In our world of insurance work, we are all aware that above 90% of cases settle before trial. Indeed, some estimate that the number of cases that settle before trial could be greater than 95%....
Pillinger Miller Tarallo, LLP Archives
Case by Case: Court of Appeals: Out-of-Possession Landlord
By 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 out-of-possession...
Costanzo, Jason P.
Jason P. Costanzo Partner C Jason P. Costanzo Partner E-mail: jcostanzo@pmtlawfirm.com Offices: Elmsford, NY Jason Costanzo is an experienced litigator and trial counsel representing clients...
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...
Ice Storm in Progress
Appellate Division Affirms Lower Court’s Grant of Summary JudgmentOn Basis of Plaintiff’s Own Testimony That There Was an Ice Storm in Progress Sometimes with summary judgment motions as with...
Rogak, Lawrence N.
Lawrence N. Rogak Of Counsel ; Lawrence N. Rogak Of Counsel E-mail: lrogak@pmtlawfirm.com Offices: Garden City, NY | Elmsford, NY | New York, NY Larry has been a practicing attorney for 38 years,...
New York Courts to Begin Presumptive Mediation for Civil Cases (ADR)
By Marc H. Pillinger. By the end of this year, New York State Courts are set to have a system in place requiring civil litigation to attempt to be resolved through presumptive mediation, rather than...