-day long Summary Jury Trial in Supreme Court, Bronx County before Judge Arlene Bluth, a jury delivered a unanimous defense verdict. The jury found that the plaintiff did not sustain a [Read News]

Mr. Steven DiSiervi, Attorney, Abrams, Gorelick, Friedman & Jacobson, PC, will be speaking on the subject, "ETHICS - Walk the Line: Ethics for Insurance Carrier-Selected Defense Counsel." Held each spring, [Read News]

VGFC Realty II, LLC v. D'Angelo, ___ A.D.3d ___ (2nd Dep't 2014)
The Appellate Division, Second Department, reversed an order of a motion court which had compelled a defendant insurer to disclose documents that the insurer claimed were subject to privilege.

The [Read News]

Augustin Paez v. 1610 Saint Nicholas Avenue, L.P. et al., 2014 NY Slip Op 421 (1st Dep't 2014)
A decision previously reported in these pages was unanimously affirmed, on alternative grounds, resulting in a dismissal of contractual indemnification claims against the owner of a restaurant property [Read News]

AGF&J has opened a representative office in London, located at 3 Minster Court, Mincing Lane, London EC 3R 7DD. Our London office will enable us to better serve the needs of our London insurance clients. [Read News]

Eckhoff v. Wal-Mart Assocs, Inc., 2013 U.S. Dist. LEXIS 181156 (S.D.N.Y. 2013)
The United States District Court for the Southern District of New York dismissed a Third-Party Complaint by a Wal-Mart subsidiary finding that the indemnification agreement at issue did not apply.

U.S. [Read News]

Posimato v. Ortega, Index 1844/04 (Sup. Ct. Bronx Cty. 2013)
A unanimous Bronx jury returned a verdict in favor of the defendant finding that he was not negligent in causing the subject accident. In addition, the jury also found that the plaintiff did not sustain [Read News]

Rivera v. Hayes, Index No. 20830/10 (Sup.Ct. Bronx Cty. December 9, 2013)
The Honorable Alexander W. Hunter granted a Bronx defendant's motion for summary judgment and dismissed the plaintiff's Complaint for failure to show a "serious injury" as required under Insurance Law, [Read News]

Nova v. Fontanez, ___ A.D.3d ____ (1st Dep't December 5, 2013)
Plaintiff failed to demonstrate his alleged "significant limitation of use" or "permanent consequential limitation of use" in an action arising out of a motor vehicle accident, according to the unanimous [Read News]

Moreau v. Josaphat, N.Y. Law Journal, December 3, 2013 (Sup.Ct. Kings Cty. 2013)
The Graves Amendment applies to "car sharing services", a New York Court has held. This means that car sharing services, such as Zipcar, are entitled to the same protections afforded to rental car companies [Read News]

AGF&J partner Thomas R. Maeglin spoke at the Large Loss Conference presented by the Property and Liability Resource Bureau in Jacksonville, Florida on November 19th and 20th, in a program entitled "Superstorm [Read News]

Stollenwerck v. Adirondack Ins. Exchange, Index No. 601202/2010 (Supreme Ct. N.Y. Cty. Sept 25, 2013)
In a first-party fire case, Justice Richard F. Braun granted the insurer's motion for summary judgment, finding that the insured had made material misrepresentations on her application for a homeowners [Read News]

Nancly Jean-Pierre v. Roderick Crawford, Index No. 308139/2012 (Sup.Ct. Bronx Cty. October 4, 2013)
Purported service of process at a location in the Bronx, nearly three years after a traffic accident, was improper, where the defendant established he was, in fact, a resident of Brooklyn. Acting Supreme [Read News]

Two New Jersey Assemblymen, Messrs. Reed Gusciora and Timothy J. Eustace, have proposed a bill to the state legislature which would have a significant impact on insurers’ extra-contractual exposure. [Read News]

The New York Metro issue of Super Lawyers, published by Thomson Reuters, has again honored AGF&J partners.

Michael E. Gorelick was named a "Super Lawyer" for his work in Insurance Coverage and [Read News]

We are pleased to announce that James M. Brown, Esq., has joined AGF&J. Mr. Brown joins the Construction Law, General Liability, and Products Liability groups.

Mr. Brown has extensive experience [Read News]

Farley v. Gilbane Building Company, Index No. 18178/2008 (Sup.Ct. Kings Cty. 2013)
In a 47-page decision, the Honorable Richard Velasquez dismissed claims against an electrical contractor in a personal injury action brought by a security guard.

