New York, NY
Personal injury Lawyer at New York, NY
Practice Areas: Personal Injury, Contracts & Agreements ... +5 more
OUTCOME: The insureds' petition was granted in its entirety.
Homeowners suffered a covered loss, but their insurance company failed to fully indemnify them. Pursuant to the terms of their insurance policy, the insureds sought to proceed with an appraisal in ord ... er to affix damages. The insurance carrier refused, thereby, necessitating an action to compel appraisal be brought in Supreme Court.
OUTCOME: Pending
Following oral argument of appeal, the Second Department found that Plaintiffs' claims are valid and may proceed despite Defendants' motion to dismiss and subsequent motion to re- argue same.
OUTCOME: Summary Judgment on Liability Granted to Plaintiff
In a case of first impression, the trial court found that "[b]y imposing absolute liability on those parties whose excavation work results in damages to the neighboring land, section 3309.4 places the ... burden of protecting those with a property interest therein on those who choose to undertake the risks associated with excavation work in the City of New York, by requiring the latter to respond in damages for any harm which may result to structures or walls on the adjoining property."