Nancy Lewis and Kevin McCardle won summary judgment for their client, the lessee of an apartment, dismissing plaintiff’s Labor Law 240(1), 241(6), 200 and common-law negligence claims. The Court agreed with Fleischner Potash’s argument that as a lessee, the client qualifies as an “owner” who is entitled to the single family […]
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Associate Kirsten Orr and Partner James Ricciardi won summary judgment dismissing claims seeking recovery for personal injuries by a plaintiff who allegedly fell on a puddle of water leaking from a beverage cooler in a pizzeria restaurant. Fleischner Potash LLP argued that its clients, who owned the property and leased […]
Associate Maria DellaRatta and Partner Wendy Cardali won summary judgment dismissing claims seeking recovery for personal injuries sustained by a plaintiff who alleged that he tripped and fell after stepping into a depressed and unleveled tree well due to missing bricks, which was installed in the Village of Babylon, New […]
Partners Ian B. Forman and Nancy D. Lewis won summary judgment dismissing third-party claims for contribution and indemnification against a contractor client on the basis that the contractor did not employ the injured plaintiff or perform any work at the site. Instead, Fleischner Potash was able to establish that its […]
Partner Daniel Stewart was recently quoted in the New York Law Journal entitled “Split Personal Injury Trials Not a Hard Rule, Court Says in Upending Years-Old ‘Presumption’”. The article discussed a recent a unanimous appellate panel decision in the Second Department, which made clear that trial courts have discretion in […]
Partner Dan Stewart persuaded a Brooklyn jury to return a verdict with 50% comparative fault against the plaintiff in a car accident case with decidedly unfavorable facts – the insured defendant was speeding and hit plaintiff’s vehicle from behind, after which plaintiff underwent a lumbar fusion surgery. Plaintiff maintained he […]
Plaintiff alleged that she sustained injuries when she fell down an unbarricaded stairway within a discount store that was crowded with merchandise. Partner Ian Forman argued that Summary Judgment was appropriate as to all claims against Fleischner Potash’s client, an out-of- possession landlord, who had no notice of the alleged […]
Partner Ian Forman won summary judgment in a high exposure case in Bronx County. Plaintiff claimed to have slipped and fallen within the defendants’ residential building and alleged to have suffered significant injuries, including a cervical fusion, a lumbar discectomy and an ankle surgery, as well as head trauma with […]
The Supreme Court, New York County, granted summary judgment, declaring that defendant owes co-primary coverage to a common insured. The court rejected defendant’s argument that plaintiff waived its rights to seek contribution by the “primary and non-contributory endorsement” because the common insured, a plaintiff to the case, had the right […]
The Supreme Court, New York County, granted Defendant Apartment Cooperative’s Motion to Dismiss and/or for Summary Judgment for claims brought by Plaintiff seeking to have an apartment transferred to his name. Plaintiff commenced an action seeking various declarations as to rights under a Proprietary Lease to a cooperative apartment on […]
Evan A. Richman obtained a Determination and Order from the Westchester County Human Rights Commission dismissing a Complaint alleging disability discrimination against a cooperative. The cooperative Board had advised the Complainant and her adult son that, while the Board would not permit the construction of a permanent wall to subdivide […]
Evan A. Richman obtained a Determination and Order from the New York State Division of Human Rights dismissing a Complaint alleging disability discrimination against a supportive housing provider, claiming that the building had failed to provide a reasonable accommodation. The Division of Human Rights found that there was no probable […]
On April 18, 2019, Daniel Stewart will be a panelist at AM Best’s Webinar: “How Social Media is Changing Insurance Claims”. The Webinar will focus on how social media is being used in insurance claims investigations, and the advantages, pitfalls and judicial implications that social media is having on policyholders, […]
Plaintiff alleged that she sustained an injury when she tripped and fell on a depression/pothole in a parking lot of a busy shopping center. Our firm argued that summary judgment was appropriate as to our client, who had been retained to perform pothole repairs at the shopping center. Partner Stuart […]
Gil Coogler presented on D&O Liability Insurance Fundamentals, Trends and Updates as part of alive Webcast, presented by The Knowledge Group.The Webinar provided an overview of D&O Liability Insurance and its benefits, common mistakes and challenges, relevant exclusions and underwriting considerations.
Senior Partner Patti Potash, Partner Alexandra Rigney and Senior Associate Jennifer Mindlin are contributors to the recently published American Bar Association Second Edition of The Handbook on Additional Insureds. In particular, they drafted the Chapters addressing the development of common additional insured endorsements and Landlord/Tenant additional insured coverage. If you […]