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Victory on Appeal for Andrea Ferrucci in the Appellate Division 6-28-2017

Congratulations to Andrea Ferrucci for a victory on Appeal in the Appellate Division Second Department on Madtes v. Scher, 151 A.D.3d 1049, 54 N.Y.S.3d 588 (N.Y. App. Div. 2017), decided on June 28, 2017. The appeal was from a jury verdict in favor of the defendants entered on January 21, 2015 in a case Tom […]

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Great defense verdict for Gil Hardy 6-28-2017

Congratulations to Gil Hardy for a defense verdict on June 28, 2017 in Nassau County before Judge Thomas Feinman on the issue of liability in HARVEY DUPUY v JAMIE ELYSE GORMAN, MICHAEL GORMAN, et. al. (Index No.: 3742/13)

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Bob Brown wins a liability defense verdict 6-27-2017

Congratulations to Bob Brown for a defense verdict on June 27, 2017 in Suffolk County before Judge Joseph A. Santorelli on the issue of liability in WILLIAM BREWER v. SERINA L. ROSS, MILTON E. NIELSON, JR., et. al. (Index No. 08616/11)

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Appealing No Fault Arbitration Awards

11 NYCRR 65-4.10 codifies the standard of review of a No Fault Arbitration award by a Master Arbitrator. An award by an arbitrator rendered pursuant to section 5106(b) of the Insurance Law and section 65-4.4 or 65-4.5 of this Subpart may be vacated or modified solely by appeal to a master arbitrator, and only upon […]

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Is There A Duty To Prune?

Can a Homeowner be sued for failing to trim their tree which obscures the view of a stop sign? The answer is, it depends where you live. The rule in New York is that: "The municipality has a duty to maintain its roads and highways in a reasonably safe condition (see Stiuso v. City of […]

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Over $5 Million for 34 Year Old Plaintiff Affirmed on Appeal

What would be considered reasonable damages in Suffolk County for a 34 years old plaintiff who underwent a laminectomy and spinal fusion surgery? Would anyone answer $5,837,591.36? Take a look at Kowalsky v County of Suffolk decided on May 18, 2016 by the Appellate Division, Second Department At the trial on the issue of damages, […]

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The Anti-Subrogation Rule

On May 5, 2016, the New York Court of Appeals in Millennium Holdings LLC v. Glidden Co., addressed the extension of the New York Anti-subrogation rule to third parties who are not covered by the insurance policy. In rejecting the extension in this case, based on a lead paint claim, the Court stated: "If we […]

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What Kind of Guy Would Sue His Own Mother?

See Giordano v Giordano (2016 NY Slip Op 04177) decided on June 1, 2016 by the Appellate Division, Second Department. In this case the Plaintiff went into the garage at his mother's house to obtain Christmas decorations from the garage attic. A ladder had already been set up by Plaintiff's son. Upon climbing the ladder, […]

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