| 1/15/2019 Persistence wins the day; fifth order compelling disclosure applied to dismiss to dismiss "grossly derelict" plaintiffs' complaint
McQueen v. Parks, Index No. 0308964/2012 (Sup. Ct. Bronx Cty. January 9, 2019) |
| 1/11/2019 Even with knee replacement surgery, plaintiff sustained no permanent consequential or significant limitation as a result of accident; Court grants defendant's motion for summary judgment
Cynthia Moctezuma v. Luis Garcia, Index No. 20483/2016E (Sup. Ct. Bronx Cty. December 17, 2018) |
| 1/8/2019 Lead vehicle driver's non-negligence goes unrebutted; court grants summary judgment to defendant in chain collision
Ray v. Paris Limousine Service Corp., et al., 300606/2016 (Sup. Ct. Bronx Cty. Dec. 31, 2018) |
| 12/26/2018 New York courts' decisions reflect law's difficulties in responding to opioid crisis
by Thomas R. Maeglin |
| 12/18/2018 Appellate Court Unanimously Affirms Summary Judgment on Serious Injury Threshold
Avgush v. Jerry Fontan, Inc., et al., ___ A.D.3d ___ (1st Dep't 2018) |
| 12/18/2018 Anatomy of a No-Fault serious injury decision: Bronx court grants defendants' motion for summary judgment finding no causation theory to rebut expert report of degenerative damage
Appiah v. Adjei, et al., Index 21939/2014E (Bronx Cty. November 30, 2018) |
| 12/11/2018 First Department affirms summary judgment dismissing action on No-Fault Law serious injury threshold; neither of two plaintiffs proved their injuries were
Ogando, et al. v. National Freight, Inc., et al., ___ A.D.3d ___ (1st Dep't 2018) |
| 11/27/2018 Proof failed to raise issue of fact as to whether claimed injuries were causally related to motor vehicle accident; Appellate Division affirms dismissal of complaint under no-fault threshold
Thompson v. Bronx Merchant Funding Services, LLC, et al., __ A.D.3rd __ (1st Dep't November 27, 2018) |
| 11/1/2018 Obligation to pay defense fees arose at the time requested; additional insured contractor wins reimbursement for settlement and defense of bodily injury claim
Harco Construction, LLC et al. v. First Mercury Insurance Company, et al., Index No. 16601/2013 (Sup. Ct. Queens Cty. October 15, 2018) |
| 10/24/2018 No duty owed to fallen apple seller; Court grants summary judgment motion to premises owner
Sabouni v. Intercontinental Truck Brokerage, Inc., et al., Index No. 304243/2013 (Sup. Ct. Bronx Cty. Oct. 11, 2018) |
| 10/2/2018 Meteorological evidence favors defense under 'storm in progress' doctrine; Housing Authority wins summary judgment on liability for slip-and-fall claim
Ysabel Batista v. New York City Housing Authority, et al., Index 162515/2014E (Sup.Ct. New York Cty. Sept. 26 2018) |
| 9/14/2018 Congratulations to 2018 New York Metro Area Super Lawyers |
| 9/11/2018 Speculation that defendant was speeding not sufficient to raise question of fact on liability where plaintiff made left-hand turn across path of oncoming vehicle
Millers-Francisco v. Abreu, Index No. 300717/2016 (Sup.Ct. Bronx Cty. 2018) |
| 8/31/2018 Pro se Plaintiff Strikes Out: Court dismisses case in its entirety and denies leave to amend the Complaint further on motions to dismiss the Amended Complaint
Mohammed Keita v. Bank of America, N.A., QBE First Insurance, and AIG Insurance (Civil Action No.: 1:17-CV-880 (ENV)(SLT)) (E.D.N.Y. August 21, 2018) |
| 7/23/2018 Court rejects novel, but meritless, standing/capacity argument on motion to dismiss Underwriters' Complaint in declaratory judgment action
Certain Underwriters at Lloyd's, London v. Better Hope Holdings, LLC, et al., Index no.: 160794/2017 (Sup. Ct. NY Cty. 2018) |
| 4/23/2018 Motion for Stay of Arbitration denied based upon lack of jurisdiction and lack of coverage
In the Matter of the Application of Travelers Home and Marine Insurance Company, Index No. 613290/2017 (Sup. Ct. Nassau Cty. April 19, 2018) |
| 4/4/2018 AGF&J wins pre-discovery Summary Judgment in products liability case in U.S. District Court for the Southern District of New York; Complaint dismissed in its entirety on procedural grounds
Brandon Steiner v. Anbrook Industries, Ltd., et al, (S.D.N.Y. April 4, 2018) |
| 3/17/2018 New York Court of Appeals Expands Permissible Discovery of Social Media Accounts
by Glenn A. Jacobson, Esq & Barry Jacobs, Esq |
| 3/13/2018 Two victories for AGF&J auto liability defense team
