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. Read More
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
April 4, 2019 Posted By News
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
March 28, 2019 Posted By Risk Managment
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. Read More
A local man fell down a rustic set of steps on his way to his favorite fly-fishing hole, but is the city liable?
“‘[N]o civil action shall be maintained’ against defendant Village of Pulaski for personal injuries sustained as a result of a defect in ‘any street, highway, bridge, culvert, sidewalk, or crosswalk’ unless prior written notice of the alleged defect is provided to the Village.” Village of Pulaski Code §122-14. This is a common example of a prior written notice law, intended to protect city and village governments.
Here, Hinton fell down what he alleged was a negligently maintained staircase, but he failed to plead or prove the Village received prior written notice of a defect in the staircase. The Village moved for summary judgement and it was granted. The issue is whether the Village of Pulaski’s prior written notice law encompasses this staircase?
Though the statute does not expressly mention stairways, these prior written notice statutes have been expanded to include them based on the “functional equivalence” test from Woodson v City of New York, 93 N.Y.2d 936, 937 (1999). Essentially, if the stairway functionally fulfills the same purpose as a roadway or sidewalk, then it will fall under the prior written notice statute.
Despite the dissent’s impassioned call for stricter interpretation of the plain meaning of the statute, the majority sided with precedence and stare decisis, citing the lack of an “extraordinary and compelling justification” that would be required to overturn precedents. The standalone set of stairs, despite being unconnected to a sidewalk, were covered by the statute. Read More
March 21, 2019 Posted By Risk Managment
Disanto v. Spahiu
N.Y.L.J. – February 22, 2019 Read More
March 15, 2019 Posted By Insurance Coverage
February 28, 2019 Posted By Joseph French Complex Litigation
Fitzsimons, et al. v. Brennan and Marist College
N.Y.L.J. – February 22, 2019 Read More