News You Can Use
HOT TOPICS – An Ounce of Prevention: Premises Liability in the COVID-19 Era and What Commercial Property Owners Need to Know
By Jeffrey T. Miller. As COVID-19 rapidly swept the nation, closing the doors of thousands of businesses since March, owners are anxious to flick on their “OPEN” signs and return to work after nearly six months. Restrictions are lifting and businesses are re-opening,...
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 the concept of acquiescence to expand liability under Labor Law 240...
The PMT Advantage – Three PMT Attorneys Acknowledged for a High Degree of Peer Recognition and Professional Achievement
What does it mean to have The PMT Advantage on your side? Outstanding lawyers. Period. Each PMT attorney selected to a Super Lawyers list has undergone a multi-phase selection process. Three PMT attorneys received this accolade for multiple years in a row. Being...
New York Workers’ Compensation Board Clarifies: Workers Can Receive Compensation Benefits if They Get COVID-19 While Working
By Anthony M. Napoli. The New York State Workers’ Compensation Board has issued guidance and clarified that a worker who contracts COVID-19 while working is entitled to Workers’ Compensation benefits. The Board noted that the claim would be reviewed by the...
PMT Delivers a Win – Snow, Shortcuts and Accidents
By Anthony M. Napoli. Court: Supreme Court, State of New York Dutchess County Judge: Hon. Hal B. Greenwald Case Type: Slip and Fall Caption: Adami v. Ridgefield Apartment Associates, LLC Index No.: 2017-52447 Decision Date: July 17, 2020 Decision: Summary Judgment...
Look What We Found: Legislature Revises Immunity Provisions for Health Care Facilities
By Jeffrey T. Miller. We recently told you about a limitation of liability provision for hospitals and nursing homes that was inserted into the last New York State budget. This provision granted immunity from civil and criminal liability for any harm or damage...
PMT Special Report: Jeff Miller, Doing What PMT Does Best – 24 out of 25 Cases Settled at Mediation Days
By Jeffrey T. Miller. While some things in the Insurance industry slowed down during the pandemic, here at PMT we were racing ahead working on a challenge by one of our carriers. Our carrier asked PMT to select from a portfolio of habitation cases those which were...
Look What We Found: Liability Shield Added Into New York State Budget for Hospitals and Nursing Homes for COVID-19
By Jeffrey T. Miller. Although every industry wants immunity from liability, the hospital and nursing home industry got just that in the latest New York State budget bill. After months of lobbying and with the investment of hundreds of thousands of dollars in fees to...
PMT Delivers a Win – Exaggerated Claims Doom Plaintiff’s Case
By Shawn M. Weakland. Court: Supreme Court, Kings County Judge: Hon. Wayne P. Saitta Case Type: Automobile – Rear-end Accident Caption: Jerry Gonzalez v. Jaquan Hinson Index No.: 1108/2015 Decision Date: March 6, 2020 Decision: Jury 6 – 0 / All Issues Many...
PMT Delivers a Win – Forcing Plaintiff to Prove Her Case Results in Dismissal of Case
By Jeffrey T. Miller. Court: Supreme Court of the State of New York – Orange County Judge: Maria S. Vasquez-Doles Case Type: Slip and Fall / Premises Liability Caption: Estelle Brown, Individually, and Estelle Brown as Executrix of the Estate of et al v. Patriot...