Courtside by Larry Rogak brings to the fore cases and decisions of relevance to doing insurance business. Some of the results are, in a word, “unbelievable”.
Otero V Houston St. Owners Corp. I. BACKGROUND Plaintiffs sue to recover damages for invasion of privacy from defendants’ installation of cameras on premises where plaintiffs were tenants. Defendants Chaim Babad and Houston Street Owners Corp. owned and defendants Babad Management Co. and Houston Street Management Co. managed the premises. Defendants move to dismiss the […]
Selzer v New York City Tr. Auth. This appeal arises out of a personal injury action in which the plaintiff alleges that he sustained injuries as he was exiting a subway car on the R train at Whitehall Street, Manhattan. At trial, the plaintiff testified that the defendant’s conductor negligently closed the doors on his […]
McCoy v Kirsch Note: A “chupah” is a canopy, usually made of fabric supported by wooden posts, under which a bride and groom perform a traditional Jewish wedding ceremony. — LNR APPEAL by the defendants, in an action to recover damages for personal injuries, as limited by their brief, from so much an order of […]
American Arbitration Association New York No-Fault Arbitration Tribunal In the Matter of the Arbitration between Lutheran Medical Center and GEICO AAA Case No. 412012029477 AAA Assessment No. 17 991 24504 12 Brynne L. Haines, Esq., Arbitrator Summary of Issues in Dispute Does Public Health Law which requires insurers to pay for hospital treatment of […]
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered December 12, 2011, which denied its motion for summary judgment dismissing the complaint. ORDERED that the order is affirmed, with costs. The plaintiffs alleged that, in February 2010, they […]
This court entered an order (“Liquidation Order”) on November 20, 1997, pursuant to which U.S. Capital Insurance Company (“U.S. Capital”) was adjudged to be insolvent and placed into liquidation. The Liquidation Order appointed the then- Superintendent of Insurance and his successors in office as Liquidator of U.S. Capital. Benjamin M. Lawsky, the Superintendent of Financial […]
Almost every day, we are reminded of the injury risks attendant to participation in organized sports. The question presented in this personal injury action is whether a college baseball pitcher assumed the risk of injury associated with his participation in indoor practice. We conclude that plaintiff Bukowski assumed the inherent risk of being hit by […]
Frankenmuth Mut. Ins. Co. v Waste Mgt. of NY, L.L.C. Frankenmuth Mutual Insurance Company, Plaintiff, against Waste Management of New York, L.L.C. and SANITARY DISTRICT NO. 1, TOWN OF HEMPSTEAD, Defendants. Counsel for Plaintiff: Fox Rothschild, LLP Counsel for Defendant (Waste Management): Schnader Harrison Segal & Lewis LLP Counsel for Defendant (Sanitary District): Law Offices […]
More than a decade ago, on October 10, 2001, Supreme Court, New York County (Lehner, J.) granted the application of the Superintendent of Financial Services (“the Superintendent”) to be appointed as rehabilitator (“Rehabilitator”) of Frontier Insurance Company (“Frontier”) pursuant to Article 74 of the Insurance Law (“Article 74”). In a Decision & Order dated July […]
Concourse Chiropractic, PLLC v State Farm Mut. Ins. Co. Defendant moves for summary judgment. Plaintiff moves to compel discovery.[FN1] BACKGROUND Concourse Chiropractic, PLLC (“Concourse”) sues as assignee of Odalis Guzman (“Guzman”) seeking to recover first party no-fault benefits for chiropractic treatment it provided to Guzman. Concourse submitted bills for treatment it provided to Guzman for […]
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