Melito & Adolfsen

233 Broadway
New York, New York 10279-0118, United States

Contact: Louis G. Adolfsen

  • (212) 238-8900
  • (212) 238-8999

Whether faulty workmanship constitutes an "occurence" continues to be revisited by courts across the country

Is there a shift in the longstanding majority view, including in New York, New Jersey and Connecticut, that construction defect claims do not constitute an occurrence when the damage is to the insured’s own work because it lacks…more
| Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Are counsel’s coverage opinions privileged in a subsequent coverage action with the insured? NY’s first department indicates not necessarily.

On 7/31/14, the First Department held that any documents that pre-date National Union’s disclaimer are not protected from disclosure by the attorney-client privilege or the work-product doctrine or materials prepared in…more
| Civil Procedure, Commercial Law & Contracts, Insurance

The Executory Accord

A litigator knows how to assert breach of contract. There may be other theories of liability as well, like anticipatory breach, interference with contract or unjust enrichment. But how many of you have ever heard of an…more
| Civil Remedies, Commercial Law & Contracts

New York Law on Extending the Statute of Limitations for Latent Injury Claims

The New York Court of Appeals, New York's highest court, recently provided important guidance on the question of whether an injury that occurred "mere hours" after exposure to a product can be deemed "latent" and thereby give…more
| Insurance, Products Liability, Toxic Torts

New York’s Highest Court Asked By Federal Court: Can Certificates of Insurance Estop An Insurer From Denying Coverage Under a Policy?

Insurance brokers, which may or may not be agents of an insurer, commonly issue certificates of insurance to policyholders, like subcontractors, who then furnish the certificates to third parties, such as owners or…more
| Civil Remedies, Commercial Law & Contracts, Insurance

Common Misunderstandings about the Care Required in Nursing Homes and Assisted Living Facilities in New York State

There are many misunderstandings about the responsibilities of nursing homes and assisted living facilities under the laws of the State of New York. This paper is intended to touch upon a number of these subjects and highlight…more
| Health

Why Google may beat Westlaw at Its Own Game By Louis G. Adolfsen

Westlaw and Lexis provide powerful legal research tools used by judges, lawyers and students all across the country. A new surprisingly powerful tool is Google Scholar. Westlaw and Lexis are private services which can be…more
| Law Practice Products & Services

Litigators -- Don’t make “speaking” objections and make sure you follow the rules if you tell a witness not to answer a question at a deposition

If you’re a litigator, you take and defend depositions. You’ve surely been at depositions where your adversary suggested you don’t know how to ask a question. You’ve also heard objections that are really speeches. You may have…more
| Civil Procedure

Conan O’Brien and the problem of omitted terms in a contract

According to the New York Times, the New York Daily News and many other news services, NBC is arguing that its contract with Conan O'Brien only guaranteed that he would be installed as the host of "The Tonight Show" but did not…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts

Tell Your Insurance Company about any Potential Claim

We like to tell what we call “cautionary tales” and advise clients, including law firms, that it is better to advise the insurance company of the potential for claim than to try and hope that there won’t be a claim when there is…more
| Insurance, Professional Malpractice

Criminal Liability of Businesses for Understaffing

In People v Highgate LTC Managemnt LLC, _____AD 3d_______(3rd Dep't., October 22, 2009), the Court held that a Limited Liability Company ("LLC") can be criminally liable and lose its license -- for simply being aware of chronic…more
| Business Organizations, Criminal Law, Health
Peple v Highgate LTC Management LLC

Criminal Liability for Understaffing

This is truly a "cautionary tale" about a Nursing Home that was held criminally liable for the acts of an employees. The Court held that a Limited Liability Company ("LLC") can be criminally liable and lose its license --…more
| Business Organizations, Criminal Law, Insurance

Late Notice In New York

New York’s No Prejudice Rule: The Rule Remains as to Policies Issued Before January 20, 2009. After that date, Prejudice must be shown in some cases but the New Statute has complex rules. Please see full article below for…more
| Civil Procedure, Insurance, Personal Injury

The Pollution Exclusion

Having addressed the meaning of “accidental” in the “sudden and accidental” pollution exclusion in 1989 in Technicon, it took eight years before the New York Court of Appeals, in a case handled by Melito & Adolfsen and others,…more
| Civil Remedies, Environmental Law, Insurance, Toxic Torts

Insurance Coverage For Arson

Can a business co-owned by an admitted arsonist who pleads guilty to mail fraud in connection with filing a false insurance claim recover under a fire insurance policy? Not possible, right? Please see full article below for…more
| Commercial Law & Contracts, Criminal Law, Insurance
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Areas of Practice
  • Appellate Practice
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Insurance
  • International Law & Trade
  • Litigation
  • Personal Injury
  • Products Liability
  • Toxic Torts
Locations
Other U.S. Locations
  • New Jersey
Number of Attorneys

11-24 Attorneys

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