Premises Liability

Published on: April 23, 2012

Landlord Prevents Tenant from Entering Their Property, New York Appellate Court Modified Orginal Judgement

by Stephen Bilkis

The plaintiff in this case is J. Leonard Spokek. The defendant is the Liberty Mutual Insurance Company.

The Case

A New York Injury Lawyer said that the plaintiff filed an action declaring that Liberty Mutual Insurance Company must defend and indemnify the plaintiffs from Cohen V. Spodek, Index Number 3456/87. The defendants from the initial case were Nevin Cohen and Kenneth Skrudna. Index Number 3456/87, was filed in the Civil Court of Kings County, and included Liberty Mutual (the defendant) appealing a judgment dated September 27th, 1988 from the Supreme Court of King’s County which granted that relief.

Published on: April 21, 2012

New York Appellate Court Decides Premises Liability Issue

by Stephen Bilkis

The plaintiff is the case is Marcia Spalma. The defendants in the case are the Lawrence Towers Apartments, LLC, and AMA, Inc.

About the Case

The defendants/movants in the case, Lawrence Towers Apartments LLC and AMA, Inc., move for a summary judgment to dismiss the complaint made against them by the plaintiff. Alternatively, a Manhattan Personal Injury Lawyer said the defendants/movants seek the case’s dismissal because allegedly the plaintiff released the defendants from liability from the personal injuries that she sustained. Additionally, the defendants/movants seek the case to be dismissed because the injuries obtained by the plaintiff were not caused by a toxic substance or mold. The defendants/movants seek a hearing based on the case of Frye versus the United States in order to contest the scientific basis of the cause of her alleged injuries.

Published on: March 31, 2012

Court Hears Premises Liabilty Case

by Stephen Bilkis

The plaintiff in the case is William Stout. In action number 1, the third party defendants are East 66th Street Corporation and the plaintiffs and respondents in the third party action is Tishman Construction Corporation. In the second action the defendant and respondent is Interstate Fire and Casualty Company and the appellants and defendants is the Zurich American Insurance Company.

The case is being heard in the New York State Supreme Court in the Appellate Division. The judges in the case are Mark C. Dillon, J.P., Ariel E. Belen, JJ, Ruth C. Balkin, and John M. Leventhal.

Case Facts

Published on: March 31, 2012

Court Hears Premises Liability Case

by Stephen Bilkis

The respondent in the case is James Davis. The respondent is represented by Jacobs, Jacobs & Giulini, Brooklyn, and Michael R. Scolnick. The appellant in the case is Bamboo 234 Restaurant, Inc. The appellant is represented by Henry Wolfman, from New York City and by Herbert Minster from Brooklyn.

The case is being held in the Second Division of the Supreme Court, Appellate Division. The judges in the case are Rabin, P.J., Hopkins, Munder, Martuscello, and Shapiro, JJ.

Court Memorandum

Published on: March 10, 2012

Insurance Companies Seek Dismissal in NY Appellate Court for Industrial Waste Allegations

by Stephen Bilkis

A woman in Puerto Rico sued a Delaware corporation that manufactures blood analyzing machines. The complaint alleged that the Delaware Corporation had a manufacturing plant in Puerto Rico. The complaint alleged that the manufacturing plant continually discharged toxins from 1971 until 1981 into a creek that flowed into another creek that caused pollution and contamination of the soil, water and air in the neighborhood where the Puerto Rican woman lived and caused her sickness.

A New York Injury Lawyer said in its Answer, the Delaware Corporation admitted that it had intentionally discharged industrial wastes which flowed into the creek in 1979 but that after that, it began transporting its industrial wastes for disposal at a waste treatment facility. It also forwarded the defense that its intentional discharge of its industrial waste was not prohibited by its existing permits at that time.

In that personal injury case filed in the US territory of Puerto Rico, the Delaware Corporation asked the Superior Court to include as third party defendants around fifteen insurance corporations which had issued general and comprehensive insurance to the Delaware Corporation. The Delaware Corporation demanded that these fifteen insurance corporations indemnify it under the terms of its insurance policies and also provide the Delaware Corporation with defenses to protect itself against the personal injury suit filed by the Puerto Rican woman.

