M&A wins summary judgment in an insurance coverage declaration action brought between two insurance companies
A New York County Judge granted M&A’s motion for summary judgment against an insurance company which sought additional insured coverage (including past and future defense costs, as well as indemnity) for its insured, a building owner, in a construction accident case.
M&A wins summary judgment again with expert affidavit in nursing home case
In Estate of Cecily McArthur v. Nassau Extended Care Center, a Nassau Supreme Court Judge granted M&A’s client, NECC, summary judgment dismissing all of plaintiff’s negligence and nursing home malpractice claims relating to plaintiff’s hip and femur fractures and dismissing plaintiff’s Article 28 Public Health Law cause of action, including the punitive damages and attorney’s fees claims relating to those injuries.
M&A wins summary judgment with precise expert affidavit in nursing home case
In Domoroski as Administratrix of Helen Hewitt, Deceased v.
M&A wins Summary Judgment for Client in Hurricane Irene case
A Kings County Judge granted M&A’s client summary judgment in a first-party property case holding that there was no coverage for lost income for 10 fast food franchise restaurants as a result of Mayor Bloomberg’s evacuation order because of Hurricane Sandy. The court agreed that the policy’s 72-hour waiting period barred coverage. The court also agreed that a loss of access to the restaurants did not constitute a “direct physical loss of or damage to property at the premises.”
M&A wins Summary Judgment for Client in Condominium’s Property Damage case claiming $5 million in water intrusion damages
A Kings County Judge granted M&A’s client summary judgment in a first-party property damage case in which a Condominium Board was claiming $5 million in damages from water intrusion following construction of the condominium in Brooklyn.
D.C. Circuit Court of Appeals Slaps Down Anti-Slapp Statute
For the first time since Anti-SLAPP Statutes have been enacted, a U.S. Court of Appeals has ruled that one did not apply in federal court to a defamation defendant’s efforts to obtain a pre-answer dismissal of a complaint and the recovery of its attorney’s fees. In Abbas v. Foreign Policy Magazine, a case where we represented the plaintiff, Yasser Abbas, the United States Court of Appeals for the District of Colombia Circuit held that the D.C.