Schumacher v. Antiquorum USA, Inc., NY Slip Op. (Sup.Ct. N.Y.Cty. 2016) Video surveillance footage ruled out the possibility of a triable issue of fact, and a Supreme Court Justice therefore dismissed all claims against two security guards upon motion for summary judgment. Plaintiff claimed he was injured after the Board of Directors of the corporate…

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…

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,…

Steven DiSiervi, Attorney, Abrams, Gorelick, Friedman & Jacobson, LLP, will speak at the CLM Annual Conference, which will be held at the Hilton Orlando Bonnet Creek, April 6-8. His session is titled, “Alternative Dispute Resolution – Ethical Considerations of Mediation.” Mr. DiSiervi’s practice concentrates on handling and trying complex products liability, construction/labor law, general liability…

Utica Mutual Insurance Company v. Ford Motor Company, et al., __ A.D.3d __ (2nd Dep’t May 4, 2016) A motion court erred in granting the defendant auto dealership’s motion for summary judgment, as there existed questions of fact concerning its negligence in carrying out an automaker’s recall, and the Appellate Division, Second Department, reversed the…

In April, Abrams Gorelick partner Leonard G. Kamlet continued his long-time participation on the faculty of the Hofstra Law School/NITA Trial Techniques Program, which provides intensive professional training to law students as well as young lawyers. He has served for many years during the final mock jury trials. Len commented after the recent conclusion of…

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…

By Steven M. Berlin, Esq. and Karen Hart, Esq. The New Year started off in New Jersey with final regulations intended to clarify the Opportunity to Compete Act (OTCA), better known as New Jersey’s “Ban-the-Box” law. The regulations were released on December 7, 2015 by the New Jersey Department of Labor and Workforce Development. OTCA…

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…

VGFC Realty II, LLC v. D’Angelo, et al., Index No. 28211/2011 (Sup.Ct. Queens Cty. February 2, 2016) A Queens Court granted a defendant’s motion for summary judgment, declaring that the insurer does not have a duty to defend or indemnify named insured property lessee in an underlying lawsuit. The action concerned claims for insurance coverage…