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.”…

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…

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…