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...
Pillinger Miller Tarallo, LLP Archives
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...
Case by Case: Are Social Security Numbers Discoverable?
By Peter M. Dunne. A Social Security Number is discoverable in a personal injury case because it is reasonably calculated to lead to admissible evidence. Claims of privacy and concerns for identity...
Case by Case: Balance of Power: “Liberal Governor” Vetoes Two Progressive Backed Drastic Tort Bills
By Thomas M. Bona. For many years, the balance of power in Albany in the Legislature was that the Democrats controlled the Assembly and the Republicans controlled the State Senate. Although the...
Case by Case: Court of Appeals: Out-of-Possession Landlord
By Wendy Eson and Marc H. Pillinger. In a recent decision, He v. Troon Mgmt., Inc., 2019 WL 5429374 (N.Y. Oct. 24, 2019), the Court of Appeals [reversed the First Department and] held that an...
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...
Case by Case: Our Clients Speak
By Thomas M. Bona & John J. Tambascia. Sage Advice and Constant Support We who are in this business of defending our clients when they have an accident can become somewhat immune to the reality...
Case by Case: Winds of Change? Second Department Adopts Tougher View of Safe Place To Work
By Thomas M. Bona. In November 2017, at Pillinger Miller Tarallo, LLP (“PMT”), we predicted that the Court of Appeals under Judge Janet DiFiore would begin to interpret the Labor Law more favorably...
Case by Case: Court of Appeals Rules That Foreign Risk Retention Groups Are Not Subject To Insurance Law
Requiring A Disclaimer As Soon As Reasonably Possible One of the linchpins of insurance coverage in New York is Insurance Law §3420(d)(2) which requires that a disclaimer be made as soon as...