The plaintiff worked for 21 months [Read News]

Quaker Hills v. Pacific Indemnity, 11-3670 (2nd Cir. Aug. 29, 2013)
In a case with potentially far-reaching implications relating to the right to limit property insurance coverage, the United States Court of Appeals for the Second Circuit has certified three questions [Read News]

Sook Hee Park v. Young O. Park and Michael Papadakis, Index No. 310492/2009 (Sup. Ct. Bronx Cty., May 21, 2013)
The Honorable Ben R. Barbato issued a Decision and Order granting summary judgment dismissing the Summons and Complaint of the plaintiff on the grounds that plaintiff did not sustain a serious injury [Read News]

Segundo M. Rodriguez v. Erasmo M. Pichardo and Alfredo Reynoso, Index No. 310663/2008 (Sup. Ct. Bronx Cty. 2013)
A Bronx jury rendered a unanimous verdict in favor of the defendant driver, finding that the plaintiff did not sustain a "serious injury" as defined by New York State Law.

The action arose from [Read News]

915 2nd Pub Inc. d/b/a Thady Con's Bar & Restaurant, et al. v. QBE Insurance Corporation, 2013 NY Slip Op 04748 (1st Dep't 2013)
A single notation in a claim file that an expert's report was sent to plaintiffs' prior counsel is insufficient to show waiver of privilege over an appraisal report prepared by an expert at defense counsel's [Read News]

Cog-Net Building Corp. v. The Travelers Indemnity Company, and Russo Picciurro Maloy, LLC d/b/a RPM Insurance Agency, Index 100587/2010 (Sup.Ct. Richmond Cty. May 22, 2013)
Justice Joseph J. Maltese granted motions for summary judgment by a defendant insurer and a co-defendant insurance broker in an action by a landlord under a commercial package insurance policy issued [Read News]

Joseph v. Emmis Communications d/b/a Hot 97.1 FM, et al., Index No. 20843/2010 (Sup. Ct. Bronx Ct. April 19, 2013)
Plaintiff's reference to deposition testimony concerning building violations was not sufficient to raise a triable issue of fact, held a Bronx Court.

The defendant moved for summary judgment [Read News]

Lakins v. 171 E.205th Street, Index No. 301868/2009 (Sup. Ct. Bronx Cty. April 1, 2013)
Use of precipitation and sunset data made all the difference in a Bronx slip and fall action. Plaintiff claimed to have slipped on snow and ice in an open-air parking lot on a late January afternoon. [Read News]

Anti-concurrent causation clauses are currently valid and enforceable in New York. While there is scant case law analyzing ACC clauses in the context of Superstorm Sandy (given that New York has been [Read News]

AGF&J founding partner Glenn A. Jacobson became President-elect of the Harmonie Group for a two-year term beginning January 2013. John Lund, a partner with the firm of Snow, Christensen & Martineau of [Read News]

Travelers Indemnity Co. a/s/o Acme Architectural Products Inc. v. AA Kitchen Cabinet & Stone Supply, Inc. and Mutual Gas & Energy Corp., 2013 NY Slip Op 3322 (2nd Dep't 2013)
The Appellate Division, Second Department, unanimously affirmed an Order which granted Summary Judgment to a tenant in a subrogation action for damage by fire.

The Court agreed that the tenant [Read News]

Augustin Paez v. 1610 Saint Nicholas Avenue, L.P. et al., Supreme Court, New York County, Index No. 117172/2009 (April 16, 2013)
A New York County Justice has dismissed a Third-party claim for contractual indemnification where the Defendant/Third-party Plaintiff’s default established that it had been negligent.

In [Read News]

Foreman v. Skeif and Foreman, Supreme Court, Bronx County, Index No. 304720/2010, March 27, 2013
A Bronx Court has granted defendant’s motion for summary judgment as to the issue of liability in a motor vehicle collision case.

In the motion, the defendant driver established that [Read News]

New York courts have consistently barred insureds from instituting private causes of action under New York’s unfair claims practices statutes, specifically Insurance Law §2601: Unfair Claim [Read News]

QBE Insurance Corporation, et al. v. Public Service Mutual Insurance Company, et al. (Appellate Division, First Department, Jan. 8, 2013)
A unanimous Appellate Division reversed a lower court decision and held that the defendant insurer has duty to defend and indemnify its additional insured because it unreasonably delayed denying coverage [Read News]

Click on this link to view Superstorm Sandy Emerging Coverage Issues

AGF&J has released a Whitepaper discussing issues of concern in Superstorm [Read News]

