Plaintiff commenced this action seeking insurance coverage from Tower for the collapse of a retaining wall in its parking lot and water damage to the interior of its building as a result of a June 23, 2011 rainstorm. Tower claimed that the insurance policy does not provide coverage for these damages and disclaimed. This matter […]
[COURTSIDE] By Lawrence Rogak Unless Auto Policy Specifically Excludes Temporary Substitutes, They are Covered for Sum Mechanic Driving Customer’s Loaner Car Covered Under Customer’s Auto Policy Matter of State Farm Mut. Auto. Ins. Co. v O’Brien In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist […]
[COURTSIDE] By Lawrence Rogak Disclaimer Issued 24 Days After Notice of Suit is Timely; Carrier Needed To Investigate Guideone Ins. Co. v Darkei Noam Rabbinical Coll. In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendants Darkei Noam Rabbinical College, Darkei Noam, Inc., Keren Hachesed, and […]
Wittorf v City of New York (2014 NY Slip Op 04037)
We are asked in this case if the City of New York was engaged in a proprietary function at the time of plaintiff ’s bicycle accident in order to determine if the jury properly evaluated the City’s actions under ordinary negligence principles.
Court Denies Default Motion in DJ Action Even Though Defendants Defaulted Interboro Ins. Co. v Rosetta Dawkins et al. Plaintiff INTERBORO INSURANCE COMPANY moves pursuant to CPLR 3215 for a default judgment against defendants MERIT ACUPUNCTURE, AVENUE C MEDICAL, P. C. PROFESSIONAL HEALTH IMAGING and TOTAL MOBILITY, P.C. (collectively, the “Provider Defendants ). Plaintiff purports […]
Cellar Stairs Accessed by Sidewalk Trap Door are Not Covered by Building Code Bautista v 85th Columbus Corp. Defendants move (1) for summary judgment pursuant to CPLR 3212 dismissing the first cause of action of the complaint against all defendants, and (2) to dismiss the second cause of action for failure to state a cause […]
Back Seat Passenger Unties Driver’s Bikini Top, Causing Her to Lose Control; No Liability Per Emergency Doctrine Pelletier v Lahm After a defense verdict from a Rockland County jury, plaintiff moved to set aside the verdict, which was denied, and plaintiff appealed. The Appellate Division affirmed. The Supreme Court properly denied the plaintiff’s motion pursuant […]
Homeowner’s Policy Provides No Coverage to Insured for Spouse’s Wrongful Death Claim Matter of Randall S. Courtney v Dryden Mut. Ins. Co. Plaintiff is the administrator of the estate of Randall Courtney. He commenced this action seeking a declaratory judgment that defendant is required to defend and indemnify him in an action that arises from […]
Promed Durable Equip., Inc. v GEICO Ins. Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered October 25, 2011. The order, insofar as appealed from, denied defendant’s cross motion for summary judgment dismissing the complaint and found, in effect, that plaintiff had established, […]
Seldon v Allstate Ins. Co. Order, Supreme Court, New York County (Debra A. James, J.), entered April l9, 2012, which denied defendants Allstate Insurance Company and Allstate Insurance Co., Inc.’s (Allstate) motion for summary judgment dismissing the third cause of action, unanimously reversed, on the law, without costs, and the motion granted. The third cause […]
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