By Steven M. Berlin, Esq. and Michael Goldwasser Effective this New Year, the growing community of New Brunswick, in the central part of New Jersey near Edison and Woodbridge, enacted its own paid sick leave ordinance with the aim of reducing public and private health care costs, promoting preventative health care and preventing opportunities for…

Hutchinson v. Sheridan Hill House Corp., __ N.Y.3d __ (October 20, 2015) After almost twenty years, the New York Court of Appeals has revisited the trivial defect defense. Rather that break new ground, the Court reinforced its holdings in the seminal trivial defect case, Trincere v. County of Suffolk, 90 N.Y.2d 976 (1997). The Court…

By James E. Kimmel, Esq. In an important decision on the discoverability of information posted to social media the Appellate Division, First Department, reversed a lower court order directing production of certain information from a Facebook account. However, a dissent may portend a future re-examination of the Court’s decisions in this area. In Forman v.…

The New York Metro issue of Super Lawyers, published by Thomson Reuters, has again honored Abrams Gorelick partners. Michael E. Gorelick was named a “Super Lawyer” for his work in Insurance Coverage and Glenn A. Jacobson a “Super Lawyer” for his work in Personal Injury Defense: General. Steven DiSiervi was honored for the second time…

By James E. Kimmel With millennials and others young at heart leading the way, ride sharing programs have become a 21st century success story. With Zipcar, now a subsidiary of Avis Budget Group, starting the movement in the early 2000s, other major players such as Hertz Corp., Enterprise Holdings and Daimler AG have made forays…

Virgulak v. Neal, et al., Index No. 22357/2013E (Sup.Ct. Bronx Cty. October 3, 2016) A Bronx motion court granted summary judgment dismissing claims against drivers of vehicles who were allegedly involved in the plaintiff’s decedent’s motorcycle accident. Plaintiff’s decedent was operating a motorcycle on the northbound side of the Henry Hudson Parkway in New York…

Two New Jersey Assemblymen, Messrs. Reed Gusciora and Timothy J. Eustace, have proposed a bill to the state legislature which would have a significant impact on insurers’ extra-contractual exposure. Bill A-4382 proposes to provide insureds with a private cause of action against insurers for unfair settlement claims practices in violation of New Jersey Statute 17:29B-4,…

Farley v. Gilbane Building Company, Index No. 18178/2008 (Sup.Ct. Kings Cty. 2013) In a 47-page decision, the Honorable Richard Velasquez dismissed claims against an electrical contractor in a personal injury action brought by a security guard. The plaintiff worked for 21 months at the site of a construction project, where she made hourly security walk-throughs.…

Utica Mutual Insurance Company & Co., v. Style Management Associates Corp., et al., __ N.Y.3d ___; 2016 NY Slip Op 07046 (October 27, 2016) New York’s highest court reversed an intermediate appellate decision and denied summary judgment to a defendant contractor where it found “triable issues of fact exist as to the nature of the…

Doron Avgush v. Jerry Fontan, Inc. and Gerardo Fontan, Index No. 20734/2012E (Sup.Ct. Bronx Cty. August 29, 2016) Plaintiff was rear-ended while driving on the Sawmill River Parkway in September 2011 and commenced an action for personal injuries, alleging spasmodic dysphonia, tongue dystonia and torticollis resulting in permanent loss of vocal cords and/or speech, as…