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Mr. Steven DiSiervi to Speak at the 2016 CLM Annual Conference

February 26, 2020

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…

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Kamlet on faculty of 2016 Hofstra/NITA Trial Techniques Program

February 26, 2020

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…

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Subrogation plaintiffs obtain reversal in Appellate Division: questions of fact including whether auto dealership negligently performed vehicle recall

February 26, 2020

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…

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Guidance Issued for New York City’s Ban-the-Box Law

February 26, 2020

by Steven M. Berlin, Esq. and Karen Hart, Esq. This is the first full year employers must comply with New York City’s Fair Chance Act (“FCA”), better known as the City’s “Ban-the-Box” law. Near the end of 2015, the City’s Commission on Human Rights released Legal Enforcement Guidance for the sweeping FCA which restricts how…

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Labor Law defendants prevail under homeowners exemption; defendants’ progress checks insufficient to raise issue of fact

February 26, 2020

Castillo v. Kelly, Index No. 67990/2014E (Sup. Ct. Suffolk Cty. May 3, 2016) Click on this link to view additional information in pdf format A Suffolk County Court dismissed all claims against the defendant homeowners asserted by a carpenter who fell from the roof of their property. The claim arose when the plaintiff was cleaning…

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Video surveillance footage proves crucial to defeat all claims against security guards

February 26, 2020

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…

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Statute of limitations bars legal malpractice claim; Court rejects application of continuous representation doctrine

February 26, 2020

Harris v. Wachtel & Missry, LLP and Omid Zareh, P.C., Index No. 605895-2015 (Sup.Ct. Nassau Cty. March 22, 2016) A Nassau County court has dismissed legal malpractice claims where evidence showed the attorney-client relationship had ended more than three years before commencement of the action. Plaintiff sought damages upon multiple theories of malpractice arising out…

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The Location of a Defect is No Longer the Sole Determinant of Liability Under NYC Sidewalk Law According to the New York Court of Appeals

February 26, 2020

By Leonard G. Kamlet, Esq. and John O. Fronce, Esq. An action is commenced against two neighboring property owners whose premises abut a public sidewalk in New York City. The actual location where the plaintiff tripped and fell is on an area of the sidewalk abutting one of the defendant’s property, and not the other.…

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Advocate-witness Rule applies where counsel was privy to information regarding the pertinent underlying transactions: motion to disqualify counsel granted

February 26, 2020

Facie Libre Associates I, LLC v. Littman Krooks, LLP, Index 651064/2013 (Sup. Ct. N.Y. Cty. June 29, 2016) In a legal malpractice action, the Court granted the defendant’s motion to disqualify plaintiff’s attorneys because they would be called to testify as witnesses at trial. Plaintiff commenced the action alleging malpractice in a transaction involving purchase…

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Plaintiff fails to identify a specific asbestos containing product manufactured, delivered, distributed or supplied by the defendant: asbestos injury claim dismissed

February 26, 2020

DeChantal v. Harco, LLC, Index No. 900261/2015 (Sup.Ct. Albany Cty. 2016) A Complaint alleging asbestos injury has been dismissed as against one of numerous defendants where plaintiff failed “to adequately identify a specific asbestos containing product manufactured, delivered, distributed or supplied by the defendant … which exposed the plaintiff to asbestos fibers.” Plaintiff claimed that…

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