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.…

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…

Joseph 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…

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…

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…

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…

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…

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…