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Bronx jury delivers unanimous defense verdict in favor of automobile owners

February 26, 2020

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, Abrams Gorelick obtained a unanimous defense verdict on behalf of clients, Maria Perez and Lourdes Perez. The case involved a pedestrian versus motor vehicle…

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Expert report establishes grounds for summary judgment

February 26, 2020

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 meaning of Insurance Law section 5012(d). Defendant’s proof included the plaintiff’s…

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All three plaintiffs’ claims dismissed via summary judgment in auto case: Court finds no “serious injury” to meet “no-fault” threshold

February 26, 2020

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…

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Abrams Gorelick Wins Summary Judgment for its client in a motor vehicle case based upon New York’s

February 26, 2020

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 Abrams Gorelick’s client in Ahmed v. Lu and Wang, a motor vehicle accident case. In support of the motion, Abrams Gorelick submitted the affirmed medical report of…

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Appellate Division affirms summary judgment order: Finds Signed Statement in Proof of Loss does not create new agreement or toll limitations period

February 26, 2020

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 fire…

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Magistrate thwarts Landlord’s attempt to pass through liability for own negligence; ambiguity renders indemnification agreement unenforceable

February 26, 2020

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, Abrams Gorelick member Michael Gorelick and associate Jessica Napoli recently defeated the motion for summary judgment made by a co-defendant…

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Abrams Gorelick Rings in New Year with Unanimous Defense Verdict

February 26, 2020

Melagros Roman v. Brandi Corp. d/b/a El Viejo Yaya Restaurant, Supreme Court, Queens County, January 6, 2011 Abrams Gorelick 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, Queens County before Justice Dennis J.…

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Appellate Division affirms Summary Judgment in favor of defendant employers of plaintiff’s assailant/boyfriend

February 26, 2020

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 Abrams Gorelick clients, the Appellate Division, First Department, unanimously affirmed the lower court’s decision, previously reported here on June 29, 2010 (see “Employer not liable to girlfriend…

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Fiduciary duty, negligence and accounting causes of action dismissed in mortgage fraud action

February 26, 2020

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 Abrams Gorelick 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…

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Abrams Gorelick wins summary judgment dismissing a $1,150,000 claim against its insurance company client

February 26, 2020

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 an underlying Labor Law case brought…

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