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…

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…

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…

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…

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…

by Glenn A. Jacobson, Esq & Mark I. Binsky, Esq In the aftermath of Hurricane Harvey, property claims professionals are or shortly will be overwhelmed with building claims arising from Hurricane Irma. In many instances, it will be difficult to determine whether the damages are covered or excluded under Florida law. As we saw with…

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…

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…

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…