In Nouveau Elevator Industries v. N.Y. Marine & General Ins. Co., our client performed elevator service and maintenance through contracts at multiple locations. In a move that affected dozens of underlying personal injury actions over several policy years, our client's insurance carrier denied coverage, arguing that once the service technician...
First Department Rules that Plaintiff’s Refusal of Medical Assistance Vitiates Negligence Claim Against Venue
BMMP's Neil J. Palmieri and Alexys M. Carter joined forces in a matter where a plaintiff alleged that our client and a co-defendant were negligent in assisting the plaintiff, who fell ill in his seat but then refused help. After the trial court found a question of fact as to...
Kings County Supreme Court Grants Motion to Dismiss by BMMP’s William J. Mitchell
In Min Ru Zheng v. Hyundai Marine & Fire Ins. Co., the Kings County Supreme Court found that the evidence clearly demonstrated that the plaintiff materially misrepresented the use and occupancy of the house to be insured. The evidence showed that plaintiff had converted the house from the claimed two-family residence...
BMMP’s William J. Mitchell Wins Dismissal of All Claims in “Insurable Interest” Case
In Sabharwal v. Hyundai Marine & Fire Ins. Co., plaintiff transferring all of his right, title, and interest in real property he owned to an LLC. After the property incurred flood damage. plaintiff asserted a first-party property damage claim against his homeowner's insurer, claiming his membership in the LLC entitled...