In this slip and fall action venued in The Bronx, Fleischner Potash, representing an out of possession building owner, won a summary judgment dismissal of the case on the ground that an out of possession landlord who is not contractually obligated to maintain or make repairs to the leased premises, […]
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June 27, 2020 Authors:Stuart G. Glass – PartnerBrian J. Divney As metropolitan construction is a “growth industry” so with it is the evolution and expansion of New York Labor Law litigation. Labor Law claims and their progeny are continuously changing with the advent of technological advances, societal changes and environmental […]
Plaintiff, a union sheet metal worker, alleged that he slipped and fell on work debris in an interior staircase at an active construction project. Plaintiff’s claims were premised under a theory of negligence and violations of sections 200 and 241(6) of New York’s Labor Law as well as violations […]
On May 18, 2020, Alexandra E. Rigney presented “Top Ethical Issues Every Insurance Coverage Attorney Should Consider“, a Continuing Legal Education program with Lawline. The CLE was Broadcast live online and recorded by Lawline. The program offered viewers information on how to best avoid conflicts between an insurer and its […]
Partner James P. Ricciardi and Associate Kirsten Orr were awarded summary judgment in an Essex County, NJ premises liability action. Plaintiff, a fireman responding to a fire at a property adjacent to their clients’ owned property, was injured while climbing over a property dividing wall in an effort to gain […]
On January 13, 2020, Partners, Adam P. Stark and James P. Ricciardi, obtained summary judgment, dismissing claims asserted by an insured against our insurer client, for intentional and negligent spoliation of evidence. The claim arose out of a first-party property loss, wherein a fire suppression sprinkler discharged and caused damage […]
Fleischner Potash attorneys continued their winning ways on March 6 with a win on a summary judgment motion in Richmond County Supreme Court. Partner Dan Stewart and Associate Brian Divney argued that the male plaintiff, in his early 30s, did not satisfy the “serious injury” threshold because of a significant […]
Adam Stark and Kirsten Orr successfully argued to the New Jersey Appellate Division that the trial court correctly held that Earth Movement Exclusion applied and excluded coverage to a warehouse owner in New Jersey. The warehouse was damaged by differential soil settlement caused by sheet piles installation. The Appellate Division […]
Partner Adam Stark and associate Kirsten Orr won summary judgment in a Cape May County dog bite case, in which they represented the owners of the property where the dog was visiting when the incident occurred. Plaintiffs alleged that the Defendants were liable under a theory of common law absolute […]
Partner Stuart Glass obtained a defense verdict in Supreme Court Kings County. Plaintiff claimed that in the course of his employ as a MTA Bus inspector he was caused to trip and fall in an unguarded excavation. It was claimed that our client had negligently failed to properly safeguard a […]
Fleischner Potash represented a law firm who had been retained by Plaintiff in connection with her purchase of a condominium where there had been a history of leaks. The Complaint alleged that defendant law firm failed to provide adequate representation to plaintiff with respect to disclosure of the scope of […]
Partner Dan Stewart won summary judgment in a Suffolk County premises liability case where plaintiff alleged traumatic brain injury and cognitive defects. Plaintiff, a high-earning professional, alleged that the defendants failed to properly maintain a tree branch. While walking on the adjacent sidewalk, plaintiff hit her head on the branch. […]
Nancy Lewis and Kevin McCardle won summary judgment for their client, a roofing contractor, for a claim for personal injuries made by an employee of an alleged subcontractor. The Court agreed with the firm’s arguments that plaintiff’s Complaint violated the specificity requirements of CPLR 3013, because the Complaint misidentified, conflictingly […]
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 […]
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 […]