INJURY THAT OCCURS INSIDE VAN WHEN GAS TORCH EXPLODES DURING UNLOADING DOES NOT QUALIFY FOR NO FAULT BENEFITS Iavarone v. Lentini et al., (Supreme Court,...
AT LAST! APPELLATE DIVISION HOLDS THAT ILLEGAL ALIENS CANNOT RECOVER LOST WAGES IN BI SUITS, PER "HOFFMAN" DECISION Sanango v. 200 East 16th Street Housing...
Dear Readers: Drug testing of prospective employees is an issue of general interest, especially since it sometimes results in litigation. It is fairly well...
DESPITE DOCTOR'S TESTIMONY THAT TREATMENT WAS NEVER GIVEN, AND NO OPPOSITION FROM PROVIDER, COURT REJECTS FRAUD DEFENSE OF NO-FAULT INSURER PSG Psychological...
Panel Calls for Clarification Of 'Serious Injury' in Mishaps; Time Is Said to Be Wasted Deciding Which Suits May Go Forward By Tom Perrotta, New York Law...
Civil Defense Law Bars Some WTC Worker Lawsuits By Daniel Wise, New York Law Journal, January 7, 2005 A state civil defense law enacted in 1951 shields...
Employer's Suit Barred Over Singer's Death In Reversal, Court Disallows Recording Firm Action for Plane Crash That Killed Aaliyah By Tom Perrotta, New York Law...
INSURER FAILS TO OPPOSE SUMMARY JUDGMENT IN NO-FAULT SUIT WITH EVIDENCE IN ADMISSIBLE FORM, SO IT LOSES DESPITE IME NO-SHOW A.B. Medical Services PLLC v. New...
REINSURER CANNOT AVOID REIMBURSEMENT OF PRIMARY INSURER FOR GOOD- FAITH SETTLEMENT; TOTAL POLLUTION EXCLUSION IS AMBIGUOUS National Union Fire Insurance Co. of...
INSURED HAS NO RIGHT TO ATTEND SPOUSE'S EUO, BUT REFUSAL TO APPEAR DOES NOT WARRANT DISMISSAL OF CLAIM Park v. Long Island Insurance Company, 2004 WL 2952726...
CAR'S "BLACK BOX" ADMISSIBLE AT TRIAL TO PROVE SPEED OF AUTO JUST BEFORE CRASH People v. Blake Slade and Kyle Soukup, NYLJ 1/17/05 (Supreme Court, Nassau...
STATEMENT OF DEFENDANT'S EMPLOYEE AS TO COMPANY PROCEDURE IS ADMITTED TO SHOW THAT PLAINTIFF RELIED ON IT, NOT TO PROVE TRUTH OF STATEMENT Jordan v. Excel...
COURT KNOCKS DOWN VERDICT FOR FRACTURED HUMERUS FROM $2.75 MILLION TO $1.2 MILLION Fudali v. New York City Transit Authority, NYLJ 1/19/05 (Supreme Court, New...
COINSURANCE APPLIES TO "CIVIL AUTHORITY" BUSINESS INCOME LOSSES New York Career Institute v. Hanover Insurance Co., NYLJ 1/20/05 (Supreme Court, New York...
CONSTRUCTION WORKER'S FALL FROM PLANK LAID OVER TRENCH IS NOT A SCAFFOLD LAW CASE Catapano v. Alstrom Signaling Inc., NYLJ 1/21/05 (Supreme Court, Richmond...
BUSINESS INCOME LOSS CLAIM REQUIRES PROOF OF PHYSICAL LOSS OR DAMAGE Philadelphia Parking Authority v. Federal Insurance Co., NYLJ 1/24/05 (USDC - SDNY)...
EVEN IF FLURRIES ARE STILL FALLING, LANDLORD'S TIME TO START CLEARING SNOW MAY START TO RUN Bell v. New York City Housing Authority, NYLJ 1/25/05 (Supreme...
Panel Revives Part of Parents' Obesity Suit Against McDonald's By Mark Hamblett, New York Law Journal, January 26, 2005 A federal appeals court has given...
FINDING THE WORD "DAMAGE" IN INSURANCE POLICY TO BE AMBIGUOUS, COURT RULES THAT PROPERTY POLICY COVERS BLACKOUT DAMAGE Ferraro v. North Country Insurance, NYLJ...
EVEN IF NO-FAULT DENIAL IS TIMELY, FAILURE TO PROPERLY FILL OUT THE FORM LEADS TO SUMMARY JUDGMENT FOR PROVIDER Nyack Hospital v. State Farm Mutual Automobile...
PLAINTIFF FAILS TO PROVE THAT U-HAUL'S INSURER IS SUBJECT TO JURISDICTION IN CIVIL COURT FOR NO-FAULT CLAIMS NYC Medical and Neurodiagnostic PC v. Republic...
NO FEDERAL COURT JURISDICTION FOR HEALTH CARE SUBROGATION SUIT AGAINST FEDERAL EMPLOYEE Empire HealthChoice Assurance Inc. v. McVeigh, NYLJ 1/28/05 (2nd ...
DRIVER WITH RIGHT OF WAY IS NOT LIABLE FOR INTERSECTION ACCIDENT Tesoro v. Volpe, NYLJ 1/31/05 (Supreme Court, Kings County) (Schmidt, j.) On December 28,...
POLICE NOT LIABLE FOR INTERSECTION ACCIDENT WHILE RESPONDING TO EMERGENCY CALL Badalamenti v. City of New York, NYLJ 2/01/05 (Supreme Court, Richmond County)...
WAIVER OF LIABILITY AND ASSUMPTION OF RISK BY INSURED BAR INSURER'S SUBROGATION LAWSUIT Industrial Risk Insurers v. The Port Authority of New York and New ...
WHEN PLAINTIFF DISCONTINUES AGAINST A PARTY WITH PREJUDICE, IT IS A RELEASE AND THAT DEFENDANT IS IMMUNE FROM CROSS-CLAIMS Dembitzer v. Broadwall Management...
Spoliation Costs Plaintiff a Win In Bad-Tire Case By John Caher, New York Law Journal, February 3, 2005 ALBANY — After 12 years and two trips up and down the...
On 03 February 2005, court clerks in the Civil Courts of New York City handed out copies of an Administrative Order to attorneys present in the courtrooms...
IN FIRST-EVER NEW YORK DECISION ON NAMED DRIVER EXCLUSION, COURT UPHOLDS IT AND FINDS NO COVERAGE IN POLICY ISSUED BY NON-ADMITTED INSURER Property & Casualty...
