Melito & Adolfsen

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

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

Advertising Injury Coverage

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

| Commercial Law & Contracts, Insurance

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