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Title III ADA accessibility claim dismissed on summary judgment: plaintiff lacked standing and failed to meet burden of proof

February 26, 2020

Fredkiey Hurley v. Tozzer, Ltd. d/b/a “Niagara”, 15-cv-02785 (S.D.N.Y. ___ 2018) Steven DiSiervi, Esq. was recently successful in obtaining a rarely granted summary judgment on behalf of a defendant in a Title III ADA accessibility claim. The plaintiff, Fredkiey Hurley, who is wheelchair bound and involved in over 30 ADA claims, visited Niagara bar in…

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Two victories for Abrams Gorelick auto liability defense team

February 26, 2020

Sanchez, et al. v. Mariolis, et al., Index 300999/2013 (Sup.Ct. Bronx Cty. Feb. 13, 2018); Hernandez et al. v. Abreu , Index 158716/2013 (Sup.Ct. New York Cty. Jan. 25, 2018) The Abrams Gorelick auto liability defense team racked up a pair of victories in January and February. In a case involving a rear-end collision, the…

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Allocation of settlement and defense fees between Employers Liability and Umbrella Excess policies improper where unlimited Employers Liability coverage available

February 26, 2020

QBE v. Zurich, Index No. 159020/2013 (Sup.Ct. N.Y. Cty. September 7, 2017) Terms of an unlimited Employers Liability insurance policy and an Umbrella Excess policy required payment of the entire amount of settlement for an employee’s wrongful death claim, as well as defense expenses, out of the Employers Liability policy. So held the Supreme Court,…

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Plaintiff working outside of protections of Labor Law; Court dismisses 240, 241 and 200 claims

February 26, 2020

Edgardo DeGracia v. Hunts Point Terminal Market, Inc. and The City of New York, 309998/2011 (Sup.Ct. Bronx Cty. 2018) The plaintiff was working for a fruit and vegetable vendor and needed to stock display racks with fruits. To obtain the produce inventoried high off of the ground, plaintiff stood on a pallet that was raised…

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Court rejects novel, but meritless, standing/capacity argument on motion to dismiss Underwriters’ Complaint in declaratory judgment action

February 26, 2020

Certain Underwriters at Lloyd’s, London v. Better Hope Holdings, LLC, et al., Index no.: 160794/2017 (Sup. Ct. NY Cty. 2018) Does New York General Associations Law require Underwriters at Lloyd’s, London to file a certificate of designation with the New York Secretary of State? That was the issue presented when defendants sought dismissal of a…

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New York Court of Appeals Expands Permissible Discovery of Social Media Accounts

February 26, 2020

by Glenn A. Jacobson, Esq & Barry Jacobs, Esq The Court of Appeals provided guidance in its unanimous decision in Kelly Forman v. Mark Henkin, decided on February 13, 2018 that reversed the decision of a divided Appellate Division, First Department. Now, under Forman, plaintiff must produce (1) all photographs of herself posted on Facebook…

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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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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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Pro se Plaintiff Strikes Out: Court dismisses case in its entirety and denies leave to amend the Complaint further on motions to dismiss the Amended Complaint

February 26, 2020

Mohammed Keita v. Bank of America, N.A., QBE First Insurance, and AIG Insurance (Civil Action No.: 1:17-CV-880 (ENV)(SLT)) (E.D.N.Y. August 21, 2018) The action was one of at least 16 commenced by this pro se plaintiff, an “incessant filer of claims”, in the Southern District alone, naming various insurers, agents, banks and others as defendants.…

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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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