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) |
| 2/27/2018 Plaintiff working outside of protections of Labor Law; Court dismisses 240, 241 and 200 claims
Edgardo DeGracia v. Hunts Point Terminal Market, Inc. and The City of New York, 309998/2011 (Sup.Ct. Bronx Cty. 2018) |
| 2/26/2018 Title III ADA accessibility claim dismissed on summary judgment: plaintiff lacked standing and failed to meet burden of proof
Fredkiey Hurley v. Tozzer, Ltd. d/b/a "Niagara", 15-cv-02785 (S.D.N.Y. ___ 2018) |
| 11/21/2017 PLRB Large Loss Conference features AGF&J presentation on Construction Defect Claims 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] |
| 9/30/2017 Allocation of settlement and defense fees between Employers Liability and Umbrella Excess policies improper where unlimited Employers Liability coverage available
QBE v. Zurich, Index No. 159020/2013 (Sup.Ct. N.Y. Cty. September 7, 2017) |
| 9/15/2017 Helpful Hints for Determining Causation for Storm Damage Under Florida Law
by Glenn A. Jacobson, Esq & Mark I. Binsky, Esq |
| 8/31/2017 Condominium master policy does not cover damage to individual owners' units; Court grants summary judgment to defendant insurer
New Jersey Manufacturers Ins. Co. v. Hamilton Specialty Ins Co, et al., MER-L-18-17 (Sup.Ct. Mercer Cty. Aug. 28, 2017) |
| 8/28/2017 Second Circuit Court of Appeals affirms dismissal of radiologist's claims against insurance fraud investigator for Bivens and Federal Tort Claims Act claims
Shapiro v. Goldman, No. 16-3097-CV, 2017 WL 3635517 (2d Cir. Aug. 24, 2017) |
| 7/20/2017 Injuries possibly severe, but not shown to have causal link to auto accident; plaintiff failed to meet serious injury threshold and Court grants defendants summary judgment
Thompson v. Bronx Merchant Funding Services, LLC, et al., 23050/2012E (Sup. Ct. Bronx Cty. July 6, 2017) |
| 7/1/2017 Change of Venue motion relocates Bronx auto case
Bonilla v. Green, 25367/2016 (Sup. Ct. Bronx Cty. June 16, 2017) |
| 6/7/2017 Court of Appeals finds additional insured endorsement requires insured to be proximate cause of injury giving rise to liability 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] |
| 6/6/2017 Summary judgment for defendants where injuries were not causally related to accident
Ogando, et al. v. National Freight, Inc., et al., 309337/2012 (Sup.Ct. Bronx Cty. May 30, 2017) |
| 5/31/2017 "Arising out of" and "caused by" endorsements both apply and both additional insured policies provide primary coverage; Additional insured coverage owed by defendant insurers for Labor Law matter
Church Mut. Ins. Co. v. Endurance American Specialty Ins. Co., 2017 WL 2335770 (Sup.Ct. N.Y. Cty. May 18, 2017) |
| 5/30/2017 New Jersey High Court Finds Limit to Flood Coverage for Sandy Damage
Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company, ___ N.J. ___ (A-85-15) (077617) (May 25, 2017) |
| 4/28/2017 Plaintiff's untimely Notice of Claim cannot be deemed timely served
McCullum v. New York City Housing Authority, Index No. 25275/2016E (Sup.Ct. Bronx Cty. 2017) |
| 3/31/2017 What role for industry standards in the Scaffold Law? Reversal in the Court of Appeals sends plaintiff's Labor Law section 240(1) case back down to the trial court for findings of fact
by Thomas R. Maeglin |
| 3/9/2017 Insufficient Reservation of Rights letter bars insurer from further litigating allocation of covered and non-covered claims in water intrusion construction defect case
by Thomas R. Maeglin |
| 2/27/2017 Court of Appeals settles question regarding motion court's discretion to grant leave to serve a late notice of claim under New York Municipal Law
by Thomas R. Maeglin |
| 2/21/2017 Court untangles liability in four-car collision case; summary judgment granted to operator of car number three
Gargiulo-Sejfijaj v. Garbo Lobster; Aquino v. Kang, Index No. 281/2015 (Sup.Ct. Putnam Cty. 2017) |
| 1/30/2017 Gorelick attends LEA Annual Meeting 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] |
| 1/19/2017 Abrams, Gorelick, Friedman & Jacobson Announces Partner Promotion and Two New Associates
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. |
| 1/5/2017 Breach of insurance policy Subrogation Clause and Cooperation Clause bar property damage claim; Appellate Division reverses lower court's denial of motion for summary judgment
