Matter of Ean Holdings LLC v Joseph Edited by Lawrence N. Rogak While driving a rental car, claimant was struck by a chunk of concrete that fell off a dump truck, crashed through his windshield and took out his left eye. He filed for UM arbitration and Enterprise Rent-A-Car moved for a stay. The Court […]
In the matter of the Arbitration between Fawzy Salama PLLC and State Farm Mutual Automobile Insurance Company The issues in this arbitration are the Applicant’s unpaid bills for evaluations and electrodiagnostic testing, denied by the Respondent based on the Applicant’s failure to cooperate for an examination under oath. The Applicant brought this arbitration proceeding to […]
Matter of Geico Indem. Ins. Co. v Global Liberty Ins. Co. of NY 2016 NY Slip Op 50595(U) Decided on April 8, 2016 Appellate Term, Second Department Edited by Lawrence N. Rogak In an intercompany arbitration, Geico sought loss transfer from Global. Global argued late notice and submitted only its disclaimer letter, which the arbitrator […]
Mathews v Allstate Ins. 2016 NY Slip Op 51174(U) Decided on July 28, 2016 Appellate Term, Second Department Edited by Lawrence N. Rogak Plaintiff medical doctor brought a PIP suit in small claims court. At trial, defendant insurer produced a PM&R doctor who testified that the testing done by plaintiff was not medically necessary, […]
Boro Park Land Co., LLC v Princeton Excess Surplus Lines Ins. Co. 2016 NY Slip Op 04684 Decided on June 15, 2016 Appellate Division, Second Department Edited by Lawrence N. Rogak A nursing home and its landlord were the insured and additional insured under a professional liability policy issued by Princeton. An employee of the […]
Bender v Autism Speaks, Inc. Plaintiff tripped and fell on a public boardwalk during a charity walk for autism. She sued the autism charity for failing to provide a safe boardwalk. The suit was dismissed for failing to file a Note of Issue after defendant served a 90-day notice. Plaintiff moved to restore the suit […]
Villongco v Tompkins Sq. Bagels 2016 NY Slip Op 50778(U) Decided on May 18, 2016 Supreme Court, New York County Edmead, J. Edited by Lawrence N. Rogak A bagel store hired a retired fireman as a consultant. Plaintiff, a customer, said a very nasty word to a waitress and pushed her. The waitress immediately told […]
Kendall v Amica Mut. Ins. Co. A tenant in plaintiffs’ home had to be subdued by police using tear gas. Plaintiffs had an adverse health reaction to the tear gas residue and their homeowners’ insurer hired a remediation company which used a chemical to remove the tear gas. Plaintiffs then alleged an adverse health reaction […]
Oates v New York City Transit Authority A pedestrian was found crushed to death near a bus stop. Nobody saw or heard anything: not the bus driver, not the passengers, not anyone on the street. But the pedestrian’s estate sued the Transit Authority, claiming that the bus ran over her. A Bronx jury found the […]
Sean R. v BMW of N. Am., LLC Plaintiffs alleged that their baby was born with severe defects due to the mother’s exposure to gasoline fumes in their BMW caused by a defective fuel line hose. Plaintiff’s expert doctors wanted to testify that the mother’s reported symptoms, such as headache and nausea, were sufficient evidence […]
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