Friends, the July issue of Zalma's Insurance Fraud Letter and it's editorial call for taking fraud seriously and that every insurer should tell insureds or...
SALVAGE YARD'S "PULL YOUR OWN PARTS" EXCLUSION APPLIES ONLY TO CUSTOMERS Essex Insurance Company v. Roy L. Pingley and Brim Recyclers, Inc., et al., 2007 NY...
IN NEW YORK CITY, HALF-INCH DIFFERENCE BETWEEN SIDEWALK SLABS TRUMPS "TRIVIAL DEFECT" DOCTRINE, IMPOSES LIABILITY Moore v. Newport Associates LP, NYLJ 7/03/07...
WE MAKE NEW LAW: CLAIMANT'S LATE NOTICE TO TORTFEASOR'S INSURER FORFEITS UM COVERAGE Unitrin Direct Ins. Co. v. Dwyer et al. (Supreme Court, Nassau County)...
OFFICE DESK IS NOT A "SCAFFOLD"; FOR PURPOSES OF WINDOW CLEANER'S INJURY SUIT Broggy v. Rockefeller Group, Inc. 2007 NY Slip Op 05775 Decided on July 2, 2007...
ISSUE OF FACT REGARDING SCHOOL'S KNOWLEDGE OF PRIOR SEXUAL ABUSE KEEPS STUDENT'S SUIT ALIVE Belfiore v. Connetquot Central School District of Islip, NYLJ...
Split Panel Lets Suit Proceed Despite Late Notice of Claim -- Two Dissenters Argue That Absence of Excuse Is Fatal to Action By Daniel Wise [Reprinted from the...
LANDLORD'S FAILURE TO PURCHASE OPTIONAL VANDALISM COVERAGE DEFEATS CLAIM DESPITE ASSERTION THAT BROKER MISADVISED HIM Schatz v. Allstate Ins. Co. and Mannino...
INSURER'S UNREBUTTED PEER REVIEW ENTITLES IT TO SUMMARY JUDGMENT A Khodadadi Radiology, P.C. a/a/o Carlos Gomez v. NY Cent. Mut. Fire Ins. Co. 2007 NYSlipOp...
ARBITRATOR FINDS NO-FAULT INSURER ENGAGED IN UNFAIR CLAIMS PRACTICES BY ISSUING DENIAL WHILE VERIFICATION REQUESTS WERE OUTSTANDING Dohyung Kim's Physical...
IF EMPLOYER DID NOT CHECK WORKER'S IMMIGRATION STATUS WHEN HIRING, IT CAN'T RAISE THE ISSUE IN LITIGATION Gomez v. F&T Int'l (Flushing, New York) LLC, NYLJ...
INSURER GETS STAY OF ORDER TO DEFEND INSURED WHILE DJ ACTION IS APPEALED In re: Tower Automotive Inc., NYLJ 17 July 2007 (USDC - SDNY) (06 Civ. 2105) (Sweet,...
Readers of The Rogak Report know that Larry Rogak is New York's most-published writer of law articles, and the author of Rogak's New York No-Fault Law &...
SCHOOL NOT LIABLE FOR CHILD'S SUDDEN INJURY DURING ORDINARY SCHOOLYARD GAME Santos v. New York City Dept. of Educ. 2007 NY Slip Op 06016 Decided on July 10,...
CITY NOT LIABLE FOR DANGEROUS CONDITION ON PRIVATE PROPERTY DARKENED BY BURNED-OUT STREET LAMP Weider v. City of New York, NYLJ 7/20/07 (Index no. 18770/06)...
TRUCK DESIGNED WITH "MINIMALLY EFFECTIVE" GAS-ASSISTED HOOD LIFT CREATES FORESEEABILITY THAT DEVICE WILL WEAR OUT AND NOT BE REPLACED BY OWNER Heimbuch v....
WHEN PLAINTIFF IS NOT SURE WHAT CAUSED HER FALL, DEFENDANT GETS SUMMARY JUDGMENT Rudner v. New York Presbyt. Hospital 2007 NY Slip Op 06163 Decided on July...
Heeding the Sirens' Call to Ruin: NY Lawyer Disbarred for "Ambulance Chasing" [From "New York Lawyer," July 25, 2007] By the Staff of New York Law Journal A...
NO MATTER WHAT PLAINTIFF CALLS IT, AN ASSAULT IS AN ASSAULT Market International Ins. Co. Ltd. v. Musto et al., 2007 NY Slip Op 32156(U) (Supreme Court, New...
Liability Claim Against Friend Of Murdered Teen Rejected By Mark Fass <mailto:web-editor@...> [Reprinted from the New York Law Journal, July 25, 2007] ...
NEITHER DOG OWNER NOR PET STORE IS LIABLE FOR SUDDEN BITE BY CUSTOMER'S DOG D.C. v Petco Animal Supplies Stores, Inc. 2007 NY Slip Op 51413(U) Decided on July...
N.Y. Lawsuit Calls 'Ladies' Night' Discriminatory By Brittney Pescatore The National Law Journal 07-12-2007 Clubs and bars have been luring women to their...
The New York legislature has passed Senate Bill S. 6306 and Assembly Bill A8363-A, which, if signed by Governor Eliot Spitzer, would require a showing of...
PARTY'S PARTICIPATION IN MANDATORY ARB BY ATTORNEY ONLY IS NOT A "DEFAULT"; PARTY STILL ELIGIBLE FOR TRIAL DE NOVO Omega Diagnostic Imaging, P.C. a/a/o Rannay...
EVEN IF DEFENDANT DEFAULTS, AUTO ACCIDENT VICTIM MUST MEET THRESHOLD Abbas v. Cole 2007 NY Slip Op 06092 Decided on July 17, 2007 Appellate Division, Second...
New York's Governor Eliot Spitzer has vetoed legislation that would have required insurers to prove that they were prejudiced by late notice of an occurrence...
FRIENDS OF BOY WHO ASSAULTED PLAINTIFF MAY BE LIABLE FOR "AIDING AND ABETTING" Scollo v. Nunez 2007 NY Slip Op 51469(U) Decided on August 3, 2007 Supreme...
WORKERS COMP CARRIER HAS NO LIEN ON TAXI DRIVER'S PERSONAL INJURY SETTLEMENT Alam v. Taxi Wheels to Lease Inc., NYLJ 08/07/07 (Index no. 46810/03) (Supreme...
Has it ever occurred to you that the word "sanctions" has different and totally opposite meanings? To most lawyers, the word "sanctions" instantly conjures up...
