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Helpful Steps to Avoid a Contested Probate Proceeding

April 4, 2019 • Posted By • Trusts and Estates

On March 8, 2019, the New York Law Journal published C. Raymond Radigan and Lois Bladykas’ article “Plan to Avoid a Contest.” The article is the first part in a series of articles concerning contested probate proceedings in Surrogate’s Court. “Plan to Avoid a Contest” addresses the extra steps that should be considered by an estate planning attorney to avoid a contested Will proceeding.  

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Breeze National, Inc v. Century Surety Company

April 4, 2019 • Posted By • News

Breeze National, Inc v. Century Surety Company N.Y.L.J.  – March 28, 2019             The First Department recently affirmed an Order by Judge George Silver that had granted Breeze’s motion for declaration that Century was obligated to provide insurance coverage to Breeze in the underlying wrongful death action.  Our firm had represented Breeze in the underlying action, which, for Breeze, was successfully resolved in 2018.  (The decedent had been a Breeze employee who fell through a window opening, which we maintained had been negligently left unprotected). Read More

Plaintiff Failed to Raise a Triable Issue of Fact in Wrongful Death Action: Second Department Reverses Lower Court’s Decision

March 28, 2019 • Posted By • Risk Managment

ANTHONY M. PERRELLI, ETC. v. ARMANDOE EVANGELISTA N.Y.L.J – March 15, 2019 This is an action to recover damages for wrongful death. Armandoe Evangelista appealed from an order of the Supreme Court of Queens County denying motion for summary judgment in Evangelista’s favor. The Second Department reversed the Lower Court’s decision and granted Evangelista’s motion for summary judgement dismissing the complaint.  Read More

“COME ON EILEEN” LIABILITY UNDER LABOR LAW SECTIONS 240(1) AND 241(6) CANNOT ATTACH TO A TENANT THAT DOES NOT CONTRACT FOR OR DIRECT WORK.

March 27, 2019 • Posted By • Construction Claims

Rizzo v. 165 Eileen Way, LLC  169 A.D.3d 943, 94 N.Y.S.3d 157 (2nd Dept. 2019)  This action was brought by plaintiff for injuries he sustained in a fall from a scaffold while hanging sheetrock to soundproof a wall between a law office and a sports facility, 165 Eileen Way Sports, LLC (“Sports”). After construction of Sports’ facility was completed, the neighboring law office complained to the building owner, 165 Eileen Way LLC (“Owner”), that noise from the facility was disruptive to its business. The Owner rehired the contractor that built Sports’ facility, Rosner Construction LLC (“Rosner”), to soundproof the wall, which was done on Sport’s side. Rosner subcontracted the work to plaintiff’s employer, and it was during this work plaintiff was injured.    

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