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…

Shapiro v. Goldman, No. 16-3097-CV, 2017 WL 3635517 (2d Cir. Aug. 24, 2017) Citing a “thorough opinion of the district court”, the United States Court of Appeals for the Second Circuit affirmed a judgment dismissing claims against an insurance industry trade association. Plaintiff is a radiologist named in a federal indictment alleging a conspiracy to…

by Glenn A. Jacobson, Esq & Mark I. Binsky, Esq In the aftermath of Hurricane Harvey, property claims professionals are or shortly will be overwhelmed with building claims arising from Hurricane Irma. In many instances, it will be difficult to determine whether the damages are covered or excluded under Florida law. As we saw with…