Cases of Interest

The cases below are examples of matters handled by our office. So as to protect the privacy of our clients, a majority of the case names have been changed.

H.S. v. Travelers

December, 2009-  Following a fire at a rental property owned by the insured, the insurance company denied the claim by alleging that the fire was the result of arson by the insured.  The insurance company relied upon circumstantial evidence as well as physical evidence which purported to show that the fire was started when gasoline was ignited.  Plaintiff filed suit in Federal District Court and after the completion of discovery, the insurance company's case was weakened to the point where they agreed to settled the matter, wherein the plaintiff was released from any allegation of wrongdoing, and the insurance company paid to plaintiff's benefit the total cash value of the loss in the amount of $240,000.00.

Stephen v. Brokerage & Brokerage, Inc.

November, 2009-  Client of insurance brokerage inquired as to the maximum coverage available for lost rents for his rental condominium.  Brokerage was negligent in providing the specific information requested and erroneously advised client that only limited coverage was available.  A fire took place at the condominium and as a result the client lost approximately one year of rents.  The lost rents coverage brokerage did obtain only covered approximately five months.  A lawsuit was commenced against the brokerage for breach of their duties and negligence.  Case settled during the discovery stage for $46,000.00

Queens Developers v. Excavators and General Contractors

April, 2009- During the construction of a commercial property, the negligence of a subcontractor caused the building to partially collapse. Litigation was commenced to recover damages resulting from the partial collapse and the delay in the project's completion, included increased out of pocket expenses and lost rents. After discovery was completed and the case was placed on the trial calendar, Plaintiff settled with the two defendants for $305,000.00.

Atlantic v. Travelers

January, 2009 - Insurance company denied claim for loss of business income under Commercial Policy following the stoppage of essential manufacturing machinery. Litigation over coverage ensued in the Federal District Court. Case settled after depositions for $62,500.00

Kopp v. United National Insurance Company

January, 2009 - Following the purchase of a home in foreclosure, plaintiff was unable to gain entry due to a hostile tenant occupying the home. Following landlord tenant proceedings an eviction was scheduled, however, the house burned down the day prior to the scheduled eviction. Defendant insurance company denied the claim after an inspection revealed there was no smoke detector at the house, citing a warranty and exclusions in the policy. Litigation ensued in the Federal District Court where plaintiff argued that the lack of access to the house precluded reliance upon the exclusions. This previously denied claim settled prior to trial for $195,000.00.

NYC Capital v. Oil Company & Insurance Co.

December, 2008 - Following an accidental overfill of a underground oil storage tank, insurance claim for damage to the underground storage tank was denied based as being not covered under the policy. Suit was brought against the oil company for negligence and the insurance company for breach of contract. Case settled prior to trial for $20,000.00 to cover the damage to the oil tank.

Torres v. D'Alesso

October, 2008 - After contracted buyer of a $1.2M property bounced deposit check and backed out of the contract two days after the contract was fully executed, seller filed suit. Buyer argued that the seller's attorney was verbally instructed to hold the deposit check until further notice. Plaintiff seller moved for summary judgment seeking the $120,000.00 down payment amount as liquidated damages. Court granted Plaintiff's motion for summary judgment and awarded Plaintiff $120,000.00 plus interest. Appeal pending.

Smith v. Contracting Co. et. al.

July, 2008 - Construction worker injured on jobsite following the collapse of an unsecured brick wall. Case settled in private mediation. $350,000.00.

Zimn v. US Underwriter's Insurance Company

July, 2008 - Judge grants insured summary judgment on breach of contract claim in lawsuit against insurance company. Court held that massive damage caused when burglars broke walls, ceilings, and floors in house, and then proceeded to steal copper piping was not "caused by" the theft and insurer must afford coverage. Case settled by insurance company for $84,000.00 following decision.

Diaz v. City New York Post Article 3-10-2008

March, 2008 - Lawsuit filed by the families of two four year olds after being handcuffed in school for failing to take a nap. Case pending.

Roberts v. Far East

September, 2007 - Pedestrian sustained fractured toe after tripping on a broken sidewalk. Settlement prior to trial. $125,000.00

Williams v. City of New York

May, 2007 - Pedestrian sustained serious physical injuries after being struck by City vehicle making improper turn. Settlement prior to trial. $500,000.00.

People of the State of New York v. Mary Doe

February, 2007 - Following search warrant execution, woman charged with major felony narcotics possession. All charges dismissed.

Pomer v. Liberty Mutual Fire Insurance

January, 2007 - Lawsuit filed against first party insurance carrier results in settlement of previously denied major property damage claim.

Miller v. Patricia J. Lancaster, as Commissioner of New York City Department of Buildings

December, 2006 - City worker wins hearing after invoking whistleblower protection. City's request for appeal denied.

Smith v. City of New York

December, 2006 - 16 year old boy sues the City of New York after being arrested on gun possession charges. Case settled for undisclosed amount prior to trial.

People of the State of New York v. John Doe

November, 2006 - 17 year old boy charged with attempted murder on NYC subway. All charges dismissed.