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...
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...
Case by Case: SEC Penalties Against Brokerage Firms May Be Insurable
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...
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: 30 Day Rule for Disclaimers, Maybe Not So Much
By Marc H. Pillinger. We have always advised our carriers to disclaim coverage “as soon as practicable” and not rely on Reservation of Rights letters when dealing with insurance coverage matters...
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...
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: Recent Court of Appeals Decision – Labor Law: Maybe Things Aren’t Changing After All
By Marc H. Pillinger. The Court of Appeals in the case of Bianca-Neto v. Boston Road II Housing Development Fund Corp., 34 N.Y.3d 1166, 121 N.Y.S.3d 753 (2020), in a 4/3 decision, has arguably used...
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...