Melito & Adolfsen

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

Contact: Louis G. Adolfsen

  • (212) 238-8900
  • (212) 238-8999

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

Defendant has counsel at trial but appellate court says trial judge's evidentiary ruling denied him his right to counsel

Sometimes the legal result in a case just seems to make no sense. Here is one of those instances. A defendant was on trial. Another defendant had pled guilty in connection with the same crime. The defendant who was on trial…more
| Civil Procedure

Judge in NY County Supreme Court encourages insured to appeal her decision, following Mighty Midgets case, ruling that insured is not entitled to recover attorneys’ fees in affirmative DJ action

In a highly unusual decision, Judge Shirley Kornreich in Madison 96th Associates v. 17th East Owners Corporation, 43 Misc.3d 1210(A), denied an attorney-fee award to a prevailing plaintiff-insured in a declaratory judgment…more
| Civil Procedure, Civil Remedies, Insurance

How one family’s horrific loss of their daughter is shedding light on the complexities of establishing “the right to be forgotten” on the internet

An 18-year-old woman was decapitated when she drove her father’s sports car into the side of a concrete toll booth in California. The California Highway Patrol (CHP) secured the scene and took photographs. It was so horrific…more
| Privacy

Judge Posner’s suggestion in his concurrence in U.S. v. Boyce to rewrite the hearsay rule and its exceptions is generating a lot of Debate

Judge Posner in the 7th Circuit, widely regarded as one of the more thoughtful judges, believes that “the ‘hearsay rule’ is too complex as well as being archaic.” In U.S. v. Boyce, Boyce was convicted of being a felon in…more
| Criminal Law

Connecticut Supreme Court addresses insurer standing to pursue DJ against another insurer, “known injury” exclusion, allocation and more in Travelers v. Netherlands

In Travelers Cas. & Sur. Co. of America v. The Netherlands Ins. Co., the Connecticut Supreme Court recently ruled on several significant insurance coverage issues, including whether an insurer has standing to pursue a…more
| Insurance

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
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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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