News & Of Interest

Defendants Provide Non-Negligent Explanation

In Bello v. Masters Auto Collision of Long Is., Inc., the Second Department recently addressed whether the defendants were not at fault in the subject car accident. The plaintiff was a passenger in a vehicle driven by co-defendant Alcantar which allegedly struck the rear of a vehicle owned by defendant Masters Auto and operated by defendant Mendez. Masters Auto and Mendez moved for summary...Read More

Western District of Pennsylvania Denies Reformation of Service Contract’s Indemnity and Insurance Provisions (PA)

In the recent case captioned Complaint of Borghese Lane, LLC, No. 2:18-CV-00533-MJH, 2023 WL 3060705 (W.D. Pa. Apr. 24, 2023), the District Court for the Western District of Pennsylvania granted a motion for partial summary judgment in favor of a party which claimed it had suffered a breach of contract to the extent that it was not named as an additional insured on its contract partner’s...Read More

Your Neighbor’s Point of View Can Help Overcome Motion for Summary Judgment (NY)

When a defendant obtains a summary judgment against a plaintiff, the fight does not end there. While the discretion ultimately remains with the court, a summary judgment may be reversed on appeal if the opposing party submits evidence that raise a triable issue of material fact. For example, in Abramson v Janowski’s Hamburgers Inc. 2023 NY Slip Op 02293 (2d Dep’t May 3, 2023), plaintiff...Read More

Why Appealing Pro Se Can Be An Appeal Killer (NY)

In Wells Fargo Bank, N.A. v. Kim Davis, et al., Index No. 500310/14, 2019-12927, pro se appellant Kim Davis made one critical mistake in her appeal on this matter, and that was not retaining an attorney. After Davis defaulted on her mortgage in 2010, Wells Fargo Bank began foreclosure proceedings on Davis’s property in 2014. When Davis never answered, Wells Fargo moved for default in 2015...Read More

PA Commonwealth Court Unanimously Rejects Lead Paint Claims Brought Under a Novel Public Nuisance Theory

On May 5, 2023 in a lawsuit entitled Atlantic Richfield Company, et al. v. The County of Montgomery, Pennsylvania, No. 1338 C.D. 2021 (Pa. Comm. Ct. 2023), an unanimous en banc panel for the Pennsylvania Commonwealth Court ordered the dismissal of a suit filed by Montgomery County seeking to hold paint manufacturers liable for lead paint in residential structures under a novel theory of public...Read More

NY Appellate Court Refuses To Deny Summary Judgment On Lengthy Delay Of Notice In Insurance Case

The Supreme Court of New York, Appellate Division, First Department, recently denied opposing motions for summary judgment in a coverage declaratory judgment action, holding that despite a several-year delay in providing notice, there existed issues of fact as to whether the plaintiffs gave notice as soon as reasonably proper under the circumstances. The action involves plaintiffs National...Read More

Punitive Damages Denied In Red Light Auto Case (PA)

In Koch v. Lawson, 2023 U.S. Dist. Lexis 65802, 2023 WL 2923139, a Pennsylvania Court held that simply driving through a red light did not rise to the level to warrant punitive damages. In Pennsylvania, punitive damages are proper, “when a person’s actions are of such an outrageous nature as to demonstrate intentional, willful, wanton or reckless conduct.”  In order to seek...Read More

Being On Site Two Years Before The Date Of Loss, May Prevent Summary Judgement (NY)

Generally, liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of the property. However, the Second Department in Lyman v. Cablevision of Ossining Ltd. Partnership, et al., 2023 NY Slip Op 02116, (2023), recently held that Cablevision was unable to escape on summary judgment, when they did not own the property and their...Read More