FP successfully argued that the New Jersey Appellate Division did not have jurisdiction to consider an appeal from an order confirming an appraisal award for a fine arts claim resulting from Superstorm Sandy. The claim was for damages in excess of $300 million, which went through a nearly six-year appraisal. […]
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Fleischner Potash recently obtained an award of summary judgment on behalf of its client, a construction manager, in a Kings County Labor Law case arising out of an injury suffered by a worker at a construction site. The decision granted the motion in its entirety, and dismissed the plaintiff’s Labor […]
In this premises liability action, the plaintiff allegedly sustained injuries due to a defective condition on a public sidewalk abutting a construction site. Our client, defendant New Empire Builder Corp. (“New Empire”) was listed as a contractor on certain building permits relating to the construction site. After the completion of […]
Partner Dan Stewart closed out 2020 with a summary judgment win in Kings County Supreme Court. The female plaintiff claimed that she tripped and fell due to a cracked exterior sidewalk as she entered a retail clothing store, represented by Fleischner Potash LLP. Under the retailer’s lease agreement with the […]
Evan Richman sought and obtained dismissal of a Disability Discrimination Complaint from New York State Division of Human Rights (“DHR”). The DHR issued a Determination and Order which found that there was no merit to Complainant’s claim of disability discrimination stemming from the Respondents’ inability to transfer Complainant to another […]
Evan Richman sought and obtained dismissal of a Disability Discrimination Complaint filed in the New York State Division of Human Rights (“DHR”). The DHR issued a Determination and Order which found that there was no merit to Complainant’s claim of disability discrimination since the housing cooperative commenced an eviction proceeding […]
Evan Richman successfully obtained summary judgment in the New York Supreme Court, Rockland County, on behalf of Defendants law firm and its principal trial attorney. The Court held that the Defendants met their burden of establishing that there was no breach any duties with regard to the handling of an […]
We are proud to announce that Of Counsel Benjamin Fleischner and Partners Patti Potash and Adam Stark have been recognized as 2020 Super Lawyers. Senior Associate Jennifer Mindlin has been honored as a Rising Star for the third straight year. This is Benjamin Fleischner’s tenth honor, Patti Potash’s second honor […]
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, […]
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 […]