915 2nd Pub, Inc. v QBE Ins. Corp., __ A.D.3d __, 2017 NY Slip Op 00019 (1st Dep't 2017) |
| 11/23/2016 Court of Appeals rules on timeliness of objection to CPLR 3101(d) expert disclosure
By Leonard G. Kamlet, Esq. and Thomas R. Maeglin, Esq. |
| 11/11/2016 Berlin on faculty of October seminars 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] |
| 11/10/2016 Products liability law and damages seminar in London features Jacobson 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] |
| 10/28/2016 Court of Appeals holds contractor defendant to building permit application; name on permit application and threat to withdraw permit bar summary judgment
Utica Mutual Insurance Company & Co., v. Style Management Associates Corp., et al., __ N.Y.3d ___; 2016 NY Slip Op 07046 (October 27, 2016) |
| 10/24/2016 Rise of the Car Sharing Programs: Recommendations for an Expanding Industry
By James E. Kimmel |
| 10/22/2016 Defects and shortcomings in submissions from plaintiff's chiropractor; Summary Judgment granted for defendant on serious injury threshold
Thomas v. Crittenden, 2016 WL 6138392 (Sup.Ct. Bronx Cty. 2016) |
| 10/13/2016 Noseworthy doctrine applies, but Bronx Court still finds for defendants in motorcycle fatality
Virgulak v. Neal, et al., Index No. 22357/2013E (Sup.Ct. Bronx Cty. October 3, 2016) |
| 9/22/2016 Negligent disposal of video evidence not sufficient to warrant striking of defendant's answer; Appellate Division modifies with adverse inference charge
Peters v Hernandez, 142 AD3d 980, 2016 NY Slip Op 05983 (2nd Dep't 2016) |
| 9/7/2016 Defendants granted summary judgment in claim for permanent loss of vocal cords and speech from auto accident
Doron Avgush v. Jerry Fontan, Inc. and Gerardo Fontan, Index No. 20734/2012E (Sup.Ct. Bronx Cty. August 29, 2016) |
| 7/13/2016 Advocate-witness Rule applies where counsel was privy to information regarding the pertinent underlying transactions: motion to disqualify counsel granted
Facie Libre Associates I, LLC v. Littman Krooks, LLP, Index 651064/2013 (Sup. Ct. N.Y. Cty. June 29, 2016) |
| 5/21/2016 Interior gate not required for freight elevator under Code in 1923; Court dismisses Complaint for injuries suffered on manually operated freight elevator
William Romero v. Waterfront N.Y., et al, 19852/2009 ((Sup.Ct. Kings Cty. 2016) |
| 5/6/2016 Plaintiff fails to identify a specific asbestos containing product manufactured, delivered, distributed or supplied by the defendant: asbestos injury claim dismissed
DeChantal v. Harco, LLC, Index No. 900261/2015 (Sup.Ct. Albany Cty. 2016) |
| 5/5/2016 Subrogation plaintiffs obtain reversal in Appellate Division: questions of fact including whether auto dealership negligently performed vehicle recall
Utica Mutual Insurance Company v. Ford Motor Company, et al., __ A.D.3d __ (2nd Dep't May 4, 2016) |
| 5/5/2016 Labor Law defendants prevail under homeowners exemption; defendants' progress checks insufficient to raise issue of fact
Castillo v. Kelly, Index No. 67990/2014E (Sup. Ct. Suffolk Cty. May 3, 2016) |
| 5/4/2016 Kamlet on faculty of 2016 Hofstra/NITA Trial Techniques Program 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] |
| 4/1/2016 Statute of limitations bars legal malpractice claim; Court rejects application of continuous representation doctrine
Harris v. Wachtel & Missry, LLP and Omid Zareh, P.C., Index No. 605895-2015 (Sup.Ct. Nassau Cty. March 22, 2016) |
| 3/20/2016 Video surveillance footage proves crucial to defeat all claims against security guards
Schumacher v. Antiquorum USA, Inc., NY Slip Op. (Sup.Ct. N.Y.Cty. 2016) |
| 3/9/2016 The Location of a Defect is No Longer the Sole Determinant of Liability Under NYC Sidewalk Law According to the New York Court of Appeals
By Leonard G. Kamlet, Esq. and John O. Fronce, Esq. |
| 3/8/2016 Mr. Steven DiSiervi to Speak at the 2016 CLM Annual Conference 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] |
| 2/29/2016 Plaintiff's case is a few berries short of a pie: court rejects expansion of New Jersey's 'mode-of-operation' rule
By Thomas R. Maeglin, Esq. |
| 2/5/2016 LLC's managing member was aware of accident, ambulance, hospitalization; no excuse for one-year delay in providing notice to insurer under common law 'no-prejudice' rule
