Summing Up June 2021

Plaintiff Successfully Invalidates Pre-Suit Settlement Release In Cain-Henry v. Morgan and Simkin-James, et al, (4th Dept., May 7, 2021), plaintiff commenced a personal injury action after being involved in a motor vehicle accident with defendants Morgan and Simkin-James. Approximately two months after the accident, plaintiff signed a general release from defendant Morgan’s insurance carrier, relieving…

Summing Up May 2021

Plaintiff Fails to Demonstrate as a Matter of Law that Defendant Officer Was Not Involved in an Emergency Operation at the Time of the Motor Vehicle Accident In Torres-Cummings v. Niagara Falls Police Dept., (4th Dept. 2021), the plaintiff sustained injuries as a result of a collision with a police vehicle operated by Officer Kelly…

Summing Up April 2021

Elk’s Lodge Deemed “Specialty Property” for Purposes of Damages In Benevolent & Protective Ord. of Elks of United States of Am. v. Creative Comfort Sys., Inc., 2021 NY Slip. Op. 01672 (4th Dep’t Mar. 19, 2021), the plaintiffs brought suit seeking damages sustained as the result of a fire caused by defendants’ negligent installation of…

Summing Up March 2021

Plaintiff’s Motion to Amend Complaint Granted when Defendants Could Not Establish Delay or Prejudice Pitt v. The Hague Corp., et al, 2021 N.Y. Slip Op. 00730 (4th Dept., February 5, 2021) Plaintiff, Veronica Pitt, allegedly sustained injuries when she slipped in water that leaked from a vending machine located in a building owned by defendant,…

Summing Up February 2021

Indemnity Reduction Clause in Accident Insurance Policy Did Not Violate New York’s Consumer Protection Law In the matter of Greene v. National Income Life Ins. Co., 2020 Slip Op 00092 (4th Dept., December 23, 2020), plaintiff, a beneficiary of her late husband’s accident insurance policy, commenced an action against the defendant, National Income Life Insurance…

Summing Up May 2020

Third Department Considers Coverage Issue Regarding Business Interruption Insurance In Binghamton Precast & Supply Corp. v Liberty Mut. Fire Ins. Co., 2020 NY Slip Op 02214 (3rd Dep’t Apr. 9, 2020), the plaintiff maintained business interruption insurance through defendant Liberty Mutual.  Plaintiff was a manufacturer, seller and distributor of precast concrete products.  Plaintiff’s concrete mixer…

Summing Up April 2020

Appellate Division Dismisses Complaint as Barred by the One-Year Statute of Limitations In Kessel v. Adams (4th Dept. 2020), the plaintiff, a school teacher, sought damages as a result of injuries she sustained when two of her students began fighting and the plaintiff was propelled into a locker.  The plaintiff asserted a negligence cause of…

Summing Up March 2020

Defendant Denied Summary Judgment When Its Own Submissions Create a Question of Fact In Carroll v. Willow Bend Farm, LLC, et al, (4th Dept., February 7, 2020), plaintiff alleged to have been injured following an accident which occurred while she was a passenger on a motorcycle operated by defendant Jack Moses Baker. The accident occurred…

Summing Up February 2020

Slimy By Nature In Griffin v. Anthony, et al (4th Dept., 2020), plaintiff commenced an action for injuries she sustained as a result of slipping and falling on a front porch of the home owned by the defendants. In support of plaintiff’s position, plaintiff took photographs of the porch approximately five weeks after the fall…

Summing Up January 2020

Plaintiff Survives Summary Judgment Thanks to Testimony of Neurosurgeon In Taylor v. Kelly, 2019 N.Y. App. Div. LEXIS 9243 (4th Dept. December 20, 2019), the plaintiff brought an action against the defendant for injuries she allegedly sustained when the vehicle she was driving was rear-ended by the defendant. The plaintiff claimed to have sustained injuries…