Hastings Development, LLC, an insured under a policy issued by Evanston Insurance Company, sought coverage for a personal injury claim brought by an employee of another company who was injured while working on a mixing machine owned by Hastings. The insurance company denied coverage citing to the Employer Exclusion contained in the policy. We commenced…
Plaintiff commenced an action claiming that she suffered personal injuries after an alleged slip and fall in our client’s store. Defendant moved for summary judgment on the ground that Plaintiff could not establish notice. In opposition, Plaintiff argued that she overheard individuals, whom she believed to be employed by defendant, speaking about a prior spill. …
Decedent presented to co-defendant hospital with post-operative complaints of pain and redness surrounding the incisional sites following a femoral-to-femoral bypass graft for decreased circulation performed by co-defendant vascular surgeon. Our client, another vascular surgeon, admitted the patient out of concern for post-operative infection. Plaintiff alleged, among other things, that defendant physicians and hospital failed to…
The plaintiff tripped and fell over a rolled up carpet that was lying in the aisle of our client’s store. Plaintiff admitted at his deposition that he had previously seen the carpet prior the accident. We moved for summary judgment on the grounds that the alleged condition was open and obvious and could have been…
Plaintiff commenced the action in Bronx County on the basis that co-defendant’s listing as site of incorporation was Bronx County. We moved to change venue. We argued that the co-defendant’s corporate residence was less significant than the location of the accident, the plaintiff’s residence, the residence of a sole eyewitness and the location of plaintiff’s…
Plaintiff commenced an action against a subsidiary of the retail store where plaintiff’s accident occurred. We moved for summary judgment arguing that the defendant did not have responsibility over the retail store. The motion was granted. On appeal, the Appellate Division upheld the dismissal of plaintiff’s Complaint.
This case involved an accident where the plaintiff claimed she tripped and fell over the prongs of a pallet jack within an aisle of the defendant store. We moved for summary judgment on the ground that the unladen pallet jack, fluorescent green in color, was an open and obvious condition that was not inherently dangerous….
This case involved an accident where the plaintiff claimed she slipped in dirty, sticky and dry laundry detergent in our client’s store. We moved for summary judgment on the ground that plaintiff could not establish notice, arguing that the plaintiffs’ observations about the condition of the spill were made when she returned to the accident…
