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,…

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…

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…

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…

Abrams Gorelick partner Michael E. Gorelick attended the 86th Annual Meeting and Mid-Winter Educational Conference of the Loss Executives Association, held in Tampa, Florida. Gorelick said, “I always look forward to the LEA annual meeting where leaders in the field meet and exchange views about whatever is on the cutting edge in the investigation and…

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…