VGFC Realty II, LLC v. D'Angelo, et al., Index No. 28211/2011 (Sup.Ct. Queens Cty. February 2, 2016) |
| 1/26/2016 Guidance Issued for New York City's Ban-the-Box Law
by Steven M. Berlin, Esq. and Karen Hart, Esq. |
| 1/26/2016 New NYS Laws Add Protection for Women in the Workplace
By Steven M. Berlin, Esq. and Kamilah Mitchell, Esq. |
| 1/26/2016 New Year Brings New Sick Leave for New Brunswick
By Steven M. Berlin, Esq. and Michael Goldwasser |
| 1/26/2016 Final Regulations Issued for New Jersey's Ban-the-Box Law
By Steven M. Berlin, Esq. and Karen Hart, Esq. |
| 1/26/2016 NLRB Panel Rules Policies Barring Workplace Recordings Unlawful
By Steven M. Berlin, Esq. and Karen Hart, Esq. |
| 12/30/2015 New York Appellate Court Pokes Defendants' Entitlement to Facebook Posts
By James E. Kimmel, Esq. |
| 12/21/2015 Amendment to CPLR limits judge's discretion in rejecting expert affidavits
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. |
| 10/27/2015 The Court of Appeals Revisits and Upholds the Trivial Defect Defense
Hutchinson v. Sheridan Hill House Corp., __ N.Y.3d __ (October 20, 2015) |
| 10/26/2015 Court denies request to add defendants to FDCPA Complaint; cites lack of diligence, inordinate delay and substantial prejudice
Zucker v. Porteck Global Services, Inc., et al., 13-CV-2674 (E.D.N.Y. October 23, 2015) |
| 8/5/2015 Appellate Division vacates award of plaintiff's damages; expert failed to provide voluminous medical records before appearing for trial
Noor v. The City of New York, et al., __ A.D.3d __ (1st Dep't July 28, 2015) |
| 7/24/2015 Two-year gap in plaintiff's medical treatment relieves defendant; Court grants summary judgment for failure to show "serious injury"
Pujols-Duarte v. Provenzano, Index No. 301773/2013 (Sup.Ct. Bronx Cty. June 29, 2015) |
| 6/25/2015 Chiropractor's Affidavit has no probative value; summary judgment on lack of "serious injury"
Balbuena v. Vasquez, Index. No. 307194/2012 (Sup.Ct. Bronx Cty. 2015) |
| 5/5/2015 In Bronx prayer service case, Arbitration Award in favor of defendant on liability
Tabales v. United Methodist Iglesia Evangelica Church, Index. No. 23095/2012 (Sup.Ct. Bronx Cty. 2015) |
| 5/5/2015 Virginia auto insurer not subject to personal jurisdiction in New Jersey; Court dismisses UM insurer's Third-party Complaint seeking reformation of the policy
Culqui v. Carrera, UNN-L-4132-13 (N.J. Sup.Ct. April 28, 2015) |
| 4/3/2015 Law360 article quotes Jacobson 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] |
| 4/2/2015 The Journal of American Law publishes article by AGF&J partners 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] |
| 3/11/2015 Proof of Loss untimely when not provided within extension of time granted by property insurer: Court grants insurer's motion to dismiss
125 Belle Harbour, LLC and Fortress Development Group, LLC v. Underwriters at Lloyd's, London, Index 654266/2013 (Sup.Ct. N.Y.Cty. 2015) |
| 2/13/2015 Plaintiff's unexplained conduct thwarts the 50-h hearing process: Claim against City and Housing Authority conditionally dismissed
Bianca Pichardo v. The City of New York and New York City Housing Authority, Index No. 157494/2014 (Sup.Ct. N.Y.Cty. 2015) |
| 12/8/2014 First party Insurer obtains Summary Judgment dismissing water damage claims under All-Risk policy
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) |
| 12/5/2014 Defendants demonstrate that alleged defect was trivial and not actionable by law; Court grants summary judgment
Sturm v. Myrtle Catalpa, LLC, et al., Index No. 1433/2013 (Sup.Ct. Queens Cty. 2014) |
| 11/14/2014 Sandy Team featured in Law360 Article 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] |
| 11/4/2014 AGF&J approved as CE provider for insurance agents and adjusters in Texas 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] |
| 10/7/2014 Super Lawyers - 2014 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] |
| 9/23/2014 AGF&J gets default judgment vacated and complaint against client dismissed: substituted service upon defendants at their summer home is insufficient
Castillo v. Kelly, Index No. 30452/12 (Sup.Ct. Suffolk Cty. 2014) |
| 9/10/2014 AGF&J approved as CE provider for insurance agents and adjusters in Florida; New York soon to follow. 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] |
