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…

U.S.A. Design, Inc. v. Joseph Sitt, et al., Supreme Court, NewYork County, October 27, 2010 In an action arising from a real estate investment, plaintiffs’ claims against the defendant law firm to recover the investment vehicle were dismissed for lack of standing and failure to state a cause of action. Abrams Gorelick member Barry Jacobs…

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…

Recharde Hospedales v. “John Doe” a/k/a Danilo G. Perdomo, Supreme Court, Appellate Division, First Department, December 14, 2010 The Appellate Division of the New York Supreme Court affirmed a Bronx Supreme Court decision granting summary judgment against a plaintiff who had allegedly been injured by the defendant automobile driver. Abrams Gorelick associate Dennis Monaco represented…

Pujols-Duarte v. Provenzano, Index No. 301773/2013 (Sup.Ct. Bronx Cty. June 29, 2015) Plaintiff failed to demonstrate a ‘serious injury’ under Insurance Law sections 5102(d) and 5104(a), leading the Court to grant the defendant’s motion for summary judgment dismissing the Complaint in this auto collision case. Plaintiff submitted two physicians’ reports in opposition to defendant’s motion,…

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…

Abrams Gorelick has released a Whitepaper discussing issues of concern in Superstorm Sandy-related insurance claims. The 20-page paper addresses multiple topics, including causation by wind or water; business interruption claims following disasters; Anti-concurrent Causation Clauses (ACCC); exclusions in commercial property policies relevant to wind and water claims; and tips for avoiding claims in New York…