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Jacobson elected President of the Harmonie Group

February 26, 2020

Abrams Gorelick founding partner Glenn A. Jacobson became President-elect of the Harmonie Group for a two-year term beginning January 2013. John Lund, a partner with the firm of Snow, Christensen & Martineau of Salt Lake City, Utah, began his term as President. The Harmonie Group is a national network of elite and vetted law firms…

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Three-year delay in rejecting tender invalidates disclaimer based upon “Intra-Insured” exclusion

February 26, 2020

QBE Insurance Corporation, et al. v. Public Service Mutual Insurance Company, et al. (Appellate Division, First Department, Jan. 8, 2013) Click on this link to view additional information in pdf format A unanimous Appellate Division reversed a lower court decision and held that the defendant insurer has duty to defend and indemnify its additional insured…

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New Jersey High Court Finds Limit to Flood Coverage for Sandy Damage

February 26, 2020

Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company, ___ N.J. ___ (A-85-15) (077617) (May 25, 2017) The New Jersey Supreme Court rejected an insurance policyholder’s interpretation of a property insurance policy’s limiting language and its position that “any policyholder not involved in the insurance industry is an unsophisticated policyholder”, and it enforced…

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Landlord not an additional insured for property damage under tenant’s policy: Court grants summary judgment to insurer

February 26, 2020

Cog-Net Building Corp. v. The Travelers Indemnity Company, and Russo Picciurro Maloy, LLC d/b/a RPM Insurance Agency, Index 100587/2010 (Sup.Ct. Richmond Cty. May 22, 2013) Justice Joseph J. Maltese granted motions for summary judgment by a defendant insurer and a co-defendant insurance broker in an action by a landlord under a commercial package insurance policy…

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Legislation Proposed to Ban Anti-Concurrent Causation Clauses in New York

February 26, 2020

Anti-concurrent causation clauses are currently valid and enforceable in New York. While there is scant case law analyzing ACC clauses in the context of Superstorm Sandy (given that New York has been spared, for the most part, a catastrophic hurricane-like event until Sandy), New York Courts have upheld such clauses in the context of other…

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Speculation that defendant was speeding not sufficient to raise question of fact on liability where plaintiff made left-hand turn across path of oncoming vehicle

February 26, 2020

Millers-Francisco v. Abreu, Index No. 300717/2016 (Sup.Ct. Bronx Cty. 2018) A Bronx Court granted summary judgment on liability to the defendant driver, dismissing the Complaint, over plaintiff’s opposition speculating that defendant might have been speeding. Plaintiff was allegedly injured in a collision that occurred when plaintiff made a left-hand turn into defendant’s lane. At the…

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Abrams Gorelick obtains summary judgment in favor of defendant tenant in trip-and-fall case

February 26, 2020

Kessler v. Chelsea Papaya, Inc. and 23rd West Associates, Inc., Supreme Court, New York County, June 22, 2010 Abrams Gorelick’s Jessica Napoli won summary judgment on behalf of the client, a commercial tenant, in front of whose premises plaintiff allegedly was injured. The Court agreed that the tenant did not have a duty to maintain…

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Plaintiff concedes the case upon hearing Abrams Gorelick present oral argument on behalf of defendant law firm and partner

February 26, 2020

Castro v. Thompson et al., Supreme Court, New York County, June 3, 2010 In a dramatic turn of events, Barry Jacobs and associate Shari Sckolnick obtained dismissal of a legal malpractice claims against the defendant law firm. An underlying divorce action had involved the appointment of a partner of the firm—not the firm itself—as a…

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Employer not liable to girlfriend of shooter/employee where there was no showing of duty, proximate cause

February 26, 2020

Maldonado v. Hunts Point Cooperative, Supreme Court, Bronx County, June 29, 2010 The Bronx County Supreme Court found in favor of Abrams Gorelick’s client in a negligent hiring, supervision, training and entrustment case, dismissing plaintiffs’ claims on motion for summary judgment. The action, handled by Steven DiSiervi and associate Alexandra Rigney, involved defendant’s security guard,…

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Abrams Gorelick wins pre-discovery Summary Judgment in products liability case in U.S. District Court for the Southern District of New York; Complaint dismissed in its entirety on procedural grounds

February 26, 2020

Brandon Steiner v. Anbrook Industries, Ltd., et al, (S.D.N.Y. April 4, 2018) In an Opinion and Order dated April 4, 2018, Judge Katherine B. Forrest, U.S. District Court Judge for the Southern District of New York, granted summary judgment to the defendants and dismissed the plaintiff’s Complaint in its entirety in Brandon Steiner v. Anbrook…

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