Defendants were granted summary judgment in this declaratory judgment action, finding Mapfre Insurance was obligated to defendant and indemnify insured defendants. The Appellate Division reversed, and summary judgment was denied. Separate Respondents were involved in an altercation outside a bar, in which insured Respondent struck Co-respondent in the head with a baton. Co-respondent commenced a […]
March 29, 2023
Defendant’s motion for summary judgment pursuant to Insurance Law § 5102(d), was granted. The Appellate Division affirmed...
July 26, 2022
Defendant’s motion for summary judgment was granted in this slip and fall case. The Appellate Division affirmed. Plaintiff alleges injury after falling on ice in a NYC parking lot owned by defendant. “Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party… However, a party that […]
March 29, 2022
Defendant was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division affirmed. Plaintiff was riding his bicycle, when he made a left turn and struck defendant. "With few exceptions not relevant in this case, a person riding a bicycle on a roadway is entitled to all of the […]
Third-party defendant’s motion for summary judgment was denied. The Appellate Division affirmed. Differing versions as to how the motor vehicle accident occurred, and conflicting testimony raised issues of fact as to proximate cause. Defendant alleged observing third-party defendant repeatedly changing lanes and speeding.
Co-defendant was awarded summary judgment on the issue if liability in this motor vehicle accident. The Appellate Division reversed. Plaintiff was a passenger in defendant’s vehicle. Defendant testified that an unknown speeding vehicle cut him off, causing him to veer into the right lane, and then onto the shoulder to avoid a collision. Defendant’s vehicle […]
In this rear-end motor vehicle accident case, after plaintiff rested their case at trial, defendant moved for directed verdict pursuant to CPLR 4401, which was granted by the trial court. The Appellate Division affirmed.At trial, plaintiff testified that the vehicle he was driving was struck in the rear. However, plaintiff did not remember who struck […]
Plaintiff's moved pursuant to CPLR 5015(a)(1) to vacate an order granting defendant's unopposed motion for summary judgment on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The Appellate Division affirmed. “On appeal, the defendant does not contest the Supreme Court's determination that the plaintiff established a reasonable excuse […]
In this multiple fatality case, commercial co-defendant’s motion for summary judgment was denied, and plaintiff’s motion was granted, finding all defendants liable as a matter of law. The Appellate Division affirmed. Plaintiffs’ decedent was a passenger in defendant’s vehicle, when the vehicle collided with co-defendant’s garbage truck, which was travelling in the oncoming direction and […]
March 27, 2022
Defendant’s motions pursuant to CPLR 3211(a) to dismiss the cause of action based on breach of fiduciary duty were denied in this CVA action. The Appellate Division reversed, and granted dismissal. A cause of action for damages for breach of fiduciary duty must be pleaded with particularity under CPLR 3016 (b). Two essential elements of […]
