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 Abrams Gorelick Associate Dennis J. Monaco. Abrams Gorelick maintained the hardline position that plaintiff’s injuries were insufficient to qualify as a ‘serious injury’ under…

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 in Proof of Loss does not create…

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 in New York City.

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 Coverage continuing legal education program of the New York State Bar Association on May 21, 2012.

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 policy. The insured was the record owner of a house…

Manuel Castro, et al. v. Malia Realty, LLC, et al., 177 AD3d 58, 2019 NY Slip Op 06466 (2nd Dep’t September 11, 2019) Bifurcation of trial, separating issues of liability and damages, is encouraged where it appears that it may assist in a clarification or simplification of issues and a fair and more expeditious resolution…

Montgomery v. Greaves, et al., Supreme Court, Bronx County, Index No. 18458/2007 In a summary jury trial in Supreme Court, Bronx County, Abrams Gorelick 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 involved in the collision, but continued…

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, Section 5102(d). Plaintiff claimed injuries relating to a multi-car accident, and served a…

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 under that federal statute. A two-car accident led…

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 into an uncovered opening, located on…