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”.
In this Article 78 proceeding, petitioner, who undisputedly has type 1 diabetes, challenges the determinations of the New York City Department of Transportation (DOT) and the New York City Department of Health and Mental Hygiene (DOHMH) denying his application for a Parking Permit for People with Disabilities (PPPD). He alleges that the determinations made by […]
Plaintiffs have sued defendant seeking to recover $6,970.00, said sum representing the value of plaintiff, Christina J. Rousseau’s, engagement ring that was either lost or stolen while she was undergoing some medical examinations at the defendant’s place of business. Plaintiffs claim that the defendant failed to safely secure her personal belongings while undergoing tests and […]
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered December 1, 2009, which denied the motions of defendants Harleysville Worcester and Alexander Wall for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs. In this action for insurance coverage and damages resulting from a raccoon infestation […]
Facts and Arguments On February 16, 2009, plaintiff Omar Ramnarine was a customer of the Cozy Soup and Burger, Inc. diner (“diner”) which is located in Greenwich Village on Broadway near Astor Place. The diner is open 24 hours a day, 7 days a week. At approximately 5:00 a.m. that day, plaintiff left the diner […]
The issue before the Court is whether defendant-property owners Boston Properties, Inc. and Times Square Tower Associates, LLC are entitled to common law indemnification from defendantgeneral contractor John Gallin & Son, Inc. For the reasons that follow, we hold they are not. The property owners leased a retail storefront located at 7 Times Square Tower […]
The issue before the Court is whether defendant-property owners Boston Properties, Inc. and Times Square Tower Associates, LLC are entitled to common law indemnification from defendantgeneral contractor John Gallin & Son, Inc. For the reasons that follow, we hold they are not. The property owners leased a retail storefront located at 7 Times Square Tower […]
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Putnam County (Nicolai, J.), dated November 15, 2010, which, after a framedissue hearing, denied that branch of the petition which was to permanently stay […]
Groninger v Village of Mamaroneck Plaintiff commenced this personal injury action against the Village of Mamaroneck after she slipped and fell on ice in a parking lot owned and maintained by the Village. The Village moved for summary judgment dismissing the complaint, asserting that it had neither received prior written notice of the defect (see […]
“This is an insurance coverage dispute concerning whether plaintiff Tower must defend and indemnify its insured, defendant Babylon Fish & Clam, Inc. (Babylon), under an occurrence-based commercial general liability insurance policy. The underlying lawsuit is a wrongful death action brought by defendant Sandra Menken, individually and as executor of the estate of Michael J. Menken, […]
Governor Andrew M. Cuomo announced that 46 commercial drivers, including bus drivers, were arrested in and around New York City for fraudulently obtaining multiple driver licenses using an alias. The arrests, made possible through the state’s use of facial recognition technology, were part of the Governor’s ongoing crackdown on bus safety that began March 17. […]
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