Ross v. Arroyo, Supreme Court, Bronx County, Index No. 309161/2010
A Decision and Order of the Honorable Justice Ben A. Barbato extended a string of successes for AGF&J Partner Irwin Miller and Associate Dennis Monaco, in cases involving claims of “serious injury” [Read News]

Montgomery v. Greaves, et al., Supreme Court, Bronx County, Index No. 18458/2007
In a summary jury trial in Supreme Court, Bronx County, AGF&J obtained a defense verdict on liability in favor of the owner of a parked vehicle. Plaintiff had settled with the driver of the other automobile [Read News]

AGF&J is pleased to announce that Partners Michael E. Gorelick, Glenn A. Jacobson and Steven DiSiervi have been named in the 2012 New York Metro issue of Super Lawyers, published by Thomson Reuters. Gorelick [Read News]

Zare v. City of New York, Supreme Court, Bronx County Index No. 308994/2009, August 31, 2012
A Bronx court granted summary judgment for the City of New York on Labor Law section 240(1) and 241(6) claims brought by a circus employee. The plaintiff allegedly fell approximately eighteen (18) inches [Read News]

1840 Concourse Associates LP v. Praetorian Insurance Company f/k/a Insurance Corporation of Hannover, Mo. No. 2012-616 (August 30, 2012)
The Court of Appeals has denied plaintiff’s motion for leave to appeal in a case previously reported in Newswire. (See “Appellate Division affirms summary judgment order: Finds Signed Statement [Read News]

Lopez, et al. v. Reynoso, et al, Supreme Court, Bronx County, Index No. 310669/2008
Honorable Justice Wilma Guzman granted summary judgment against all three plaintiffs in a Bronx auto case with a 4-page decision dated July 17, 2012.

Defendant was the operator of the vehicle [Read News]

Tom Maeglin gave a discussion entitled “Exclusions in Personal Lines Insurance: Application of Controlled Substances, Fuel Systems, and Fungi Exclusions” as part of the Advanced Insurance [Read News]

Mike Gorelick presented at the New York State Bar Association continuing legal education program on “The Examination Before Trial – Honing Your Deposition Skills” at the New Yorker Hotel [Read News]

Valentin, et al. v. Santos, Supreme Court, Bronx County, Index No. 25278/03
In a five-page Decision and Order, dated March 26, 2012, the Honorable Ben R. Barbato dismissed the Complaint of four (4) plaintiffs against the defendant driver. The Court held that the objectively [Read News]

Francis Parra v. J&C Beverage Corporation and Cesar Brioso, Supreme Court, New York County, Index No. 105172/09
An aggressive defense won the day in a motor vehicle collision case defended by AGF&J Associate Dennis J. Monaco. AGF&J maintained the hardline position that plaintiff’s injuries were insufficient [Read News]

Reyes v. Roussos, et al., Supreme Court, Bronx County, Index No. 350352/08
Bronx County Supreme Court Justice Larry S. Schachner granted summary judgment to AGF&J client/defendant Victor Roussos, dismissing the personal complaint against him in its entirety. Plaintiff alleged [Read News]

Ramos v. DuPont Realty, LLC, Supreme Court, Bronx County, Index No. 300726/07
Following a summary jury trial in Supreme Court, Bronx County, before the Honorable Ben A. Barbato, a Bronx jury rendered a defense verdict in favor of client, DuPont Realty, LLC.

Plaintiff alleged [Read News]

Hanover Insurance Company a/s/o Louis Glick & Company v. David Andrew Krivine and Ofer Mimouni, Appellate Division, First Department, April 3, 2012
The Appellate Division, First Department, unanimously affirmed a jury verdict in favor of AGF&J’s client, Hanover Insurance Company. The case involved ownership of a diamond that had been reported [Read News]

Belkis Bejaran v. Lourdes Perez and Maria Perez, Supreme Court, Bronx County, February 16, 2012
Following a two-day summary jury trial in Supreme Court, Bronx County, before the Honorable Yvonne Gonzales, AGF&J obtained a unanimous defense verdict on behalf of clients, Maria Perez and Lourdes Perez.

