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Final Regulations Issued for New Jersey’s Ban-the-Box Law

February 26, 2020

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…

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Abrams Gorelick thrice honored by Super Lawyers

February 26, 2020

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…

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Defendants granted summary judgment in claim for permanent loss of vocal cords and speech from auto accident

February 26, 2020

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…

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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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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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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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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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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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Rise of the Car Sharing Programs: Recommendations for an Expanding Industry

February 26, 2020

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…

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LLC’s managing member was aware of accident, ambulance, hospitalization; no excuse for one-year delay in providing notice to insurer under common law ‘no-prejudice’ rule

February 26, 2020

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…

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