Appellate Division Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC https://bmmplaw.com/category/appellate-division/ Attorneys At Law Fri, 15 Aug 2025 19:05:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://bmmplaw.com/wp-content/uploads/2020/08/cropped-Favicon-32x32.png Appellate Division Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC https://bmmplaw.com/category/appellate-division/ 32 32 Indemnity Agreement + Insurance Procurement Clause = Risk Transfer https://bmmplaw.com/2025/indemnity-agreement-insurance-procurement-clause-risk-transfer/?utm_source=rss&utm_medium=rss&utm_campaign=indemnity-agreement-insurance-procurement-clause-risk-transfer Thu, 07 Aug 2025 19:05:37 +0000 https://bmmplaw.com/?p=2449 Angelo Bongiorno was successful in the Appellate Division, Second Department on Appeal of a Decision/Order of Justice Felice Muraca of Supreme Court, Nassau County in Arnold v. RJJR Corp. and SF Beach Spa, LLC (2d Dep’t  August 6, 2025). The lower court dismissed our client’s cross-claim for contractual indemnification and denied our Cross Motion for Summary […]

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Angelo Bongiorno was successful in the Appellate Division, Second Department on Appeal of a Decision/Order of Justice Felice Muraca of Supreme Court, Nassau County in Arnold v. RJJR Corp. and SF Beach Spa, LLC (2d Dep’t  August 6, 2025).

The lower court dismissed our client’s cross-claim for contractual indemnification and denied our Cross Motion for Summary Judgment on our Cross Claim for Contractual Indemnification from SF Beach Spa, LLC.

The Appellate Division found that Judge Muraca should have Granted our Cross Motion for Summary Judgment on our Cross Claims for Contractual Indemnification against SF Beach Spa, LLC and Denied SF Beach Spa, LLC’s Motion seeking dismissal of our Cross Claims, as a Commercial Lease Agreement, negotiated between two sophisticated parties, where a Lessor and Lessee freely enter into an indemnification agreement whereby they use insurance to allocate the risk of liability to third parties between themselves, General Obligations Law does not prohibit indemnity.

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]]> New Jersey’s Appellate Division Upholds Insurer’s Right to Void Policy Based on the Policy’s Anti-Assignment Clause https://bmmplaw.com/2022/new-jerseys-appellate-division-upholds-insurers-right-to-void-policy-based-on-the-policys-anti-assignment-clause/?utm_source=rss&utm_medium=rss&utm_campaign=new-jerseys-appellate-division-upholds-insurers-right-to-void-policy-based-on-the-policys-anti-assignment-clause Thu, 21 Apr 2022 15:14:42 +0000 https://bmpnylaw.com/?p=1673 The Appellate Division of the Superior Court of New Jersey affirmed the decision of the Law Division in favor of our client.  In Jian Shen v. Hyundai Marine & Fire Ins. Co., 2022 WL 1150954, BMMP’s William J. Mitchell argued that the insured lost her insurable interest in the property once she conveyed that property […]

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]]> The Appellate Division of the Superior Court of New Jersey affirmed the decision of the Law Division in favor of our client.  In Jian Shen v. Hyundai Marine & Fire Ins. Co., 2022 WL 1150954, BMMP’s William J. Mitchell argued that the insured lost her insurable interest in the property once she conveyed that property to an LLC, even though she controlled the LLC.  The Appellate Division agreed that both the policy and N.J.S.A. 17:36-5.19 prohibit such a transfer without the insurer’s consent.  As such, the change in ownership was a material misrepresentation, our client was justified in voiding the policy from the beginning, and the complaint was dismissed.  The Decision can be read here

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