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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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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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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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Congratulations to 2018 New York Metro Area Super Lawyers

February 26, 2020
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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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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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“Arising out of” and “caused by” endorsements both apply and both additional insured policies provide primary coverage; Additional insured coverage owed by defendant insurers for Labor Law matter

February 26, 2020

Church Mut. Ins. Co. v. Endurance American Specialty Ins. Co., 2017 WL 2335770 (Sup.Ct. N.Y. Cty. May 18, 2017) Click on this link to view additional information in pdf format Insurers of a contractor and its subcontractor must defend a building owner as an additional insured in an underlying personal injury action and reimburse the…

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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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Motion for Stay of Arbitration denied based upon lack of jurisdiction and lack of coverage

February 26, 2020

In the Matter of the Application of Travelers Home and Marine Insurance Company, Index No. 613290/2017 (Sup. Ct. Nassau Cty. April 19, 2018) The Abrams Gorelick Motor Vehicle Liability team defeated a motion in the Supreme Court, Nassau County, for a stay of arbitration proceedings. The Court denied plaintiffs’ motion based on both lack of…

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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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