| 9/5/2014 AGF&J obtains dismissal of suit against its client based upon the operation of a Surrender Agreement
Mills v. G Loft, Index No. 1102/2014 (Sup.Ct. Kings Cty. 2014) |
| 7/18/2014 AGF&J wins summary judgment dismissing a $1,150,000 claim against its insurance company client
Liberty Surplus Insurance Corporation v. Burlington Ins. Co. and QBE Insurance Corp., Index No. 155165-2012 (Sup.Ct. N.Y.Cty. 2014) |
| 7/7/2014 AGF&J Wins Summary Judgment for its client in a motor vehicle accident
Wynn v. Rivera, Index No. 307938/2010 (Sup.Ct. Bronx Cty. 2014) |
| 7/1/2014 Abrams, Gorelick opens a New Jersey Office 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] |
| 4/9/2014 Three honored by Jewish Lawyers Guild 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] |
| 4/1/2014 Expert report establishes grounds for summary judgment
Juan Aviles v. Heriberto Bermejo, Index No. 114452/2011 (Sup.Ct. N.Y.Cty. March 21, 2014) |
| 3/31/2014 Driver’s Alleged Lack of Proper Attention Not Supported by Any Evidence in Auto Accident Case: Appellate Division Affirms Summary Judgment for Defendant
Linda A. Foreman v. Jihad Skeif, ___ A.D.3d ___, 2014 N.Y. Slip Op. 1837 (1st Dep't March 20, 2014) |
| 3/28/2014 AGF&J Wins Summary Judgment for its client in a motor vehicle case based upon New York’s
Ahmed v. Lu and Wang, Index No. 301462/2012 (Sup.Ct. Bronx Cty. 2014) |
| 3/24/2014 Defense Verdict in Two-day Summary Jury Trial
Shakyra Parker v. Lorena E. Bowie and Kevin L. Bowie, Index No. 118213/2009 (Sup.Ct. Bronx Cty. 2014) |
| 3/20/2014 Steven DiSiervi to speak at the CLM 2014 Annual Conference 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] |
| 2/21/2014 Attorney communications with insurer absolutely immune from disclosure pursuant to the attorney-client privilege; Appellate Division reverses order compelling disclosure
VGFC Realty II, LLC v. D'Angelo, ___ A.D.3d ___ (2nd Dep't 2014) |
| 2/18/2014 Contractual Indemnification dismissal affirmed; no binding indemnification agreement at time of accident
Augustin Paez v. 1610 Saint Nicholas Avenue, L.P. et al., 2014 NY Slip Op 421 (1st Dep't 2014) |
| 1/20/2014 Abrams, Gorelick opens a representative office in London 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] |
| 1/15/2014 Wal-Mart's Claims Against Transportation Contractor Dismissed on Pre-Answer Motion
Eckhoff v. Wal-Mart Assocs, Inc., 2013 U.S. Dist. LEXIS 181156 (S.D.N.Y. 2013) |
| 1/5/2014 At trial AGF&J team defeats Bronx auto plaintiff on both liability and "serious injury" threshold
Posimato v. Ortega, Index 1844/04 (Sup. Ct. Bronx Cty. 2013) |
| 12/19/2013 Neurologist and Orthopedist reports establish that plaintiff did not sustain "serious injury": Court dismisses Complaint on motion for summary judgment
Rivera v. Hayes, Index No. 20830/10 (Sup.Ct. Bronx Cty. December 9, 2013) |
| 12/5/2013 No explanation of deficits in range of motion after findings of improved range within four months of accident: Appellate Division reverses motion court's denial of summary judgment on "serious injury"
Nova v. Fontanez, ___ A.D.3d ____ (1st Dep't December 5, 2013) |
| 12/3/2013 Important decision concerning car sharing services limits liability under the Graves Amendment
Moreau v. Josaphat, N.Y. Law Journal, December 3, 2013 (Sup.Ct. Kings Cty. 2013) |
| 11/23/2013 Maeglin part of Superstorm Sandy panel at PLRB Large Loss Confererence 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] |
| 10/11/2013 Misrepresentations concerning primary residency and ownership or occupancy of other residence provide grounds for rescinding homeowners policy
Stollenwerck v. Adirondack Ins. Exchange, Index No. 601202/2010 (Supreme Ct. N.Y. Cty. Sept 25, 2013) |
| 10/11/2013 No extension of time for Plaintiff to effect service due to failure to exercise due diligence; Court dismisses auto-accident complaint
Nancly Jean-Pierre v. Roderick Crawford, Index No. 308139/2012 (Sup.Ct. Bronx Cty. October 4, 2013) |
| 10/3/2013 New Jersey Bill A-4382 seeks to provide insureds with a private cause of action against insurers for unfair settlement claims practices. 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] |
| 10/2/2013 AGF&J thrice honored by Super Lawyers
The New York Metro issue of Super Lawyers, published by Thomson Reuters, has again honored AGF&J partners. |
| 10/1/2013 James M. Brown, Esq.
