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…

915 2nd Pub, Inc. v QBE Ins. Corp., __ A.D.3d __, 2017 NY Slip Op 00019 (1st Dep’t 2017) Plaintiff’s property insurance policy contained terms requiring the insured to “do everything necessary to secure” and “do nothing after loss to impair” the defendant insurer’s subrogation rights. A unanimous Appellate Division panel found that the plaintiff…

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…

by Thomas R. Maeglin An issue that has generated a range of results in courts across New York – who has the burden of establishing prejudice caused by a late notice of claim against a public corporation – has been definitively addressed by the New York Court of Appeals, and the answer is, both. The…

Gargiulo-Sejfijaj v. Garbo Lobster; Aquino v. Kang, Index No. 281/2015 (Sup.Ct. Putnam Cty. 2017) Four vehicles collided end-to-end on the Whitestone Bridge, and in the resulting personal injury actions, the Court imposed liability on the second and the last vehicle in a set of motions for summary judgment. The accident occurred when the first in…

New York courts have consistently barred insureds from instituting private causes of action under New York’s unfair claims practices statutes, specifically Insurance Law §2601: Unfair Claim Settlement Practices and NY Insurance Regulation §216: Unfair Claims Settlement Practices. See Rocanova v. Equitable Life Assur. Soc’y, 83 N.Y.2d 603 (N.Y. 1994). Rather, the courts have held that…

by Thomas R. Maeglin New York Labor Law practitioners will have food for thought in a 4-3 decision of the New York Court of Appeals, O’Brien v Port Auth. of N.Y. & N.J., __ N.Y.3d __, 2017 NY Slip Op 02466 (March 30, 2017). The majority decision found triable issues of fact in a Labor…