The [Read News]

Claudia P. Jimenez, individually and as Parent of Harold Serrano, an infant over the age of 14 years and Maria C. Rodriguez v. Natalia Gubinski and Peter Gubinski, 09-CV-5645 (S.D.N.Y. 2012)
On January 30, 2012, United States Magistrate Judge Frank Maas issued a 26-page Memorandum Decision and Order granting summary judgment in favor of the AGF&J clients, holding that the objectively documented [Read News]

Cano v. Ahead Realty, Corp., Supreme Court, Queens County, No. 20467/2008, May 9, 2011
Justice Robert L. Nahman granted summary judgment to a defendant landlord in a bodily injury action involving a fall on an allegedly wet and worn staircase. Plaintiff, a bartender’s assistant, [Read News]

AGF&J welcomes Mark Ian Binsky who joins the firm as counsel, effective January 17, 2012. Binsky brings a wealth of experience in the field of fire and property insurance law, from his twenty-five years [Read News]

1840 Concourse Associates LP v. Praetorian Insurance Company f/k/a Insurance Corporation of Hannover, 2011 N.Y. Slip Op 08468 (1st Dep’t November 22, 2011)
A unanimous 5-Judge panel affirmed the Order and Decision of Justice James A. Yates of Supreme Court, New York County which held that plaintiff’s claim for replacement cost holdback under defendant’s [Read News]

Founding Member Michael E. Gorelick was honored as an Insurance Coverage Super Lawyer in the 2011 New York Metro issue of Super Lawyers, published by Thomson Reuters. Super Lawyers are selected “using [Read News]

Phyllis Horsely v. R.S.M Realty Company, R.S.M. Realty Corp., Robin Realty, LLC, 1465 Third Avenue, LLC, 1465 Third Avenue Restaurant Corp., George A. Bowman, Inc. and Arriba Arriba Mexican Restaurant
In an extensive Memorandum Decision of June 29, 2011, Justice Paul Wooten granted summary judgment in favor of AGF&J’s client, a commercial tenant, dismissing all claims and cross-claims against [Read News]

Stuart Banschick v. Deborah Holmes and Dominick Mucci, Supreme Court, Nassau County
Motion papers submitted on behalf of the “dog bite” defendant were so devastating that the plaintiff soon dropped the lawsuit, without venturing opposition.

The action involved a [Read News]

Edge Capital IV, LLC v. USAA Casualty Insurance Company, Supreme Court, Nassau County, April 6, 2011
In a Short Form Order, dated April 6, 2011, the Honorable Thomas Adams, AJSC, dismissed a breach of contract Complaint against the defendant insurer based upon undisputed documentary evidence. AGF&J [Read News]

Member Glenn A. Jacobson, as President of the Jewish Lawyers Guild, hosted the thirty-fifth annual Jewish Lawyers Guild Annual Dinner, held on March 31st at the New York Hilton. At the event, attended [Read News]

Maldonado v. Hunts Point Cooperative Market, Inc., et al., Supreme Court Appellate Division, First Department, March 10, 2011
In an appeal of an Order granting Summary Judgment to AGF&J clients, the Appellate Division, First Department, unanimously affirmed the lower court’s decision, previously reported here on June 29, [Read News]

Virgil Alessi v. G-Squared R.E., Inc., et al., Supreme Court, New York County, March 2, 2011
Dismissing a slip-and-fall Complaint by a patron of the Ritz Bar & Lounge against its operators, Justice Milton A. Tingling recently granted AGF&J clients’ Motion for Summary Judgment. Plaintiff [Read News]

Jules v. Polny Restaurant Corp. d/b/a Sophie’s and Brandt Collins, Supreme Court, Kings County, No. 32067/07, January 14, 2001
AGF&J member Irwin D. Miller recently obtained a defense verdict in a personal injury action arising out of an altercation between two patrons of a defendant restaurant.

The client ejected the [Read News]

Modesta Brignoni v. 601 W. 162 Associates, LP, Supreme Court, New York County January 7, 2011
In a premises liability case, involving a plaintiff who fell through a cellar door that was located on the floor of a store in the defendant’s building, AGF&J associate Bridget Q. Choi won summary [Read News]

James Shea v. Royal Enterprises, Inc. and 9th Street Ventures, Ltd., United States District Court, Southern District of New York, January 6, 2011
In a personal injury action raising issues of contractual and statutory interpretation, AGF&J member Michael Gorelick and associate Jessica Napoli recently defeated the motion for summary judgment made [Read News]

Melagros Roman v. Brandi Corp. d/b/a El Viejo Yaya Restaurant, Supreme Court, Queens County, January 6, 2011
AGF&J is pleased to report that 2011 has begun successfully. On January 6, 2011, member Glenn Jacobson, assisted by associate Jessica Napoli, obtained a unanimous defense verdict in the Supreme Court, [Read News]

Recharde Hospedales v. “John Doe” a/k/a Danilo G. Perdomo, Supreme Court, Appellate Division, First Department, December 14, 2010
The Appellate Division of the New York Supreme Court affirmed a Bronx Supreme Court decision granting summary judgment against a plaintiff who had allegedly been injured by the defendant automobile driver. [Read News]