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. |
| 9/23/2013 Contention that contractor created dangerous condition "far too speculative"; court dismisses direct claim and third-party complaint
Farley v. Gilbane Building Company, Index No. 18178/2008 (Sup.Ct. Kings Cty. 2013) |
| 9/16/2013 Apportionment of Loss clause questions certified to New York Court of Appeals
Quaker Hills v. Pacific Indemnity, 11-3670 (2nd Cir. Aug. 29, 2013) |
| 8/14/2013 Physical limitations and their duration unsupported by objective proof; defendant driver entitled to summary judgment on serious injury threshold
Sook Hee Park v. Young O. Park and Michael Papadakis, Index No. 310492/2009 (Sup. Ct. Bronx Cty., May 21, 2013) |
| 8/14/2013 No serious injury says unanimous Bronx jury
Segundo M. Rodriguez v. Erasmo M. Pichardo and Alfredo Reynoso, Index No. 310663/2008 (Sup. Ct. Bronx Cty. 2013) |
| 6/27/2013 No waiver of privilege over appraiser's report; Appellate Division reverses Order compelling disclosure
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) |
| 6/4/2013 Landlord not an additional insured for property damage under tenant's policy: Court grants summary judgment to insurer
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) |
| 6/4/2013 Testimony concerning building violations at defendant's premises insufficient to defeat motion for summary judgment by out-of-possession landlord
Joseph v. Emmis Communications d/b/a Hot 97.1 FM, et al., Index No. 20843/2010 (Sup. Ct. Bronx Ct. April 19, 2013) |
| 6/4/2013 Climatological data supports summary judgment for parking lot owner: Court finds no actual or constructive notice of icy condition
Lakins v. 171 E.205th Street, Index No. 301868/2009 (Sup. Ct. Bronx Cty. April 1, 2013) |
| 5/22/2013 Legislation Proposed to Ban Anti-Concurrent Causation Clauses in New York 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] |
| 5/20/2013 Jacobson elected President of the Harmonie Group 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] |
| 5/16/2013 Waiver of subrogation provision bars claim for fire loss, and language in lease rider not in conflict: Appellate Division affirms summary judgment for tenant
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) |
| 4/19/2013 Defendant/Third-party Plaintiff’s default deemed admission of negligence fatal to third-party claim
Augustin Paez v. 1610 Saint Nicholas Avenue, L.P. et al., Supreme Court, New York County, Index No. 117172/2009 (April 16, 2013) |
| 4/5/2013 Defendant driver goes straight, wins summary judgment.
