Summing Up December 2017

Fourth Department Protects a Portion of the Claims File Including Information Related to Reserves and Pre-Litigation Legal Opinion from Carrier’s Counsel In Celani v Allstate Indem. Co., 2017 NY Slip Op 07799 (4th Dept. 2017), the plaintiff, individually and on behalf of her infant daughter, commenced suit seeking damages for injuries sustained by her daughter…

Municipal Update November 15, 2017

Defendants’ Alleged Negligence was Not a Proximate Cause of the Accident In Gregory v. Cavarello, (4th Dept. 2017) a case in which Chelus, Herdzik, Speyer & Monte, P.C. represents defendant Steven Cavarello, the Fourth Department dismissed the case as against defendants National Fuel Gas Distribution Corporation, Municipal Pipe Company and the City of Buffalo. Plaintiff,…

Summing Up November 2017

Defense Counsel’s Statements at Trial Did Not Improperly Reference Insurance Coverage Boehm v Rosario, ___ AD3d ___, 2017 NY Slip Op 07049 (4th Dept. 2017), is a negligence action in which plaintiff sought damages for injuries allegedly sustained in a motor vehicle accident. After trial, the jury found both plaintiff and defendant negligent, apportioned fault,…

Business News for November 2017

Clean Power Plan Dismantled by E.P.A. The Environmental Protection Agency announced on October 10 that Scott Pruitt, the chief of the agency, had signed a measure to repeal President Barack Obama’s signature policy to curb greenhouse gas emissions from power plants known as the “Clean Power Plan.” The Clean Power Plan was first proposed by…

Summing Up October 2017

Plaintiff Fails to Demonstrate Diligent Efforts to Identify Defendants Prior to Expiration of Statute of Limitations In Walker v. Hormann Flexon, LLC, 153 A.D.3d 997 (3rd Dept. 2017), the plaintiff appealed from a Supreme Court Order, which granted defendant Rytec Corporation’s motion to dismiss. The plaintiff commenced an action on August 1, 2014, three days…

Summing Up September 2017

Second Department Affirms Order Dismissing Lawsuit Where Plaintiff Failed to Oppose Defendant’s Motion for Summary Judgment In Kisiletskiy v. Pena, 2017 N.Y. Slip Op. 06261 (2nd Dept., 2017), the plaintiff sued the defendant for injuries allegedly sustained following the occurrence of a motor vehicle accident. The defendants moved for summary judgment on the grounds that…