Partner Bob Cosgrove and associate Gabi Outlaw were awarded summary judgment in the case of Byron Vera v. Shahram Ohebsion, et al. In this Suffolk County, NY case, plaintiff Byron Vera (“Vera”) alleged that he was injured when he fell from a ladder while installing an air conditioning unit in defendant Shahram Ohebsion’s (“Ohebsion”) New York home. Vera claimed the defendants negligently...Read More
The Pennsylvania Supreme Court recently opined that the duty to defend extended to claims arising from injuries sustained when the insured shot a victim in the face. In Erie Insurance Exchange v. Moore, et al., No 20 WAP 2018, 2020 WL 193242 (Pa. April 22, 2020), the insured broke into his ex-wife’s home intending to murder her and then commit suicide. The ex-wife’s boyfriend arrived on...Read More
Last year in Xiang Fu He v. Troon Mgt. Inc., the Court of Appeals held that out-of-possession landlords are no longer able to contract away liability based on New York City Administrative Code §7-210. This has led to many previously sound summary judgment decisions being reversed on appeal.
In Herrera v. Vargas, the Bronx County Supreme Court granted defendant summary judgment in 2017 based on...Read More
The recommendations from The New York State Bar Association (“NYSBA”) to bring lawyers and staff back to their offices are here, and with no surprise to anyone, they’re telling lawyers and staff to keep their masks on and keep their office door closed.
Under Governor Cuomo’s re-opening plan (the “New York Forward Reopening Plan”), non-essential businesses will be permitted to re-open in each...Read More
In Shiflet v. Lehigh Valley Health Network, Inc., the Pennsylvania Supreme Court affirmed the trial court’s $2,391,620 verdict in favor of the plaintiff under the “general-verdict rule,” which states that “when a jury returns a general verdict involving two or more issues, and the verdict is supported as to at least one issue, the verdict will not be reversed on appeal.”
The plaintiff in...Read More
In Pierchalski & Abraham v. Thomas, Gemma Pierchalski and Joseph B. Abraham (“Plaintiffs/Appellants”) appealed an order dated April 4, 2019 entering judgment in their favor, following a jury trial in Pennsylvania. The underlying lawsuit involved a rear-end collision that occurred in June, 2012. Appellants sought economic and non-economic damages due to injuries suffered by Pierchalski in...Read More
Following Gov. Cuomo’s Executive Order back in March — which feels like ages ago – new lawsuits were barred in New York on non-essential matters.
But as per J. Marks newly issued order on May 20, 2020, starting after Memorial Day, new lawsuits on “non-essential matters” may be filed again. We have been privy to many discussions among attorneys in recent weeks, to...Read More
Now that much of the world has adjusted to social distancing guidelines,and shifted to operating through video conferencing platforms such as Zoom, the elephant in the legal room is how to safely conduct a jury trial in this new environment. Typically, the jury process involves hundreds of individuals closely seated in room, waiting to be selected for questioning and, if selected for a jury,...Read More