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…

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.…

An article co-authored by Abrams Gorelick Partners Michael E. Gorelick and Alexandra Rigney was published in the Spring 2015 issue of The Journal of American Law. The article, entitled “Preserving the Privilege of Coverage Opinions: How to Prevent a Shield from Becoming a Sword”, examines recent case law interpreting the scope of the attorney-client privilege…

Culqui v. Carrera, UNN-L-4132-13 (N.J. Sup.Ct. April 28, 2015) A New Jersey Court dismissed a Third-party action against a foreign insurer for claims arising out of a motor vehicle accident in New Jersey. The insurer demonstrated that it did not have such “minimum contacts” with the State as to subject itself to the Court’s jurisdiction.…

Jay Swatzburg v. John Golieb, Esq., Supreme Court, New York County, November 4, 2010 Attorneys retained by transactional counsel solely to ghost write a memorandum of law in opposition to a motion to dismiss a petition for dissolution of a corporation could not be liable to the petitioner for damages incurred when the dissolution was…

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).…

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…

Balbuena v. Vasquez, Index. No. 307194/2012 (Sup.Ct. Bronx Cty. 2015) A Bronx Court dismissed an auto collision Complaint, granting summary judgment to the defendants upon a showing that both plaintiffs lacked a “serious injury” required by New York State Insurance Law section 5102(d), sufficient to sustain their claims. In opposition to the motion, plaintiffs submitted…

Carlos Vasquez v. 301 West 111 Owners LLP and 557-561 West 149 LLC and 557 West 149 Corporation, Supreme Court, New York County, October 27, 2010 In a “scaffold law” action brought by an apartment building superintendent against the building owner, Justice Paul Wooten granted the owner’s motion for summary judgment, based upon the owner’s…

Noor v. The City of New York, et al., __ A.D.3d __ (1st Dep’t July 28, 2015) Plaintiff’s expert withheld voluminous documents until his appearance at trial, and the Appellate Division therefore vacated the damage award and remanded for a new trial on damages. Prior to trial, defendants had served plaintiff’s medical expert with a…