News You Can Use
If the Contract/Insurance Policy Doesn’t Say It Specifically, You Might Not Have It
This is a first for PMT. We have never before reported on two cases together. However, this is a special circumstance as these cases read together are “game changers” when it comes to loss transfer. Two recent Court of Appeals decisions underscore the primacy of...
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Slip and Fall Scheme Rakes in Over $30m and The Five Men Behind it Have Been Charged with Defrauding NYC Area Businesses and Their Insurance Companies
A fraudulent slip and fall scheme has led to the indictment of five New York residents being charged with defrauding New York City area businesses and their insurance companies of more than $30 Million Dollars. Peter Kalkanis, a former chiropractor, Bryan Duncan,...
read moreCourt of Appeals: Showing of absence of comparative negligence not required in moving for summary judgment.
On April 3, 2018, New York’s highest state court, in Rodriguez v. City of New York, 2018 NY Slip Op. 02287, held, in a 4 to 3 decision, plaintiff need not “demonstrate the absence of comparative negligence to be entitled to partial summary judgment as to a...
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Court of Appeals Makes Social Media Network Material Discoverable
A Facebook user can no longer prevent the discovery of private postings on their Facebook page. On February, 13, the Court of Appeals unanimously ruled that the threshold for discovery inquiries is not whether the materials sought are private but instead whether they...
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Social Media and Heavy Cross Examination from PMT Attorneys, Ernest Bernabei assisted by Lisa Gradner, Deliver Construction Client Defense Verdict.
Ernest Bernabei, assisted by Lisa Grandner, obtained a defense verdict before a jury in Atlantic County, New Jersey on January 31, 2018. A substantial amount of time and effort was expended in dealing with serious evidentiary issues arising from the Plaintiff’s...
read moreLegislature Makes Forum Shopping Easier
The New York State legislature recently passed an amendment to CPLR 503(a) that makes venue proper when a case is initiated in a “county in which a substantial part of the events or omissions giving rise to the claim occurred.”The New York State legislature recently...
read morePMT Attorneys Ernest Bernabei and Harminda Morales Obtain Defense Verdict in Hudson County, NJ
On July 25th, 2017, after a 6-day jury trial, PMT partner, Ernest J. Bernabei, assisted by associate, Harminda Morales, obtained a defense verdict in the Hudson County, New Jersey Superior Court. Hon. Jeffrey Jablonski presided over this premises liability matter in...
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Important AI Coverage Decision
On June 6, 2017, the Court of Appeals in New York held that when an insurance policy states that additional insured coverage applies to bodily injury “caused, in whole or in part” by the “acts or omissions” of the named insured, the coverage applies to injury...
read moreCulpability and Spoliation:
FRCP Rule 37(E) and New York Law
Culpability is often a central issue in spoliation claims. In Sarach v M & T Bank Corp., 2016 NY Slip Op 04820 [4th Dept June 17, 2016], a recent Fourth Department case, the Court found that defendant’s violation of a CPLR 3102(c) Order for pre-action...
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