By Marc H. Pillinger. Despite what you might have heard, the defense of “trivial defect” is still alive and well, at least in the Second Judicial Department. The Appellate Division, Second...
Yes Virginia, There is a Trivial Defect
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Pillinger Miller Tarallo, LLP Archives
Appellate Court Says Yes, After Plaintiff Says No
By Marc H. Pillinger and Gabrielle L. Scibetta. Discovery is a vital stage in the litigation process as it allows the parties to formally exchange information regarding the witnesses and evidence...
New York Creates One Year Window for Expired Adult Sexual Abuse Claims
By Marc H. Pillinger. Under the New York Adult Survivors Act, New York now permits lawsuits to be filed against alleged sexual abusers or their estates, businesses, and institutions that contributed...
Medical Misconduct Exposed: New York Doctor Pleads Guilty in $31M Trip-And-Fall Insurance Fraud Scheme
By Marc H. Pillinger. In connection with an elaborate scheme to obtain false insurance reimbursements and other compensation from fraudulent trip-and-fall accidents, SADY RIBEIRO, a New...
An Update on Toxic Tort General vs. Specific Causation Burden of Proof
By Marc H. Pillinger. Following up on our previous newsletter, the Appellate Division, 1st Dept., has given further guidance on what a plaintiff has to prove at trial to establish sufficient...
HOT TOPICS – Toxic Tort Claims with Multiple Defendants
By Marc H. Pillinger. Toxic torts are claims resulting from the plaintiff’s exposure to toxic substances from the defendant’s action. Toxic tort claim damages can be awarded for non-injury claims...
Wish List Granted: Adult Survivors Act Signed into Law
By Marc H. Pillinger. As your trusted advisor, PMT has kept you apprised about the progressive legislative wish list as the legislative session moves toward its June recess. Now the Adult Survivors...
Cleaning – A Protected Activity Under the Labor Law
By Marc H. Pillinger. Healy v. EST Downtown LLC Decided on April 28, 2022, by the Court of Appeals 2022 WL 1242800 This interesting case arises from an accident while the plaintiff was working to...
Wish List for Plaintiffs’ Bar Granted: Governor Signs New Laws
By Marc H. Pillinger. In keeping with recent legislative trends, a series of bills championed by the plaintiffs’ bar has passed New York State Legislature and signed by Governor Hochul. One...
Signed Into Law: NY Comprehensive Insurance Disclosure Act Amendments (CIDA)
By Marc H. Pillinger, Neil L. Sambursky and Thomas M. Bona. PMT alerted you that on December 31, 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act (“CIDA”) into...