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…

By Thomas R. Maeglin, Esq. A customer of a clothing store in a mall slips on a berry and falls. The store does not sell berries, there is no fruit in the area, and no one is seen eating in the vicinity. There is no evidence that the store had actual or constructive notice of…

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…

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…

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…

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…

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…

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…

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…

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.…