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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…

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…

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…

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…

New Jersey Bill A-4382 seeks to provide insureds with a private cause of action against insurers for unfair settlement claims practices.

February 26, 2020

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,…

Noseworthy doctrine applies, but Bronx Court still finds for defendants in motorcycle fatality

February 26, 2020

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…

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…

Contention that contractor created dangerous condition “far too speculative”; court dismisses direct claim and third-party complaint

February 26, 2020

Farley v. Gilbane Building Company, Index No. 18178/2008 (Sup.Ct. Kings Cty. 2013) In a 47-page decision, the Honorable Richard Velasquez dismissed claims against an electrical contractor in a personal injury action brought by a security guard. The plaintiff worked for 21 months at the site of a construction project, where she made hourly security walk-throughs.…

Court of Appeals holds contractor defendant to building permit application; name on permit application and threat to withdraw permit bar summary judgment

February 26, 2020

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…

Products liability law and damages seminar in London features Jacobson

February 26, 2020

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…