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Slipping on the Ritz: Court finds bar operator had no actual or constructive notice of alleged “dangerous condition” on stairs

February 26, 2020

Virgil Alessi v. G-Squared R.E., Inc., et al., Supreme Court, New York County, March 2, 2011 Dismissing a slip-and-fall Complaint by a patron of the Ritz Bar & Lounge against its operators, Justice Milton A. Tingling recently granted Abrams Gorelick clients’ Motion for Summary Judgment. Plaintiff generally claimed that he had slipped on some unidentified…

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Sandy Team featured in Law360 Article

February 26, 2020

Abrams Gorelick 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 Sandy. Jacobson and Puchalsky commented upon the recent decision in Wakefern v. Lexington Ins. Co., in which a New Jersey court held that a…

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Defendants demonstrate that alleged defect was trivial and not actionable by law; Court grants summary judgment

February 26, 2020

Sturm v. Myrtle Catalpa, LLC, et al., Index No. 1433/2013 (Sup.Ct. Queens Cty. 2014) The Honorable Sidney F. Strauss granted summary judgment dismissing the Complaint as to all defendants in a personal injury action concerning a trip and fall accident. Defendants met a difficult burden of demonstrating that the alleged sidewalk defect was trivial as…

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Jury returns diamond to insurer who paid for loss

February 26, 2020

Hanover Insurance Company a/s/o Louis Glick & Company v. David Andrew Krivine and Ofer Mimouni, Supreme Court New York County, August 11, 2010 Following a seven-day trial, a jury returned a verdict in favor of Abrams Gorelick client Hanover Insurance Company, awarding it ownership of a diamond that had been reported lost by a policy…

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Plaintiff’s unexplained conduct thwarts the 50-h hearing process: Claim against City and Housing Authority conditionally dismissed

February 26, 2020

Bianca Pichardo v. The City of New York and New York City Housing Authority, Index No. 157494/2014 (Sup.Ct. N.Y.Cty. 2015) Finding himself “at a loss to find any justification in plaintiff’s attorney’s action”, Justice Frank P. Nervo conditionally granted a motion to dismiss a personal injury action for conduct that “thwarted the 50-h hearing process.”…

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Bronx Court finds that pile driving company owed no duty of care in construction-related personal injury action

February 26, 2020

Luis Ramos v. Michael Stern, Macro Enterprises LTD., Champ Construction Corp., New York Sand & Stone, Supreme Court Bronx County, July 7, 2010 Abrams Gorelick associate Bridget Quinn obtained summary judgment on behalf of the defendant pile driving company on the ground that it owed no duty of care. Plaintiff had alleged that he was…

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Findings of defense medical experts show injuries not causally related to motor vehicle accident

February 26, 2020

Marcos Garcia v. Knight Transportation and Richard J. LaPlante, Jr., Supreme Court Bronx County, July 15. 2010 Abrams Gorelick member Glenn A. Jacobson and associate James E. Kimmel recently won a motion for summary judgment before Judge Lucindo Suarez of the Supreme Court, Bronx County. The Court granted summary judgment to the defendant trucking company…

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Proof of Loss untimely when not provided within extension of time granted by property insurer: Court grants insurer’s motion to dismiss

February 26, 2020

125 Belle Harbour, LLC and Fortress Development Group, LLC v. Underwriters at Lloyd’s, London, Index 654266/2013 (Sup.Ct. N.Y.Cty. 2015) In a breach of contract action concerning first party property insurance coverage, the Honorable Eileen A. Rakower granted the defendant insurer’s pre-answer motion to dismiss a Complaint which sought coverage for vandalism damage to commercial property.…

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Law360 article quotes Jacobson

February 26, 2020

Comments of Abrams Gorelick 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 United States Court of Appeals, Third Circuit, in Torre v. Liberty Mutual Fire Insurance Company, __ F.3d __ (3d Cir. Mar. 26, 2015).…

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In Bronx prayer service case, Arbitration Award in favor of defendant on liability

February 26, 2020

Tabales v. United Methodist Iglesia Evangelica Church, Index. No. 23095/2012 (Sup.Ct. Bronx Cty. 2015) Numerous inconsistencies in the plaintiff’s testimony led a JAMS Arbitrator to find in favor of the defendant property owner in an action alleging serious injuries from a fall in a darkened stairway behind a boiler room door. Plaintiff had alleged that…

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