PMT Delivers a Win – Persistence Pays Off

PMT Delivers a Win – Persistence Pays Off

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department Case Type: Construction Caption: Nazrul Islam, Appellant, v. HPENY Housing Development Fund Company, Inc., et al., Respondents (and a third-party action). Index No.: 501699/15 Decision Date: April 29,2020 Decision: Case Dismissed, Affirmed on Appeal Persistence pays off. A recent case in which the Appellate Court affirmed dismissal of a case demonstrates the advantage that PMT brings to each case. In Nazrul Islam, Appellant, v. HPENY Housing Development Fund Company, Inc., et al., Respondents (and a third-party action), plaintiff brought an action claiming personal injuries as a result of a fall in the basement of a premises at which he was working. Following a number of repeated failures to abide by Court Orders, we served plaintiff with a 90-day Notice. Subsequently, we moved to dismiss all claims for plaintiff’s failure to prosecute. The motion was heard by Judge Larry D. Martin in Supreme Court, Kings County, who granted the motion in its entirety and dismissed the complaint. Plaintiff appealed the lower Court’s dismissal of the case, arguing that “law office failure” should excuse the default in complying with the 90-day Notice. In response, we argued that law office failure is not applicable and/or should not excuse the default in this case because the departing attorney was, in fact, still with the firm during the 90-day period, that one attorney’s failure to properly handle a matter cannot serve to excuse the law firm as a whole and that this is especially so here since this was an e-filing case and the 90-day Notice had been emailed to...
Cybersecurity: Be Vigilant and Be Prepared

Cybersecurity: Be Vigilant and Be Prepared

By Nicole Duke and Thomas M. Bona. The COVID-19 pandemic has changed the way society lives and conducts business. The rapid and unprecedented shift to remote working has opened businesses to new dangers and liabilities. One of the most pressing of these dangers is the increased risk of cyber attack. The Federal Bureau of Investigation has called attention to an increase in cyber-crime activity, targeting overburdened information technology systems and vulnerable work from home remote setups.  Further, the United States Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency has published a formal alert that cyber-criminals are targeting individuals and businesses through email and phishing scams. These phishing emails contain false updates and information regarding COVID-19 that an employee may open, exposing the system to risk. In addition to phishing scams, employees working remotely may log in using less secure hardware and software than an office setting provides, which may provide an easier pathway for cyber-criminals to enter a system. Employers should also be aware that with a majority of employees logging in remotely, it is easier for a cyber-criminal or “hacker” to blend in and secretly access systems. This leaves not only employer data at risk of being stolen, but sensitive client data as well. No business is immune to this increased risk of cyber attack, and high profile organizations have already suffered as a result of cyber-crime. One such example is the cyber attack on a medical facility tasked with working on a COVID-19 vaccine, leading to the publication of sensitive patient data. Businesses should plan a response to possible cyber attacks and consider the difficulty in...
Time Is Ticking for TikTok – The Countdown to Change In New York’s Privacy Laws.

Time Is Ticking for TikTok – The Countdown to Change In New York’s Privacy Laws.

By Amanda J. DeFeo and Jeffrey T. Miller. The right of privacy has been called the most esteemed right of a civilized man. This right however, as esteemed as it may be, is facing extinction due to the civilized man. In the late 90’s, the rise of the Internet changed the way society was able to obtain and share information on the “Info Highway.” By the dawn of the 21st Century, the switch from the Blackberry to the I-Phone started a revolution to the extent that technology is now an integral part of daily life. Even further, social media has transformed personal and professional interactions. Platforms such as Instagram, Facebook and Twitter have become a fundamental marketing tool for all businesses and have changed the realm of e-commerce and sales. In the wake of COVID-19, we have experienced communications, business meetings, classrooms, and legal hearings make an unprecedented shift to the digital platform. In our nation’s most desperate times, these advancements are most certainly a positive step towards a more effective and efficient future. However, every rose has its thorns. As technology continues to advance, there will be an increasing need for new privacy laws that keep pace with the changing times. This article will address the privacy issues we are currently facing today and how we can protect the esteemed right of privacy. In this digital age, we download, log-in, accept the terms and fail to consider the risk. That risk is the disclosure of personally identifiable information, or PII. PII can include your name, address, date of birth, employee data, login credentials, global positioning, financial information, and...
PMT Delivers a Win – Careful Reading of Contract Leads to Dismissal of Case