Carlos Vasquez v. 301 West 111 Owners LLP and 557-561 West 149 LLC and 557 West 149 Corporation, Supreme Court, New York County, October 27, 2010
In a “scaffold law” action brought by an apartment building superintendent against the building owner, Justice Paul Wooten granted the owner’s motion for summary judgment, based upon [Read News]

Jay Swatzburg v. John Golieb, Esq., Supreme Court, New York County, November 4, 2010
Attorneys retained by transactional counsel solely to ghost write a memorandum of law in opposition to a motion to dismiss a petition for dissolution of a corporation could not be liable to the petitioner [Read News]

U.S.A. Design, Inc. v. Joseph Sitt, et al., Supreme Court, NewYork County, October 27, 2010
In an action arising from a real estate investment, plaintiffs’ claims against the defendant law firm to recover the investment vehicle were dismissed for lack of standing and failure to state a [Read News]

Federal Deposit Insurance Corporation, as Receiver for AmTrust Bank v. The Mortgage Zone, Inc., et al., United States District Court Eastern District of New York, October 12, 2010
AGF&J member Barry Jacobs and associate Shari Sckolnick obtained an order dismissing claims against an agent of a title insurance company in a wide-ranging mortgage fraud action before United States District [Read News]

Hanover Insurance Company a/s/o Louis Glick & Company v. David Andrew Krivine and Ofer Mimouni, Supreme Court New York County, August 11, 2010
Following a seven-day trial, a jury returned a verdict in favor of AGF&J client Hanover Insurance Company, awarding it ownership of a diamond that had been reported lost by a policy holder. The verdict [Read News]

Luis Ramos v. Michael Stern, Macro Enterprises LTD., Champ Construction Corp., New York Sand & Stone, Supreme Court Bronx County, July 7, 2010
AGF&J associate Bridget Quinn obtained summary judgment on behalf of the defendant pile driving company on the ground that it owed no duty of care. Plaintiff had alleged that he was injured when the hi-lo [Read News]

Marcos Garcia v. Knight Transportation and Richard J. LaPlante, Jr., Supreme Court Bronx County, July 15. 2010
AGF&J member Glenn A. Jacobson and associate James E. Kimmel recently won a motion for summary judgment before Judge Lucindo Suarez of the Supreme Court, Bronx County. The Court granted summary judgment [Read News]

Supreme Court, New York County, July 1, 2010
A motion for summary judgment was granted in favor of AGF&J’s client, dismissing plaintiff’s legal malpractice complaint in its entirety. Barry Jacobs and associate Shari Sckolnick showed [Read News]

Maldonado v. Hunts Point Cooperative, Supreme Court, Bronx County, June 29, 2010
The Bronx County Supreme Court found in favor of AGF&J’s client in a negligent hiring, supervision, training and entrustment case, dismissing plaintiffs' claims on motion for summary judgment. [Read News]

Kessler v. Chelsea Papaya, Inc. and 23rd West Associates, Inc., Supreme Court, New York County, June 22, 2010
AGF&J's Jessica Napoli won summary judgment on behalf of the client, a commercial tenant, in front of whose premises plaintiff allegedly was injured. The Court agreed that the tenant did not have a duty [Read News]

Mazyck v. 1 800 Plan, LLC and Bergen Homes Condominium, Supreme Court, Kings County, June 14, 2010
In an action defended by AGF&J’s Glenn Jacobson and associate Jessica Napoli, the Court granted building owner’s motion for summary judgment dismissing the slip-and-fall negligence complaint. [Read News]

Castro v. Thompson et al., Supreme Court, New York County, June 3, 2010
In a dramatic turn of events, Barry Jacobs and associate Shari Sckolnick obtained dismissal of a legal malpractice claims against the defendant law firm. An underlying divorce action had involved the [Read News]

Bridgitte Decker, et al. v. Nagel Rice, LLC, et al., United States District Court, Southern District of New York, May 28, 2010
Barry Jacobs and associate Shari Sckolnick won a dismissal of all claims against the client law firm, brought by a group of individuals who had survived an Austrian ski train fire in 2000. The survivors, [Read News]

Hendrix v. Jinx-Proof LLC, et al., Supreme Court, New York County, April 30, 2010
Associate Jessica Napoli obtained partial summary judgment on behalf of the client bar owner in a personal injury action brought by a patron. Plaintiff claimed that as closing time approached at Beauty [Read News]