By Lawrence N. Rogak. New York’s Court of Appeals has ruled that regulatory actions by the SEC against brokerage firms may be covered by their insurance policies, depending on whether those...
Pillinger Miller Tarallo, LLP Archives
HOT TOPICS – What Is the Correct Choice of Law for An Interstate Trucking Accident?
By Lawrence N. Rogak. In 1633, Galileo was summoned by the Inquisition to answer a charge of heresy based on his teachings that the Earth moved around the Sun. This belief was contrary to the...
Interest on NY No-Fault Judgments Is 24%, Even if Plaintiff Delays Enforcement
By Lawrence N. Rogak. The statutory rate of interest on judgments in New York is 9% annually (CPLR 5004). The interest rate on unpaid NY PIP bills is 24% annually (Insurance Law 5106(a)). So if a...
Case by Case: New York’s Top Court Rules on Effect of Small Claims Judgments
By Lawrence N. Rogak. New York’s Court of Appeals examined a novel question presented to it by a Federal Appeals Court: what is the effect of a judgment in small claims court in subsequent...
The Times They Are A Changing: Court of Appeals Recognizes Role of Grandparents and Expands “Zone of Danger” For Emotional Distress
By Lawrence N. Rogak. Like the iconic Bob Dylan song, the law must adapt to society’s changes, which includes the laws governing torts. Since the Court of Appeals first decided the “zone...
HOT TOPICS – Are We There Yet?
By Lawrence N. Rogak and Shawn M. Weakland. Although no one is traveling now because we are home with the pandemic, at some point, people will begin traveling again and with that comes the...
Insurers Allege Fraud by Reinsurer’s Accountant
By Lawrence N. Rogak. A suit against accounting firm KPMG alleged that the firm aided its clients in defrauding third parties, which had been partially dismissed, has been revived by the Appellate...
Case by Case: Veterinarians Face New Liability Rule for Animal Attacks
By Lawrence N. Rogak. New York’s Court of Appeals established a new rule as of October 22nd, 2020 for the liability of veterinarians for animal attacks which occur in their facilities: that a...
Case by Case: Expert Witness Disclosure of Peer Review Doctor Can Be Made at The Last Minute
By Lawrence N. Rogak. Brand Medical Supply v. Unitrin Advantage Ins. Co., 2020 NY Slip Op 50687 (App Term 2d Dept) Many kinds of lawsuits require, or at least employ, expert witnesses on a wide...
Case by Case: Auto Policy Held Primary in Construction Accident
By Lawrence N. Rogak. First Mercury Insurance Co. v State Farm Mutual Auto Ins. Co., 2019 NYSlipOp 51773 (Supreme Court, New York County) (Lebovitz, j) (10/29/2019) In this declaratory judgment...