Published on: March 9, 2012

New York Appellate Court Decides Liability of Waste Disposal Plant

by Stephen Bilkis

The County of Columbia in New York established a solid waste disposal plant in the town of Claverack in 1981. To protect itself, the County procured comprehensive and general liability insurance policy. The insurers claimed in its advertising that it would pay all sums which the insured shall be legally obligated to pay as damages because of bodily injury or property damage. Every insurance policy excluded from coverage those bodily injuries and property damage sustained from pollution or arising from the discharge, dispersal, release or escape of waste materials, contaminants and pollutants on land, atmosphere and water unless the discharge was sudden and accidental.

In 1986, the solid waste disposal system was charged with violations of the Environmental Conservation Law for it was found that liquid waste was leaching onto the soil and seeping into the groundwater which was the source of drinking water for the town of Claverack. A fine was assessed against the Town of Claverack but the payment of the fine was suspended on condition that the Town close down the solid waste disposal facility. It was closed in December 1988.

A New York Injury Lawyer said however, the County however, continued using the facility despite the order of the Town to close the solid waste disposal plant. The Town of Claverack sued the County. A hunting club that owned the land next to the solid waste disposal plant also sued the County in January 1989 for impairment of the soil, air, ground and surface water. The hunting club also alleged that the County’s continued use of the facilities was a continuing nuisance, a continuing trespass and that its activities in using the plant has caused the eviction of the hunting club from its premises.

Published on: January 29, 2012

Woman in Golf Lawsuit Awarded Damages

by Stephen Bilkis

A local championship golfer was granted $15,000 in damages, indicated reports form a New York City Injury Lawyer. The woman was said to have suffered discrimination at a golf course owned by the town.

The woman was actually wanting $500,000, to close the case, but she settled for the smaller amount.

The sum will be paid by the local town. The city will also pay a portion of the legal fees as well as their own. The town apparently spent a good deal of money defending itself in this case, although the town’s insurer is expected to cover the costs.

Published on: December 27, 2011

Father Arrested in Sexual Abuse Case Results in $1.8 Million Settlement

by Stephen Bilkis

After spending 80 days in jail, and facing possible life in prison, a West Bloomfield man who was accused of raping his autistic daughter has been granted a $1.8 Million dollar wrongful-arrest settlement. This was for a form of premises liability.

The man’s wife also faced decades in jail, as the accusation stated that she had stood by and watched the assaults take place. Their 14-year-old daughter, who is severely autistic and cannot speak, was the suspected victim. She and her 13-year-old brother were placed in foster care.

The case began to unravel when judges began to more closely examine the evidence. The only evidence in the case was a statement that the 14-year-old girl supposedly typed with the help of a teacher’s aide at her school, reported a policeman. She stated that her father had raped her since the age of 7 and that her mother had stood by and watched.

Published on: December 26, 2011

Rikers Island Correction Officers Sue City

by Stephen Bilkis

Four Correction Officers who work at Rikers Island are said to be suing New York City. The four correction officers claim that they have contracted cancer from working in the corrections facility and around dangerous chemicals.

The four officers believe that toxic chemicals, supposedly buried at the site of the Rikers Island Correctional Facility, are the cause for their recent cancer diagnoses. The Rikers Island Correctional Facility is supposedly built mainly on an old landfill.

The four officers claim that the city knew that they were being exposed to the toxic cancer causing chemicals and never disclosed that information, states a report. A lawyer for the city says that there is no support for the allegations.

Published on: December 19, 2011

Diocese Raises Monetary Offer

by Stephen Bilkis

The Roman Catholic Diocese of Wilmington released their new bankruptcy plan on Monday, allowing for an average settlement of $750,000 to $3 million for survivors of priest sexual abuse.

Under this new plan, $74 million dollars will become available to divide among approximately 150 priest-abuse victims who have claims pending. These claims are against the diocese itself or one of the parishes. This is to be compared with a bankruptcy plan filed in September that offered $28 million, stated a source. Because these acts took place on church property, premises liability is in the mix also.

Under the September plan, the average settlement would have been between $285,000 and $489,000. The diocese was able to increase the money available by dissolving a foundation established to benefit itself over 80 years ago.