PMT Delivers a Win – Careful Reading of Contract Leads to Dismissal of Case

Court: Supreme Court, New York County Judge: Judge John J. Kelley Case Type: Subrogation for Property Damage Caption: Merrimack Mutual Fire Insurance Company a/s/o 11 East 22nd Street LLC c/o REM Residential v. Associated Fire Protection, Inc., Index No.: 160109/17REM Decision Date: March 5, 2020 Decision: Summary Judgment Was Granted Sharp attention to detail is why PMT lawyers get outstanding results for our clients day after day.  A recent case in which we won summary judgment for our client demonstrates the advantage that PMT brings to each case. In Merrimack Mutual Fire Insurance Company a/s/o 11 East 22nd Street LLC c/o REM Residential v. Associated Fire Protection, Inc.,  a subrogation claim, plaintiff insurer sought $200,000 paid to its insured for property damage, which, it alleged, was caused by our client, a plumbing contractor, during a regularly-scheduled test of the subrogor’s sprinkler system. A review of the applicable contract revealed that same contained a Waiver of Subrogation provision. PMT filed a Motion for Summary Judgment seeking to dismiss all claims based upon this provision. We argued that Courts repeatedly uphold Waiver of Subrogation clauses, finding that they merely allocate risk and don’t seek to exempt a party from liability. “A Waiver of Subrogation provision does not limit a plaintiff’s potential recovery; rather, it ensures that an injured plaintiff will be compensated and merely shifts the burden of compensation to an insurer.” PMT argued that this is exactly what happened in the instant matter: the contract required REM to have insurance, REM was insured by Merrimack, and Merrimack paid for the loss. REM has thus been made whole by its insurer...
Unprecedented Business Disruptions Caused by the COVID-19 Crisis

Unprecedented Business Disruptions Caused by the COVID-19 Crisis

By Daniel O. Dietchweiler  and Marc H. Pillinger. Unprecedented business disruptions caused by the COVID-19 crisis have shuttered many non-essential businesses including retail stores, restaurants, office buildings, and other commercial premises. These are extraordinary times and the government has heightened protections relating to transmission of the virus during this pandemic by taking extraordinary measures. As the impact of the COVID-19 pandemic continues to evolve, businesses should carefully consider the issues that are likely to play a significant role in the short and long term which may be the subject of disputes and litigation to come. Early retention of counsel to assess these issues may help to reduce litigation risk. The COVID-19 crisis has undermined stock markets, dropped bond markets to historically low yields, and threatens to undermine the world economy in ways not seen since the Great Depression. It is fair to foresee our society undergoing devastating economic dislocation both in the commercial sector and to consumers. As a result, some state and local governments have imposed emergency measures intended to separate people in an effort to mitigate transmission of the virus. Many businesses in the “non-essential” service sector have shifted from office based business operations to remote home based work environments. Though this creates a safer environment for our society to work through this crisis, it nevertheless will result in contractions throughout the economy generally. Thus, businesses may face threats to their very existence and in such times, this crisis may lead struggling businesses to make first party claims for business interruption under their existing policies. Business interruption coverage is added to a commercial property policy when an...
Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey

Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey

By Charlene Stewart Barnaba, Laurie A. Carroll and Anthony M. Napoli. COVID-19 has gripped the entire world and each of our local communities. The PMT Law Firm is working to keep our clients informed during these unprecedented times. PMT’s resource of knowledge and industry experts in a variety of important fields are working to keep you up to date and your business protected. We are here to answer your questions and address your concerns. As the impact of the COVID-19 pandemic continues to evolve, businesses should carefully consider a number of contractual provisions and operational issues that are likely to play a significant role in the short and long term and may be the subject of disputes and litigation to come. Early retention of counsel to assess these issues may help to reduce litigation risk. Please use these links to view how it’s affected your state: New York, Pennsylvania & New Jersey New York Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey Below is a summary of some of the provisions of Executive Order 202 necessitated by the coronavirus pandemic. The Board is conducting workers’ compensation hearings remotely, using the Board’s Virtual Hearings service. Injured workers can also choose to appear by phone. If an unrepresented injured worker is unable to participate in a hearing, it will be rescheduled. DVD and other evidence that the parties wish to introduce, should be mailed to the Board and the opposing parties within two days of introducing it at the hearing. In addition, if claimant is unable to see his/her attending physician due to the physician’s...