August 16, 2017 • Posted By Bolam Kim • Insurance Coverage
Shari Scott v. North Bellmore Public School District a/k/a Board of Education of Union Free School District No. 4, Index No. 605609/2014, Decided on August 2, 2017
The Appellate Division, Second Department recently affirmed the lower court’s ruling which denied the defendant’s motion for summary judgment. Read More
August 4, 2017 • Posted By Joseph A. French • Insurance Coverage
The Second Department recently reversed a Suffolk County Judge’s denial of summary judgment to the defendant.
Plaintiff claimed he slipped on black ice in the exterior dumpster area of a residential complex. Plaintiff had testified precipitation had fallen before her fall, and she had not seen the alleged icy condition before or after she fell. Read More
August 1, 2017 • Posted By Douglas Rosenzweig • News
Litigation Partner Douglas Rosenzweig was pleased to attend the Annual Meeting of the National Association of Railroad Trial Counsel (“NARTC”) held in Chicago, Illinois from July 24th to the 26th. Read More
July 31, 2017 • Posted By Joseph A. French • Insurance Coverage
In 2012, plaintiff-decedent was walking from the 12th hole tee to the 13th hole tee at the Eisenhower Park Golf Course. While walking he allegedly tripped on a sprinkler valve in a grass-covered hole. Plaintiff-decedent fell to the ground, and sustained mortal injuries. Defendant raised a primary assumption of the risk defense in light of the decedent’s wrongful death claims. Read More
July 19, 2017 • Posted By Joseph A. French • Insurance Coverage
The defendant deli appealed an adverse summary judgment decision to the Second Department. The Appellate Court reversed the Order, and awarded summary judgment to the deli.
The plaintiff was a customer in the deli, and while walking inside the deli, he allegedly fell through an interior open trap door. A deli employee allegedly left it open. Read More
July 19, 2017 • Posted By Joseph A. French • Insurance Coverage
The First Department recently affirmed a lower Court’s decision awarding summary judgment to the defendant. Read More
July 19, 2017 • Posted By Joseph A. French • Complex Litigation
The City appealed a Bronx Supreme Court Order that denied the City’s motion to compel discovery.
Following an execution of a search warrant plaintiff alleged he had been wrongfully arrested and prosecuted. At his deposition, he denied using aliases or nicknames. Issues developed over certain Facebook pages attributable to person using the name “Moe” or which incorporated “Moe” into other names, e.g., “Moejobrim Moejo”. Plaintiff did not deny he was the account holder for the “Moe” Facebook pages. Read More
May 11, 2017 • Posted By Joseph A. French • Trusts and Estates
The issue of hearsay in summary judgment motions is an issue that the practitioner should be ever vigilant about when drafting and opposing summary judgment motions.
Plaintiff’s motion for summary judgment was granted, and she was declared the sole beneficiary of the life insurance policy at issue. Plaintiff was the sister of a man who had entered into a Stipulation of Settlement regarding the marital estate he had with the defendant. The policy was not mentioned in the Stipulation of Settlement, and plaintiff’s brother died before the judgment of divorce was entered. Read More
May 1, 2017 • Posted By Joseph A. French • Construction Claims, Insurance Coverage
Plaintiff filed suit against Northern Steel alleging various Labor Law claims. He claimed he fell from the top of a scissor lift at a work site Northern Steel owned. A demolition worker, plaintiff claimed a ceiling beam fell toward him. When he stepped out of the way, he fell off the scissor lift. Plaintiff argued the beam should have been secured, and the failure to secure it caused his fall and injuries. The Lower Court agreed and granted summary judgment to the plaintiff. Read More
April 28, 2017 • Posted By Maggie McGannon • Insurance Coverage
In this personal injury action grounded in premises liability, plaintiff alleged that as she exited defendant’s store she fell while pushing a heavily laden shopping cart. She argued that the slope of the store’s exit ramp “was unreasonably steep and unsafe and caused her to fall.” The Appellate Division affirmed the Supreme Court’s grant of summary judgment to defendant and the denial of the plaintiff’s cross motion for leave to supplement or to amend her bill of particulars. Read More
