Representative Cases

79 A.D.3d 690, 913 N.Y.S.2d 274 (2nd Dept. 2010)
Decision affirmed the recovery of approximately $398,000.00 for our client's insurance carrier against the defendants and their carrier who had refused to assume their contractual obligations. The recovery . . .

65 A.D.3d 539, 884 N.Y.S.2d 120
Case of possible first impression setting forth that one insurance company can bring a declaratory judgment action against another insurance company without first settling the case if both companies allegedly . . .

21 Misc.3d 1121, 2008 WL 4709231
Justice Abraham G. Gerges, Supreme Court of New York, Kings County (2008). A judgment was obtained after a bench trial in this accounting action involving commercial real property in the amount of $2,370,802.32, . . .

64 A.D.3d1165
Determination that complaint fails to state a cause of action in bone tissue action.
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48 A.D.3d 716, 854 N.Y.S.2d 143 (2d Dept. 2008)
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8 N.Y.3rd 961 (2007)
After a jury found that the Industrial Code was violated but found that the violation was not a proximate cause of plaintiffs’ injuries, then nonetheless proceeded to determine that the principal . . .

7 N.Y.3d 412, 857 N.E.2d 60
Holding that General Obligations Law 5-321 does not preclude landlord from obtaining indemnity for its own negligence, as long as the parties have agreed to take out insurance covering the loss.
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17 A.D.2nd 365 (2nd Dept. 2005)
The Appellate Division affirmed dismissal of an employment discrimination complaint for failure of plaintiff to comply with the statutory requirements for seeking judicial review of a New York State Division . . .

12 A.D.3d 496, 784 N.Y.S.2d 633 (2d Dept. 2004)
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11 A.D.3d 571, 782 N.Y.S.2d 677 (2d Dept. 2004)
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7 A.D.3d 772, 776 N.Y.S.2d 964 (2d Dept. 2004)
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2003 WL 25556778 (N.D.N.Y.)
Summary judgment granted against plaintiff based on federal preemption concerning a medical device, which determination was eventually affirmed in the United States Supreme Court.. . .

309 A.D.2d 616, 767 N.Y.S.2d 411 (1st Dept. 2003)
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300 A.D.2nd 120 (1st Dept. 2002)
The Appellate Division held that where a crane is being used to move materials from one spot at ground level to another spot also at ground level and the boom of the crane fractures and falls on a worker . . .

289 A.D.2d 535, 735 N.Y.S.2d 189
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287 A.D.2d 540, 731 N.Y.S.2d 480
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286 A.D.2nd 626 (1st Dept. 2001)
The Appellate Division held that where one insurance policy provides that it is excess of primary insurance and another provides that it is excess of both primary and excess insurance, the policy that . . .

251 F.3d 404 (2001)
In an action for breach of a contract to sell real property the United States Court of Appeals for the Second Circuit reversed a judgment entered for plaintiff after a jury trial upon the basis that plaintiff . . .

280 A.D.2d 420, 720 N.Y.S.2d 497
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277 A.D.2nd 305 (2nd Dept. 2000)
The Appellate Division reversed grant of summary judgment and held that where an agreement for a subcontractor to procure insurance was never signed but work based on said agreement proceeded, there . . .

272 A.D.2d 462, 708 N.Y.S.2d 320
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94 N.Y.2d 839, 724 N.E.2d 366
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261 A.D.2nd 302 (1st Dept. 1999)
On appeal from a $2.8 million judgment the Appellate Division held that an industrial equipment manufacturer’s successor, which had a contract to maintain the equipment its predecessor sold, cannot . . .

258 A.D.2d 347, 685 N.Y.S.2d 223 (1st Dept. 1999)
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232 A.D.2nd 466 (2nd Dept. 1996)
The Appellate Division granted summary judgment and dismissed the complaint which sought to impose a constructive trust on funds in a joint account that passed to a joint tenant with right of survivor. . .

210 A.D.2d 380, 621 N.Y.S.2d 87
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