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…

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…

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 & 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…

Virgulak v. Neal, et al., Index No. 22357/2013E (Sup.Ct. Bronx Cty. October 3, 2016) A Bronx motion court granted summary judgment dismissing claims against drivers of vehicles who were allegedly involved in the plaintiff’s decedent’s motorcycle accident. Plaintiff’s decedent was operating a motorcycle on the northbound side of the Henry Hudson Parkway in New York…

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 M. Berlin appeared with group of legal and insurance industry experts at the FOJP Insurance Risk Management Advisory Services team seminar “Managing Your Organization’s Workers’ Compensation Program” on October 19, 2016. The panel addressed a variety of topics related to Workers Compensation program management, such as understanding and navigating the intersection of the ADA,…

William Romero v. Waterfront N.Y., et al, 19852/2009 ((Sup.Ct. Kings Cty. 2016) In a twenty-seven page decision, Justice David B. Vaughan granted summary judgment, dismissing a personal injury Complaint by an elevator operator, in its entirety. Plaintiff sustained substantial injuries to his foot and ankle in a freight elevator in a building owned by, or…

Abrams Gorelick partner Glenn A. Jacobson and other members of the Harmonie Group and Canadian Litigation Counsel conducted a seminar exploring US and Canadian perspectives on new developments in products liability law and damages at the Old Library at Lloyd’s of London on November 2, 2016. Jacobson’s presentation focused on uses of the Examination Under…