Summing Up April 2019

Plaintiff Denied Summary Judgment Relative to His “Serious Injury” In Savilo v. Denner, 2019 N.Y. App. Div. LEXIS 1920, the Fourth Department reversed an order granting the plaintiff’s motion for summary judgment on the issue of serious injury as defined by Insurance Law § 5102 (d). First, the court held that the “plaintiff failed to…

Summing Up March 2019

Municipality’s Cross-Motion for Summary Judgment Deemed Premature When the Motion was Based on Materials Likely in the Plaintiff’s Possession In Beck v. City of Niagara Falls, 2019 NY Ap. Div. Lexis 10002, a premise liability action, 17-year-old Daniel J. Beck alleged injuries sustained while working as an employee of the National Maintenance Contracting Corporation (NMCC),…

Summing Up February 2019

“Child Victims Act” Drastically Increases the Statute of Limitations for Cases of Child Sexual Abuse in NYS On January 28, 2019, the New York State Legislature passed a bill that increases the statute of limitations for cases of child sexual abuse. It applies to claims against abusers as well as private and public institutions such…

Summing Up January 2019

Insurance Company Cannot Disclaim Coverage Following Fire Deaths  In Waddy v Genessee Patrons Coop. Ins. Co., 2018 NY Slip Op 05794 (3rd Dep’t Aug. 16, 2018), the defendant had issued a homeowners insurance policy to two individuals who operated a certified respite home for the elderly and special needs adults out of their home. In…

Summing Up July 2018

Defendants’ Own Submissions Raise Triable Issues of Fact Relative to the “Serious Injury” Threshold In Monterro v. Klein and Erie County Water Authority, 2018 NY Slip Op 03002 (4th Dept. April 27, 2018), the plaintiff brought an action against the defendant for injuries sustained in a motor vehicle accident.  Defendant moved for summary judgment on…

Summing Up May 2018

Undefined Policy Term Leads to Summary Judgment for Plaintiffs In Smith v Safeco Ins. Co. of Am., 2018 NY Slip Op 02055 (4th Dep’t Mar. 23, 2018), the plaintiffs brought suit seeking to recover insurance proceeds after their home was damaged by water following a water main break on their street.  In their amended complaint,…

Summing Up March 2018

Appellate Division Reverses a Finding of Liability Pursuant to Labor Law §240(1) in a Case Involving a Fall from a Ladder. In Bonczar v. American Multi-Cinema Inc., et al, (4th Dept., February 2, 2018), the plaintiff commenced a personal injury action for injuries he alleged to have sustained after falling from a ladder in the lobby…

Summing Up February 2018

Carrier Entitled to Offset of All Occupants of Vehicle in Sum Case As discussed in In the Matter of the Arbitration Between New York Central Mutual Fire Insurance Company and Brandon J. Baker, (4th Dept. 2017), Brandon J. Baker was injured in a motor vehicle accident while riding as a passenger in a vehicle driven…

Summing Up January 2018

Plaintiff Entitled to Subpoena Billing and Payment Records of Defendants’ IME Expert In Porcha v. Binette, (4th Dept. 2017), the plaintiff commenced an action for injuries she sustained as a result of a motor vehicle accident.  The defendants served plaintiff’s counsel with a notice for an Independent Medical Examination, which was later performed by Dr.…

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…