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
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 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
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
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
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
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
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
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
Peple v Highgate LTC Management LLC
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
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
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
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
A New York intermediate appellate court has made a ruling on allocation of the settlement of a lead paint claim between consecutive insurers of the same building. This ruling is significant, not only to lead paint cases, but to…more
Policyholders continue their imaginative efforts to shoehorn all kinds of claims into the “advertising injury” coverage afforded by commercial general liability policies since the New York Court of Appeals first addressed the…more
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