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…

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,…

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…

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…

Nancly 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…

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…

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…

We 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…

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…

915 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…