Newswire

Newswire

border-bottom-line-min

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…

Read More

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…

Read More

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…

Read More

Plaintiff’s case is a few berries short of a pie: court rejects expansion of New Jersey’s ‘mode-of-operation’ rule

February 26, 2020

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…

Read More

Berlin on faculty of October seminars

February 26, 2020

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,…

Read More

Defects and shortcomings in submissions from plaintiff’s chiropractor; Summary Judgment granted for defendant on serious injury threshold

February 26, 2020

Thomas v. Crittenden, 2016 WL 6138392 (Sup.Ct. Bronx Cty. 2016) A Bronx court has granted defendant’s motion for summary judgment dismissing Plaintiff’s complaint for failure to satisfy the serious injury threshold under Insurance Law section 5102(d), based upon defendant’s Neurologist’s neurological examination and a report on an MRI of the lumbar spine. Defendant successfully argued…

Read More

Interior gate not required for freight elevator under Code in 1923; Court dismisses Complaint for injuries suffered on manually operated freight elevator

February 26, 2020

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…

Read More

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…

Read More

No serious injury says unanimous Bronx jury

February 26, 2020

Segundo M. Rodriguez v. Erasmo M. Pichardo and Alfredo Reynoso, Index No. 310663/2008 (Sup. Ct. Bronx Cty. 2013) A Bronx jury rendered a unanimous verdict in favor of the defendant driver, finding that the plaintiff did not sustain a “serious injury” as defined by New York State Law. The action arose from an accident that…

Read More

Defendant/Third-party Plaintiff’s default deemed admission of negligence fatal to third-party claim

February 26, 2020

Augustin Paez v. 1610 Saint Nicholas Avenue, L.P. et al., Supreme Court, New York County, Index No. 117172/2009 (April 16, 2013) A New York County Justice has dismissed a Third-party claim for contractual indemnification where the Defendant/Third-party Plaintiff’s default established that it had been negligent. In a bodily injury case resulting from a slip and…

Read More