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Vincent Thomas Pallaci
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Vincent Pallaci’s Legal Cases

8 total

  • Pioneer Tower Owner's Association v. State Farm

    Practice Area:
    Insurance
    Date:
    Apr 29, 2009
    Outcome:
    Plaintiff was awarded summary judgment
    Description:
    Condominium tower owners association filed declaratory judgment action against State Farm when State Farm denied coverage for damage to the building caused by defective and negligent excavation and underpinning on an adjacent property. State Farm based its denial of coverage on an "earth movement" exclusion and "settling and cracking exclusion" in the policy. Condominium tower argued that the policy was vague as written and that a reasonable person would not read it to mean that earth movement included damage caused by the intentional removal of earth by others. Condominium association was victorious at the trial court level and the decision was affirmed by the Appellate Division Second Department. State Farm then appealed to the Court of Appeals, New York's highest court, and the decision was again affirmed in favor of the Conominium Association. The case, which was one of first impression at the Court of Appeals level in New York, could have a strong impact on insurance coverage disputes across the United States for years to come.
  • Barkan v. New York Schools Insurance Reciprocal

    Practice Area:
    Litigation
    Outcome:
    Plaintiffs' award of summary judgment affirmed
    Description:
    The plaintiffs were former members of the board of education of the Roslyn School District in Nassau County, New York. They were sued for alleged negligence and breach of fiduciary duty in connection with a criminal scandal that occurred and resulted in more than $11 million in losses to the District. The plaintiffs were denied insurance coverage by the New York Schools Insurance Reciprocal (NYSIR), the insurer that issued the board's errors and omissions policy. Plaintiffs sued NYSIR for wrongfully denying coverage and won summary judgment at the trial court level. NYSIR appealed and the judgment in their favor was affirmed by the Appellate Division, Second Department. The Appellate Division found that NYSIR's late notice argument was without merit, holding that the board members did not have any reason to know that there could be a claim against them until they were served with the complaint in the negligence action so, therefore, they did not need to provide notice when the alleged criminal acts occurred as NYSIR argued. The court also held that NYSIR failed to establish that there were material representations in the insurance application that would justify rescinding the policy.
  • Construction Defect Case

    Practice Area:
    Construction & Development
    Outcome:
    Settled for $187,500.00
    Description:
    Mr. Pallaci represented a condominium owner in a claim against the builders and designers of the condo for damages arising out of structural and water infiltration issues.
  • Breach of construction contract

    Practice Area:
    Construction & Development
    Outcome:
    Settled for $241,000.00
    Description:
    Mr. Pallaci represented a national protective coating contractor in a payment dispute with a municipal owner. The claims revolved primarily around allegeldy unapproved oral change orders. Mr. Pallaci achieved a swift settlement for his client.
  • Breach of contract to provide equipment

    Practice Area:
    Contracts & Agreements
    Outcome:
    Settled for $90,000.00
    Description:
    Mr. Pallaci represented a national filtration system manufacturer. The manufacturer sold a system to a subcontractor for a municipal project in New York City. The subcontractor accepted delivery of the product but failed to inspect it for several months and then refused to pay. Arguing that the subcontractor had waived its right to reject the shipment by accepting the shipment and retaining possession for several months before voicing any object, Mr. Pallaci secured a favorable settlement on the eve of trial.
  • Lien Foreclosure and Trust Violations

    Practice Area:
    Construction & Development
    Outcome:
    Settled for $87,500.00
    Description:
    Mr. Pallaci represented a foundation subcontractor in a breach of contract and lien foreclosure action against the general contractor and the property developer. It was discovered that both the owner and the general contractor had committed trust violations and diverted trust funds. The $81,000.00 claim was settled for payment in full plus partial reimbursement of attorney's fees.
  • Precast Concrete Supplier Paid in Full

    Practice Area:
    Construction & Development
    Date:
    Aug 01, 2011
    Outcome:
    Settled for 100% of total claim
    Description:
    Mr. Pallaci represented a precast concrete supplier in a mechanic's lien foreclosure action. The owner alleged that the supplier had not completed the specially manufactured materials and, therefore, was not entitled to payment.
  • NY Professional Drywall of OC v. Rivergate Development et al.

    Practice Area:
    Construction & Development
    Date:
    Nov 01, 2012
    Outcome:
    Trial court reversed and Lien Law Article 3A trust diversion claim reinstated
    Description:
    Lienor brought claim against developer and general contractor to simultaneously foreclose upon mechanic's lien and pursue claim for diversion of trust funds under Lien Law Article 3A. The defendants moved for summary judgment dismissing the Article 3A trust diversion claims arguing that the payment of money into court to secure the mechanic's lien extinguished the Article 3A trust. The trial court agreed with the defendants and dismissed the trust diversion claim. On appeal, the Appellate Division reversed holding that simultaneous pursuit of the lien foreclosure action and the trust diversion action under Article 3A was permissible and the fact that the lien was secured by a payment of money into court did not change the outcome.