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”.
This is an action to recover nofault insurance benefits, including outstanding medical bills and loss of earnings, from Geico. It appears that, on or about September 2, 2008, the plaintiff was injured when he was involved in an accident with a motor vehicle operated by nonparty Edward J . Conrad. Geico insured the plaintiff’s vehicle, […]
Abacus Fed. Sav. Bank v ADT Sec. Servs., Inc. et al., Respondents, Holmes Protection of New York, Inc., et al., Defendants George S. Sava, for appellant. Charles Eblen, for respondent ADT Security Services, Inc. Dennis M. Rothman, for respondent Diebold Incorporated, Inc. CIPARICK, J.: Plaintiff Abacus Federal Savings Bank (Abacus) commenced this action against defendants […]
Martino v Stolzman MEMORANDUM: The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the Oliver defendants’ motion for summary judgment granted, the complaint in Action No. 1 and the amended complaint in Action No. 2 dismissed against them, and the certified question answered in the negative. On the evening […]
Plaintiff was injured when he fell from a ladder in a factory while cleaning a product manufactured by his employer. We hold that his activity was not protected by Labor Law § 240 (1). I The product in question was a steel “wall module” made by third party defendant West Metal Works, Inc. at its […]
Matter of Government Employees Ins. Co. V Albino In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Juan R. Albino appeals from a judgment of the Supreme Court, Queens County (Rios, J.), dated May 12, 2011, which, after a framedissue hearing, granted the amended petition. ORDERED that […]
Matter of Country-Wide Ins. Co. v Ramirez Petitioner Country-Wide Insurance Company (“Country-Wide”) moves for an order, pursuant to CPLR 7503, permanently staying arbitration, or, alternatively, temporarily staying arbitration pending a “framed-issue” hearing or the completion of discovery. Respondent, Jose R. Ramirez (“Ramirez”) “cross-petitions” for an order denying the petition and sanctioning Country-Wide pursuant to 22 […]
[dropcap]D[/dropcap] efendant New York Central Mutual Fire Insurance Company moves pursuant to CPLR R3211 for an order dismissing the plaintiff ‘s amended complaint in its entirety. The plaintiff opposes the instant application. Pursuant to an order dated November 17, 2011, the parties were notified that the court elected pursuant to CPLR R3211(c) to treat the […]
Plaintiff Raul Salazar was injured in May 2004, while working in the basement of a Brooklyn building undergoing renovations. The property was owned by 96 Rockaway, LLC. Salazar was employed by T-Construction Co., Inc.; the general contractor was Novalex Contracting Corp. The accident occurred in the largest room of the basement, which had a trench […]
SMITH, J.: In Pommells v Perez (4 NY3d 566, 571 [2005]), then Chief Judge Kaye described the working of the No-Fault Law (officially the Comprehensive Motor Vehicle Insurance Reparations Act, Insurance Law §§ 5101 et seq.) by saying: “Abuse. . . abounds.” That included, she said, “abuse. . . in failing to separate ‘serious injury’ […]
CIPARICK, J.: Some New York courts have interpreted our decision in Misseritti v Mark IV Constr. Co. (86NY2d 487 [1995]) to preclude recovery under Labor Law § 240 (1) where a worker sustains an injury caused by a falling object whose base stands at the same level as the worker. We reject that interpretation and hold […]
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