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…

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…

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…

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…

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.…

Foreman v. Skeif and Foreman, Supreme Court, Bronx County, Index No. 304720/2010, March 27, 2013 A Bronx Court has granted defendant’s motion for summary judgment as to the issue of liability in a motor vehicle collision case. In the motion, the defendant driver established that he was not negligent by submitting evidence that when 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…

McCullum v. New York City Housing Authority, Index No. 25275/2016E (Sup.Ct. Bronx Cty. 2017) Plaintiff could not proceed with an action against the New York City Housing Authority where her notice was provided nine months after her accident, prejudicing defendant, and she failed to provide a reasonable excuse for the delay. Pursuant to Public Housing…