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...
1041
Lawrence Rogak
therogakreport
Jan 3, 2007 3:39 pm
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)...
1042
Lawrence Rogak
therogakreport
Jan 5, 2007 3:47 am
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.) ...
1043
Lawrence Rogak
therogakreport
Jan 5, 2007 9:49 pm
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...
1044
Lawrence Rogak
therogakreport
Jan 9, 2007 4:59 pm
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...
1045
Lawrence Rogak
therogakreport
Jan 10, 2007 6:04 pm
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...
1046
Lawrence Rogak
therogakreport
Jan 12, 2007 1:30 am
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...
1047
Lawrence Rogak
therogakreport
Jan 14, 2007 8:54 pm
EVEN IF CONSTRUCTION DECKING WILL EVENTUALLY BECOME STAIRWAY PLATFORM, IT IS EQUIVALENT OF A LADDER DURING CONSTRUCTION Beharry v Public Stor., Inc., 2007 NY...
1048
Lawrence Rogak
therogakreport
Jan 15, 2007 10:57 pm
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...
1049
Lawrence Rogak
therogakreport
Jan 16, 2007 5:03 pm
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...
1050
Lawrence Rogak
therogakreport
Jan 17, 2007 11:52 pm
POLICY WHICH EXCLUDES COVERAGE FOR ANY ACCIDENT OCCURRING IN NEW YORK STATE IS NOT AMBIGUOUS; TIMELY DISCLAIMER NOT NECESSARY TO AVOID COVERAGE Commercial...
1051
Lawrence Rogak
therogakreport
Jan 18, 2007 12:29 am
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...
1052
Lawrence Rogak
therogakreport
Jan 18, 2007 10:44 pm
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)...
1053
Barry Zalma
bzalma
Jan 19, 2007 1:52 pm
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...
1054
Lawrence Rogak
therogakreport
Jan 19, 2007 8:36 pm
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...
1055
Lawrence Rogak
therogakreport
Jan 23, 2007 4:02 am
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...
1056
Lawrence Rogak
therogakreport
Jan 24, 2007 8:01 pm
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...
1057
Lawrence Rogak
therogakreport
Jan 27, 2007 1:55 pm
NO SUMMARY JUDGMENT WHERE CHILD SLIPPED IN WET VESTIBULE AT SCHOOL ON RAINY DAY Carey v. Babylon Mem. Grade School, 2007 NY Slip Op 50103(U) (Supreme Court,...
1058
Lawrence Rogak
therogakreport
Jan 30, 2007 9:46 pm
NEW YORK AND PENNSYLVANIA RESIDENTS COLLIDE IN CANADA: NEW YORK IS PROPER FORUM FOR SUIT Rohoman v. Khan et al., 2006 NY Slip Op 52545(U) (Supreme Court, ...
1059
Lawrence Rogak
therogakreport
Jan 31, 2007 8:32 pm
PLAINTIFF'S LOSS OF MOTORCYCLE HELMET RESULTS IN STRIKING ALL CLAIMS FOR HEAD INJURIES Scarano v. Bribitzer, 2007 NY Slip Op 50147(U) (Supreme Court, Richmond...
1060
Lawrence Rogak
therogakreport
Feb 1, 2007 5:43 pm
SUIT AGAINST FLORIDA HOTEL DISMISSED BASED ON LACK OF CONNECTIONS WITH NEW YORK Tese-Milner v. Ad EFX Promotions Inc., 06 Civ. 1630 (USDC - SDNY) (Cote, j) ...
1061
Lawrence Rogak
therogakreport
Feb 2, 2007 12:24 am
RELATIVES WHO LIVE IN HOUSE FULL-TIME WHILE OWNERS LIVE THERE PART TIME MIGHT BE MEMBERS OF HOUSEHOLD; TRIAL REQUIRED Auerbach v. Otsego Mut. Fire Ins. Co.,...
1062
Lawrence Rogak
therogakreport
Feb 3, 2007 11:16 pm
TYPE SIZE IN AUTO POLICY CANCELLATION NOTICE IS AN ISSUE IN PETITION TO STAY UM ARBITRATION Matter of AutoOne Ins. Co. v. Santos, NYLJ 2/02/07 (Supreme Court, ...
1063
Lawrence Rogak
therogakreport
Feb 5, 2007 6:36 pm
LACK OF PRIMA FACIE CASE CAN BE RAISED FOR FIRST TIME ON APPEAL Bath Med. Supply Inc. a/a/o Astrid Yolima Villa v. Deerbrook Ins. Co., 2007 NYSlipOp 50179(U) ...
1064
Barry Zalma
bzalma
Feb 6, 2007 7:32 am
Friends: I am proud to announce the publication of the first issue of the eleventh year of Zalma's Insurance Fraud Letter that I posted to my site at...
1065
Lawrence Rogak
therogakreport
Feb 7, 2007 11:50 pm
ELDERLY PASSENGER FALLS WHILE EXITING BUS & BLAME'S DRIVER'S FAILURE TO USE "KNEELING"; MECHANISM Condispoti v. N.Y.C. Transit Authority, NYLJ 2/07/07 (Index...
1066
suesarkis@...
suesarkis2001
Feb 9, 2007 1:21 am
Larry - This is the very first time I have not agree with your position. Shame on you. Or is it, shame on me? For starters, I do not find a close...
1067
Lawrence Rogak
therogakreport
Feb 9, 2007 1:37 am
HEALTH INSURER CANNOT TAKE PART OF PLAINTIFF'S SETTLEMENT MONEY; MUST SUE TORTFEASOR Russo v. Wakefern Food Corp., NYLJ 2/08/07 (Index no. 5564/04) (Supreme...
1068
Mcdclaims@...
mcdclaims1
Feb 9, 2007 2:35 pm
Wow...Now health insurance companies and casualty companies will be duking it out in the court system while the claimant/insured sits back and watches the ...
1069
Lawrence Rogak
therogakreport
Feb 11, 2007 5:56 pm
COP CAR ON EMERGENCY CALL MAY NOT BE LIABLE FOR HITTING OTHER VEHICLE IN THE REAR Allstate Ins. Co. a/a/o Orville Austin v. City of New York, 2007 NY Slip Op...
