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...
By Jeffrey T. Miller. 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...
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...
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...
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...
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...
By Marc H. Pillinger. The First Department, Appellate Division, in March 2019, addressed an issue of the first impression and ruled that notes created by an observer of an independent medical exam...
By Jeffrey T. Miller. Social media such as Twitter, Facebook, Myspace and LinkedIn have become major resources in the legal world. Lawyers have found that these resources can provide accurate...
By Jeffrey T. Miller. 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...
By Edward J O’Gorman and Marc H. Pillinger. 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...