News You Can Use
Changes in Kings County As To Jury Selection and New Mandatory Alternative Dispute Resolution
By Marc H. Pillinger. New trial procedures will be going into effect on January 1, 2020, in Kings County. When you select a jury after January 1, 2020, when you finish picking, you will immediately report for assignment and be sent out for trial on that day. Under...
PMT Winning in Court: Battle Tough and Trial Ready (Dec 2019)
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%. The reasons for this are simple and obvious: parties to a lawsuit,...
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 landlord is liable for a violation of NYC Administrative Code Section...
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 action arising out of an injury to a construction worker who was unloading...
PMT Announces New Buffalo, NY Location and New Partner, Kenneth A. Krajewski
PMT’s new Buffalo NY office location and new partner combine to enhance service to clients The law firm of Pillinger Miller Tarallo, LLP is delighted to announce their newest location — the firm’s ninth. The new office is located at 500 Corporate Parkway, Suite 106,...
Case by Case: Our Clients Speak
By 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 that when there is an accident and the client is sued, this will be a very stressful,...
Case by Case: Winds of Change? Second Department Adopts Tougher View of Safe Place To Work
By Jeffrey T. Miller. 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 for the construction industry and insurance industry. This would...
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 reasonably possible. This requirement applies to all insurance companies...
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 everything else, persistence is the key. Unfortunately, lower courts don’t...
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 in open court. This future transition to presumptive mediation will...