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Plaintiff concedes the case upon hearing Abrams Gorelick present oral argument on behalf of defendant law firm and partner

February 26, 2020

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 appointment of a partner of the firm—not the firm itself—as a…

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Abrams Gorelick obtains summary judgment in favor of defendant tenant in trip-and-fall case

February 26, 2020

Kessler v. Chelsea Papaya, Inc. and 23rd West Associates, Inc., Supreme Court, New York County, June 22, 2010 Abrams Gorelick’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 to maintain…

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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

February 26, 2020

Millers-Francisco v. Abreu, Index No. 300717/2016 (Sup.Ct. Bronx Cty. 2018) A Bronx Court granted summary judgment on liability to the defendant driver, dismissing the Complaint, over plaintiff’s opposition speculating that defendant might have been speeding. Plaintiff was allegedly injured in a collision that occurred when plaintiff made a left-hand turn into defendant’s lane. At the…

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Congratulations to 2018 New York Metro Area Super Lawyers

February 26, 2020
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Clear victory in sidewalk shoveling case

February 26, 2020

Mazyck v. 1 800 Plan, LLC and Bergen Homes Condominium, Supreme Court, Kings County, June 14, 2010 In an action defended by Abrams Gorelick’s Glenn Jacobson and associate Jessica Napoli, the Court granted building owner’s motion for summary judgment dismissing the slip-and-fall negligence complaint. Testimony by the defendant’s representative established that the company had “cleaned…

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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

February 26, 2020

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.…

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Beautiful decision in ugly case: negligent hiring and supervision and Dram Shop claims dismissed

February 26, 2020

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 Bar, an altercation arose between her friends and a…

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Obligation to pay defense fees arose at the time requested; additional insured contractor wins reimbursement for settlement and defense of bodily injury claim

February 26, 2020

Harco Construction, LLC et al. v. First Mercury Insurance Company, et al., Index No. 16601/2013 (Sup. Ct. Queens Cty. October 15, 2018) In an important application of the Court of Appeals’ decision in Sierra v 4401 Sunset Park, LLC, the Supreme Court, Queens County ordered and declared that a defendant insurer is obligated to reimburse…

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No duty owed to fallen apple seller; Court grants summary judgment motion to premises owner

February 26, 2020

Sabouni v. Intercontinental Truck Brokerage, Inc., et al., Index No. 304243/2013 (Sup. Ct. Bronx Cty. Oct. 11, 2018) Plaintiff, a fruit and vegetable seller, wanted to exchange some apples at the Hunts Point Terminal Market. So, with the approval, he thought, of one of the porters of an apple wholesaler (the Market’s tenant), he went…

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Meteorological evidence favors defense under ‘storm in progress’ doctrine; Housing Authority wins summary judgment on liability for slip-and-fall claim

February 26, 2020

Ysabel Batista v. New York City Housing Authority, et al., Index 162515/2014E (Sup.Ct. New York Cty. Sept. 26 2018) The Complaint alleged that plaintiff was injured because the defendant New York City Housing Authority (NYCHA) failed to properly remove snow and ice from the premises where she fell. But the record showed it was still…

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