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…

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…

By Leonard G. Kamlet, Esq. and Thomas R. Maeglin, Esq. The expert disclosure rules set forth in CPLR 3101(d) have long been an area of confusion and disagreement. Over the past several years the lack of complete clarity of this most important practice rule has spawned a spate of cases concerning the timing of disclosure.…

Travelers Indemnity Co. a/s/o Acme Architectural Products Inc. v. AA Kitchen Cabinet & Stone Supply, Inc. and Mutual Gas & Energy Corp., 2013 NY Slip Op 3322 (2nd Dep’t 2013) The Appellate Division, Second Department, unanimously affirmed an Order which granted Summary Judgment to a tenant in a subrogation action for damage by fire. The…

Abrams, Gorelick, Friedman & Jacobson, LLP is pleased to announce that Dennis Monaco has become a partner, and that Martha Nimmer and Jessica Rabkin have joined the firm as associates. “We are pleased to recognize the many contributions Dennis Monaco has made to the firm and our clients,” said Michael Gorelick, a founding member of…

Sook Hee Park v. Young O. Park and Michael Papadakis, Index No. 310492/2009 (Sup. Ct. Bronx Cty., May 21, 2013) Click on this link to view additional information in pdf format The Honorable Ben R. Barbato issued a Decision and Order granting summary judgment dismissing the Summons and Complaint of the plaintiff on the grounds…

Ross v. Arroyo, Supreme Court, Bronx County, Index No. 309161/2010 A Decision and Order of the Honorable Justice Ben A. Barbato extended a string of successes for Abrams Gorelick Partner Irwin Miller and Associate Dennis Monaco, in cases involving claims of “serious injury” resulting from auto accidents. The Court granted summary judgment holding that the…

Peters v Hernandez, 142 AD3d 980, 2016 NY Slip Op 05983 (2nd Dep’t 2016) An interesting decision from a state appellate court sets limits under the spoliation doctrine regarding the appropriate sanction for losing video evidence. Something more than negligence is needed for a court to strike a pleading when the moving party has not…

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…

Quaker Hills v. Pacific Indemnity, 11-3670 (2nd Cir. Aug. 29, 2013) In a case with potentially far-reaching implications relating to the right to limit property insurance coverage, the United States Court of Appeals for the Second Circuit has certified three questions to the New York Court of Appeals. The case involves a total loss by…