Newswire
Newswire
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 MoreThomas 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 MoreNancly Jean-Pierre v. Roderick Crawford, Index No. 308139/2012 (Sup.Ct. Bronx Cty. October 4, 2013) Purported service of process at a location in the Bronx, nearly three years after a traffic accident, was improper, where the defendant established he was, in fact, a resident of Brooklyn. Acting Supreme Court Justice Julia I. Rodriguez dismissed the Complaint…
Read MoreQuaker 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…
Read MorePeters 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…
Read MoreWe are pleased to announce that James M. Brown, Esq., has joined Abrams Gorelick. Mr. Brown joins the Construction Law, General Liability, and Products Liability groups. Mr. Brown has extensive experience in the construction law field, focusing on the application of New York’s Labor Law as it applies to owners, general contractors, construction managers, and…
Read MoreSook 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…
Read More915 2nd Pub Inc. d/b/a Thady Con’s Bar & Restaurant, et al. v. QBE Insurance Corporation, 2013 NY Slip Op 04748 (1st Dep’t 2013) A single notation in a claim file that an expert’s report was sent to plaintiffs’ prior counsel is insufficient to show waiver of privilege over an appraisal report prepared by an…
Read MoreJoseph v. Emmis Communications d/b/a Hot 97.1 FM, et al., Index No. 20843/2010 (Sup. Ct. Bronx Ct. April 19, 2013) Plaintiff’s reference to deposition testimony concerning building violations was not sufficient to raise a triable issue of fact, held a Bronx Court. The defendant moved for summary judgment upon its defense that, as an out-of-possession…
Read MoreRoss 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…
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