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Legal News & Notes

First Department Affirms $10 Million Award for TBI and Declines to Address Practice of “Anchoring” at Trial

Plaintiff Marion Hedges was seriously injured when two 12 year-old boys threw a shopping cart over a 4th floor balcony which struck Hedges while she was standing on the first floor.

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Sometimes a Fall Off a Scaffold Is Not Enough for Summary Judgment Under Labor Law §240(1)

The plaintiff filed suit seeking damages as a result of injuries sustained when he fell from a scaffold that was approximately 6 ft. in height and which lacked guardrails on the sides.

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Joanna Roberto Published in DRI’s December Edition of For the Defense

Can an insurer limit its obligation using the 2013 ISO AI endorsement to correspond with the terms of a trade contract?

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Questions of Fact Over Waiver and Estoppel Preclude Insurers’ Motion for Summary Judgment

In 2008 the Long Island Power Authority (“LIPA”) requested proposals for solar power installations in Long Island. EDF Renewable Development and its subsidiary, Eastern Long Island Solar Project, LLC (hereinafter “EDF Companies”) were ultimately selected as the successful bidder. Suffolk County,...

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Failure to Meet Its Evidentiary Burden Robs Insurer of Summary Judgment

The plaintiff was the titled owner of a single-family home that had a stone veneer exterior which . allegedly suffered water-related damage as a result of wind-driven rain. Plaintiff provided notice to the defendant insurer which had issued a homeowner’s policy.

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The First Department Hands out A Rare Win Based on The Failure to Appear for An EUO

The defendants had submitted claims to plaintiff for no-fault benefits arising out of an underlying auto accident. The insurer had denied coverage based upon the claimant’s failure to sign and return the transcripts of their respective examinations under oath. The court viewed signing the...

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