Foreman v. Skeif and Foreman, Supreme Court, Bronx County, Index No. 304720/2010, March 27, 2013 |
| 3/15/2013 Bill Introduced to New York Assembly Proposing Private Right of Action for Insureds Where a “Disaster Emergency” Has Been Declared 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] |
| 1/14/2013 Three-year delay in rejecting tender invalidates disclaimer based upon “Intra-Insured” exclusion
QBE Insurance Corporation, et al. v. Public Service Mutual Insurance Company, et al. (Appellate Division, First Department, Jan. 8, 2013) |
| 12/4/2012 AGF&J releases Whitepaper on Superstorm Sandy coverge issues
Click on this link to view Superstorm Sandy Emerging Coverage Issues |
| 11/20/2012 AGF&J team continues streak in defeating “serious injury” claims in Bronx auto cases
Ross v. Arroyo, Supreme Court, Bronx County, Index No. 309161/2010 |
| 10/25/2012 Vigorous closing leads to unanimous defense verdict
Montgomery v. Greaves, et al., Supreme Court, Bronx County, Index No. 18458/2007 |
| 10/10/2012 Three AGF&J Partners honored in 2012 Super Lawyers 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] |
| 9/21/2012 Labor Law complaint dismissed on summary judgment: Circus worker sewing tent not engaged in “construction”
Zare v. City of New York, Supreme Court, Bronx County Index No. 308994/2009, August 31, 2012 |
| 9/6/2012 No leave to appeal replacement cost holdback case
1840 Concourse Associates LP v. Praetorian Insurance Company f/k/a Insurance Corporation of Hannover, Mo. No. 2012-616 (August 30, 2012) |
| 7/20/2012 Summary Judgment granted against three plaintiffs: no showing of sustainable serious injury
Lopez, et al. v. Reynoso, et al, Supreme Court, Bronx County, Index No. 310669/2008 |
| 6/1/2012 Maeglin presents on Personal Lines Exclusions 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] |
| 5/12/2012 Gorelick speaks at NYSBA event 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] |
| 4/20/2012 Court agrees that plaintiffs could not show "serious injury": grants summary judgment to defendant in no-fault case
Valentin, et al. v. Santos, Supreme Court, Bronx County, Index No. 25278/03 |
| 4/10/2012 Auto collision plaintiff discontinues voluntarily on courthouse steps
Francis Parra v. J&C Beverage Corporation and Cesar Brioso, Supreme Court, New York County, Index No. 105172/09 |
| 4/6/2012 Scooter operator’s case derailed by her 50H and deposition testimony
Reyes v. Roussos, et al., Supreme Court, Bronx County, Index No. 350352/08 |
| 4/3/2012 Summary jury trial ends in defense verdict for Bronx building owner
Ramos v. DuPont Realty, LLC, Supreme Court, Bronx County, Index No. 300726/07 |
| 4/3/2012 Verdict in diamond case affirmed
Hanover Insurance Company a/s/o Louis Glick & Company v. David Andrew Krivine and Ofer Mimouni, Appellate Division, First Department, April 3, 2012 |
| 3/2/2012 Bronx jury delivers unanimous defense verdict in favor of automobile owners
Belkis Bejaran v. Lourdes Perez and Maria Perez, Supreme Court, Bronx County, February 16, 2012 |
| 2/2/2012 All three plaintiffs’ claims dismissed via summary judgment in auto case: Court finds no “serious injury” to meet “no-fault” threshold
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) |
| 2/2/2012 Reservation of right to reenter premises alone not sufficient to charge landlord with liability
Cano v. Ahead Realty, Corp., Supreme Court, Queens County, No. 20467/2008, May 9, 2011 |
| 1/17/2012 Mark Ian Binsky, Esq. joins AGF&J 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] |
| 12/30/2011 Appellate Division affirms summary judgment order: Finds Signed Statement in Proof of Loss does not create new agreement or toll limitations period
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) |
| 10/5/2011 Gorelick Honored 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] |
| 7/13/2011 Summary judgment for defendant restaurant operator in “seam” and “groove” case; Tenant had no duty to maintain or repair sidewalk abutting leasehold premises
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 |
| 6/6/2011 Dog does not bite man; Plaintiff’s attorney discontinues case against AGF&J client upon consideration of its summary judgment motion
Stuart Banschick v. Deborah Holmes and Dominick Mucci, Supreme Court, Nassau County |
| 5/6/2011 Court rejects investor’s suit against insurer of debtor: Second mortgagee’s complaint for breach of contract against insurer fails based upon documentary evidence
Edge Capital IV, LLC v. USAA Casualty Insurance Company, Supreme Court, Nassau County, April 6, 2011 |
| 4/5/2011 Jewish Lawyers Guild Honors Judges 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] |
