Fatima Grant Hernandez v. Donna Corrado d/b/a Nicholas Corrado Contracting, et al.
Ralph A. Cosentino of our New York office obtained a dismissal of the plaintiff's complaint and the third-party complaint in the Supreme Court, Bronx County action against our client, Donna Corrado d/b/a Nicholas Corrado Contracting. Plaintiff alleged that she was injured in a motor vehicle accident caused by icy pavement within the parking lot of a shopping center owned by the co-defendant. Mr. Cosentino successfully argued that under The New York State Court of Appeals case of Espinal v. Melville Snow Contrs., 98 N.Y.2d, 746 N.Y.S.2d 120 (2002), the client snow removal vendor did not have a duty to the plaintiff who was not a party to the snow removal contract; therefore, it could not be found liable in the instant matter.
Judge Wilma Guzman of Bronx County, Supreme Court granted our motion and found that the facts and circumstances surrounding this matter did not avail themselves to any one of the three Espinal exceptions, and that the plaintiff failed to establish that Nicholas Corrado Contracting had notice of the alleged icy condition. (February 2013)
Masters v. Xinos Construction Corp. et al.
Kristin L. Weinberger successfully obtained a grant of summary judgment dismissal of the plaintiff's complaint and all cross-claims against our client, Xinos Construction Corp. This lawsuit emanated from an accident where the plaintiff's decedent fell due to the presence of a construction tarp while she was descending the exterior steps in front of a residential apartment building. Plaintiff's decedent was 90 years old on the date of the accident. She passed away approximately four years later, during the pendency of this litigation. The subject action was commenced against the owner of the premises and the property manager of the premises, as well as our client, a company that was hired by the owner to perform brick restoration work on the façade of the subject apartment building. It was successfully argued that the plaintiff's decedent did not identify the condition which caused her to fall with any specificity during the two days of her deposition.
The decision of Justice Wilma Guzman of the Supreme Court, Bronx County held that this affidavit was self-serving and designed to overcome the decedent's harmful deposition testimony and thus, insufficient to defeat the defendant's motion for summary judgment. (February 2013)
Sabel v. HSBC USA Inc.
The firm represented defendant HSBC USA Inc. in a lawsuit pending in New York County, Supreme Court commenced by the plaintiff, Randi Sabel d/b/a Dreadlocks by Randi. Plaintiff Sabel asserted claims for "harassment" and defamation emanating from a series of allegedly defaming phone calls, text messages and postings on blogs by the co-defendant, who was employee of HSBC. It was alleged that the co-defendant performed some of the aforementioned activities while at her place of work claimed to be an HSBC bank. We filed a pre-answer motion to dismiss the plaintiff's complaint for failure to state a cause of action on the grounds that New York does not recognize a civil cause of action for harassment. It was also argued that HSBC, as an employer of the co-defendant, could not be held liable for defamation since the employee was not acting within the scope of her employment at the times the alleged defamatory statements were made, and the acts allegedly committed by the employee were solely for personal motives unrelated to the furtherance of HSBC's business.
Through the successful efforts of Kristin L. Weinberger, Esq. of our New York City office, plaintiff eventually agreed to voluntarily discontinue her action against HSBC. (February 2013)
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Who Are You (As defined and used in standard general liability policy form)
The No-Liability Clause
What Exactly Is A Pollutant Under The Pollution Exclusion?
Underwriting A Whole Different Risk: When The Excess Insurer Has A Duty To Defend
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Pre Law Preparation
Strengths and Weakness of Maintaining a Self-Insured Retention
Food and Beverage Liability, New Issues, New Strategies
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Firm names seven new partners
Firm co-sponsors Claims Litigation Management New York Chapter event on February 12
New York Claim Association honors Phil McManus
Lourdes M. Ventura helps bring Speed Mentoring to St. John's Law School
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