Melito & Adolfsen P.C. Legal Articles
The Insurance Industry Anticipated a Pandemic from a virus like Covid-19 more than a decade ago.
By: Louis G. Adolfsen For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption requires property...
The Tenth Amendment and the Resurrection of States’ Rights in the Age of Coronavirus
"Whatever the outer limits of that sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program." New York v. United States, 505 U.S. 144, 188, 112 S. Ct. 2408, 2435, 120 L. Ed. 2d 120...
Understanding What Needs to be Proved to Show Medical Malpractice, Negligence, or Violation of The Public Health Law in a Nursing Home Case
By: Louis G. Adolfsen, Esq., and Robert D. Ely, Esq. In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of...
An Out-of-Possession Landlord Cannot Avoid Liability for a Fall on Snow and Ice Under a Statute Imposing Liability on an Owner Even If the Owner Delegated Responsibility for Maintaining the Property to the Tenant
By: Louis G. AdolfsenIn Xiang Fu He v. Troon Management, Inc., et al. decided on October 24, 2019, the New York Court of Appeals held that section 7-210 of the Administrative Code of the City of New York "unambiguously imposes a nondelegable duty on certain real...
Impeachment – Did President Trump, Unwittingly, “Secretly” Record Himself and Prove His Conduct Was Malum In Se
Many commentators have noted that proving that a President committed "high crimes and misdemeanors" is not the same as proving that the President committed a crime. The history of the drafting of the Constitution shows that the phrase "High Crimes and Misdemeanors"...
You May Think You Are Insured as an Additional Insured But You May Find You Are Not Covered
Anyone who hires someone to do construction should ask the contractor to name them as an additional insured on the contractor's policy. The contractor may agree to provide the coverage but then may fail to follow the rules in the policy for providing additional...
Welcome To Our Blog
We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for...
Are you a foreign business interested in accessing the U.S market? Here’s what you need to know.
What You Need to Know about forming a company in the United StatesMany foreign businesses want to sell their services or their products in the United States. This article is intended to provide an overview of the issues you need to address when you form a U.S....
Picking a Supreme Court Judge is like a Box of Chocolates – So it is with Judge Kavanaugh. “You never know what you’re gonna get.”
As Forrest Gump, said in the 1994 film: "My mom always said life was like a box of chocolates. You never know what you're gonna get." ...Life is a box of chocolates." The same thing can be said about picking Supreme Court Justices.Take President Dwight Eisenhower's...
No Rush to Impeachment under The Rule of Law
To start to Impeachment proceedings, a majority of the House of Representatives must vote to impeach the President. There's been a lot of talk lately about how the Democrats may immediately vote to impeach the President Trump if they win a majority in the house....