Newswire

Newswire

border-bottom-line-min

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…

Read More

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.…

Read More

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…

Read More

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…

Read More

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…

Read More

Abrams Gorelick obtains dismissal of suit against its client based upon the operation of a Surrender Agreement

February 26, 2020

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, a dispute arose between the landlord (Abrams Gorelick’s client) and its tenant that…

Read More

Jury Renders Defense Verdict in Bar Fight Case: Patron’s Injuries Not Caused by Restaurant’s Service of Alcohol

February 26, 2020

Jules v. Polny Restaurant Corp. d/b/a Sophie’s and Brandt Collins, Supreme Court, Kings County, No. 32067/07, January 14, 2001 Abrams Gorelick 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 plaintiff from its premises…

Read More

Court rejects investor’s suit against insurer of debtor: Second mortgagee’s complaint for breach of contract against insurer fails based upon documentary evidence

February 26, 2020

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. Abrams Gorelick member Michael E. Gorelick and associate Thomas R.…

Read More

Super Lawyers – 2014

February 26, 2020

Abrams Gorelick 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 Lawyers Magazine.

Read More

First party Insurer obtains Summary Judgment dismissing water damage claims under All-Risk policy

February 26, 2020

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 against its Insurer…

Read More