| 3/15/2011 Appellate Division affirms Summary Judgment in favor of defendant employers of plaintiff’s assailant/boyfriend
Maldonado v. Hunts Point Cooperative Market, Inc., et al., Supreme Court Appellate Division, First Department, March 10, 2011 |
| 3/14/2011 Slipping on the Ritz: Court finds bar operator had no actual or constructive notice of alleged “dangerous condition” on stairs
Virgil Alessi v. G-Squared R.E., Inc., et al., Supreme Court, New York County, March 2, 2011 |
| 3/10/2011 Jury Renders Defense Verdict in Bar Fight Case: Patron’s Injuries Not Caused by Restaurant’s Service of Alcohol
Jules v. Polny Restaurant Corp. d/b/a Sophie’s and Brandt Collins, Supreme Court, Kings County, No. 32067/07, January 14, 2001 |
| 1/26/2011 Plaintiff's case does not hinge on rusty screws
Modesta Brignoni v. 601 W. 162 Associates, LP, Supreme Court, New York County January 7, 2011 |
| 1/11/2011 Magistrate thwarts Landlord’s attempt to pass through liability for own negligence; ambiguity renders indemnification agreement unenforceable
James Shea v. Royal Enterprises, Inc. and 9th Street Ventures, Ltd., United States District Court, Southern District of New York, January 6, 2011 |
| 1/7/2011 AGF&J Rings in New Year with Unanimous Defense Verdict
Melagros Roman v. Brandi Corp. d/b/a El Viejo Yaya Restaurant, Supreme Court, Queens County, January 6, 2011 |
| 12/16/2010 Unspecified “insurance coverage issues” do not explain complete cessation of treatment for allegedly permanent injuries
Recharde Hospedales v. “John Doe” a/k/a Danilo G. Perdomo, Supreme Court, Appellate Division, First Department, December 14, 2010 |
| 11/29/2010 Workers Compensation Bar extends to non-employer building owner in Labor Law action by superintendent
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 |
| 11/8/2010 Proximate cause of plaintiff’s damages was intervening and superseding conduct of successor counsel; summary judgment granted to malpractice defendant
Jay Swatzburg v. John Golieb, Esq., Supreme Court, New York County, November 4, 2010 |
| 10/29/2010 Court dismisses claims for declaratory judgment and action for monies had and received against law firm; plaintiff lacked standing and failed to state cause of action
U.S.A. Design, Inc. v. Joseph Sitt, et al., Supreme Court, NewYork County, October 27, 2010 |
| 10/15/2010 Fiduciary duty, negligence and accounting causes of action dismissed in mortgage fraud action
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 |
| 9/20/2010 Jury returns diamond to insurer who paid for loss
Hanover Insurance Company a/s/o Louis Glick & Company v. David Andrew Krivine and Ofer Mimouni, Supreme Court New York County, August 11, 2010 |
| 8/20/2010 Bronx Court finds that pile driving company owed no duty of care in construction-related personal injury action
Luis Ramos v. Michael Stern, Macro Enterprises LTD., Champ Construction Corp., New York Sand & Stone, Supreme Court Bronx County, July 7, 2010 |
| 8/16/2010 Findings of defense medical experts show injuries not causally related to motor vehicle accident
Marcos Garcia v. Knight Transportation and Richard J. LaPlante, Jr., Supreme Court Bronx County, July 15. 2010 |
| 7/1/2010 Documents establishing conclusion of attorney-client relationship show Complaint is time-barred; defendants proved they “aggressively pursued plaintiff’s claims”
Supreme Court, New York County, July 1, 2010 |
| 6/29/2010 Employer not liable to girlfriend of shooter/employee where there was no showing of duty, proximate cause
Maldonado v. Hunts Point Cooperative, Supreme Court, Bronx County, June 29, 2010 |
| 6/22/2010 AGF&J obtains summary judgment in favor of defendant tenant in trip-and-fall case
Kessler v. Chelsea Papaya, Inc. and 23rd West Associates, Inc., Supreme Court, New York County, June 22, 2010 |
| 6/14/2010 Clear victory in sidewalk shoveling case
Mazyck v. 1 800 Plan, LLC and Bergen Homes Condominium, Supreme Court, Kings County, June 14, 2010 |
| 6/3/2010 Plaintiff concedes the case upon hearing AGF&J present oral argument on behalf of defendant law firm and partner
Castro v. Thompson et al., Supreme Court, New York County, June 3, 2010 |
| 5/28/2010 Would-be class action plaintiffs lacked privity, missed statute of limitations, and could not show proximate cause; Court grants summary judgment for class action firm
Bridgitte Decker, et al. v. Nagel Rice, LLC, et al., United States District Court, Southern District of New York, May 28, 2010 |
| 4/30/2010 Beautiful decision in ugly case: negligent hiring and supervision and Dram Shop claims dismissed
Hendrix v. Jinx-Proof LLC, et al., Supreme Court, New York County, April 30, 2010 |
