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Plaintiff Sues for Injuries From Elevator Accident, New York Appellate Court Dimisses Appeal


The appellants – respondents in the case is the Daily News. The counsel for the appellants – respondents is Susan E. Lysaght and Carol A. Moore from the law firm Jacobowitz, Garfinkel & Lesman. The respondents – appellants in the case is OCS Security. The counsel for the respondents – appellants is Mitchell A. Greene from the law firm Bower, Sanger, & Futterman, P.C. The case is being heard in the Supreme Court, Appellate Division, in the Second Judicial Department.

The Case

The appellant – respondents of the case, Daily News, is seeking a judgment that declares that American Modern Home Insurance Company is under obligation to indemnify and defend the plaintiff in a case labeled Morley versus Daily News. This particular case is awaiting action in the Supreme Court of Kings County. According to a New York Injury Lawyer, the plaintiffs are appealing an order from the Kings County Supreme Court in which their summary judgment that declared American Modern Home Insurance Company is obliged to defend them in the personal injury case and that OCS Security Inc, breached their contract by failing to purchase insurance that named Daily News, LP, as additional insured. The defendant is cross appealing from the same order issued by the Supreme Court of Kings County.

Court Decision

Upon hearing the case, the Court dismisses the cross appeal as abandoned. A Nassau County Personal Injury Lawyer said the Court also orders that the order issued from the Kings County Supreme Court is adapted on the law. The adaptation deletes the provision that denies the motion for a summary judgment that declares American Modern Home Insurance Company is duty-bound to indemnify Daily News in the action of Morley versus Daily News, which is currently pending in the Kings County Supreme Court. A provision is substituted for this motion that the order for summary judgment is affirmed. This matter is submitted to the Kings County Supreme Court for the admission of an appropriate judgment.

The Court also awards the plaintiffs with one bill of costs.

The Supreme Court has determined that in the case of Morley versus Daily News, American Modern Home Insurance Company is duty-bound to defend the plaintiffs according to the policy that was issued to OCS Security by American Modern Home Insurance Company. OCS Security did name the Daily News on the policy as additional insured. The clause in the policy states that Daily News is covered by the policy if the liability at hand is caused by an employee of OCS while working at the facility.

Case of Morley versus Daily News

The original case began when the plaintiff in the case, Morley, was visiting the facility of Daily News and was hurt when he was hit be a downward elevator door that was being operated by an OCS employee who was on break for lunch, causing multiple injuries including a possible broken bone and head injury. OCS was hired by Daily News to provide security at their facilities. Even though the employee was on break at the time of the accident, because the elevator was a required part of his work performance, the injuries sustained in the personal injury action came about because of work done by OCS for Daily News. This is pursuant to the clause in the insurance policy, thus requiring American Modern Home Insurance Company to provide defense for the Daily News.

For any type of legal action that you may be facing, talk to a NY Personal Injury Lawyer at the law offices of Stephen Bilkis & Associates can help. We have offers located throughout the city of New York for your convenience. We offer free consultations and can help you determine the best course of legal action for your particular case. If you are unsure of what course of action that you need to take, we can help you.

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