COURT SETS OUT PROCEDURE FOR ATTORNEYS SEEKING TO WITHDRAW FROM CASE Benefield v City of New York, 2006 NY Slip Op 26482 (Supreme Court, Bronx County) (Victor,...
DOES THE "NO PROXIMATE CAUSE" DEFENSE SURVIVE AN UNTIMELY DENIAL? APPELLATE TERM SEEMS TO SAY SO Executive MRI Imaging, P.C. a/a/o Floyd Harden v. New York...
ANIMAL SHELTER NOT LIABLE FOR BITE BY DOG BEING SHOWN FOR ADOPTION; NO PRIOR VICIOUS BEHAVIOR Virginia Claps v. Animal Haven, Inc., 2006 NY Slip Op 08909 (2nd...
"QUALIFYING" IS CONDITION PRECEDENT TO MVAIC'S DUTY TO PAY OR DENY A CLAIM Universal Acupuncture Pain Servs. P.C. a/a/o Jonathan Laul v. MVAIC, 2006 NY Slip Op...
CONTRACTOR WHO LAID RAISED EXPANSION JOINT IN SIDEWALK MAY BE LIABLE TO PEDESTRIAN WHO TRIPS AFTER WORK IS COMPLETE Trano v Federated Dept. Stores, Inc., 2006...
DELIVERY MAN STRUCK BY WIND-BLOWN TRUCK DOOR; NEITHER INDEPENDENT CONTRACTOR NOR TRUCK OWNER ARE LIABLE FOR REMOVING TETHER Walker v First Transit Inc. et al.,...
EMPLOYEE'S SUIT AGAINST LANDLORD FOR ON-THE-JOB INJURY DISMISSED; HAZARD WAS INHERENT IN THE WORK Djinovic v. Equitable Life Assurance Society et al., NYLJ...
COURT HOLDS THAT $850 NO FAULT ATTORNEY FEE APPLIES TO EVERY NF-3 Alpha Chiropractic P.C. a/a/o Stephen Whyte, Victoria Orlando, Maria Reynoso, Leovanny...
ONCE CLAIMANTS USE DISCLAIMER TO COLLECT UM BENEFITS FROM THEIR OWN CARRIER, THEY ARE ESTOPPED FROM CHALLENGING THAT DISCLAIMER State Farm Mut. Auto. Ins. Co....
LAWSUIT BROUGHT IN DISTRICT COURT FOR MORE THAN $15,000 IS VOID Bloom & Krup Appliance Corp. v A.h.c. Appliance Corp, 2003 NY Slip Op 51463(U) (District Court,...
INSURANCE DEFENSE COUNSEL MAY HAVE DUTY TO LOOK FOR EXCESS COVERAGE FOR THE INSURED Shaya B. Pacific LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP,...
911 CALL BY CO-WORKERS CREATES NO SPECIAL RELATIONSHIP WITH CITY; NO LIABILITY FOR AMBULANCE'S LATE ARRIVAL Laratro v City of New York, 2006 NY Slip Op 09661...
POLICE REPORT DOES NOT CONSTITUTE "NOTICE" TO MUNICIPAL CORPORATION State Farm Mut. Auto. Ins. Co. v New York City Tr. Auth., 2006 NY Slip Op 09602 (2D Dept...
SUIT BASED ON CHAIR COLLAPSE IS DISMISSED: PLAINTIFF'S WEIGHT EXCEEDED CHAIR'S WEIGHT LIMIT WARNING ON THE LABEL Charles Kovit v CVS et al., 2006 NY Slip Op...
EVIDENCE OF PLAINTIFF'S PRIOR ACCIDENT CLAIM WAS PREJUDICIAL, REQUIRING NEW TRIAL Kelly et al. v. Ryder Truck Rental, Inc. et al., 2006 NY Slip Op 52467 (U)...
ERECTILE DYSFUNCTION CLAIM FAILS TO STAND UP IN COURT Sheik et al. v. Drah Cab Corp., 2006 NY Slip Op 52499(U) (Supreme Court, Queens County) (Weiss, J.) ...
NO FAULT INSURER IS ENTITLED TO PATIENT'S SOCIAL SECURITY NUMBER BEFORE PAYING OR DENYING BILLS Olympic Chiropractic, P.C. v American Tr. Ins. Co., 2007...
DEFENSE VERDICT FOR DRIVER WHO STRUCK PEDESTRIAN IN CROSSWALK OVERTURNED Larsen v. Spano, 2006 NY Slip Op 10032 (2D Dept 2006) Plaintiff Anna F. Larsen...
INSURER'S FAILURE TO TIMELY DISCLAIM WAIVES ISSUE OF WHETHER LIABILITY ARISES OUT OF INSURED'S OPERATIONS City of New York v Lumbermens Mut. Cas. and Amboy Bus...
IME REPORT CITING "FULL RANGE OF MOTION" IS TOO AMBIGUOUS TO SUPPORT THRESHOLD MOTION Chui Fong Lam v. Spring Scaffolding, Inc., 2006 NYSlipOp 07840 (2d Dept...
EVEN IF CONSTRUCTION DECKING WILL EVENTUALLY BECOME STAIRWAY PLATFORM, IT IS EQUIVALENT OF A LADDER DURING CONSTRUCTION Beharry v Public Stor., Inc., 2007 NY...
WORKER WHO KNEW FORKLIFT HAD DEFECTIVE BRAKES ASSUMED RISK OF INJURY Carrero v. General Fork Lift Co., Inc., 2007 NY Slip Op 00105, (Appellate Division, Second...
PROPERTY OWNER NOT LIABLE FOR COST OF REMOVING FALLEN TREE FROM NEIGHBOR'S YARD IF HE HAD NO NOTICE OF TREE'S DEFECT Premium Point Park Assn. v Lanza, 2007 NY...
POLICY WHICH EXCLUDES COVERAGE FOR ANY ACCIDENT OCCURRING IN NEW YORK STATE IS NOT AMBIGUOUS; TIMELY DISCLAIMER NOT NECESSARY TO AVOID COVERAGE Commercial...
My newest book, Rogak's New York No-Fault Law & Practice, will be available for sale around the end of February 2007. This book is the first complete and...
REAR-END COLLISION DOES NOT NECESSARILY MEAN LIABILITY FOR THE REAR DRIVER Molina v. Ianniello, 2005 NY Slip Op 51719(U) (Supreme Court, Rockland County)...
ClaimSchool Publishes the 120th Issue of "Zalma's Insurance Fraud Letter" On January 1, 2007 ClaimSchool published its 120th issue of "Zalma's Insurance Fraud...
HOLD HARMLESS AGREEMENT MAKES PARTY LIABLE FOR DEFENSE COSTS EVEN IF INDEMNITEE IS NOT NEGLIGENT Lopez v. County of Rockland, 2007 NY Slip Op 27014 (Supreme...
PLAINTIFFS TRY, AND FAIL, TO DISPROVE THAT DEFENDANT WAS THEIR EMPLOYER BY CLAIMING THAT PAYROLL COMPANY WAS THEIR EMPLOYER Thompson v. Avery, 2006 NY Slip Op...
UNLESS COMPARATIVE NEGLIGENCE IS SHOWN, DRIVER WHO PASSES RED TRAFFIC LIGHT IS NEGLIGENT AS A MATTER OF LAW Theron Rucker v. City of New York et al., 2007 WL...
