Supreme Court New York County Archives - Bongiorno, Montiglio, Mitchell & Palmieri, PLLC

Supreme Court, New York County, Dismisses Claim of the Owner of an Over-Occupied House

BMMP — Thu, 02 Mar 2023 01:14:10 +0000

On December 21, 2022, Judge Debra James granted our pre-answer motion to dismiss the complaint by a property owner seeking insurance coverage because the property owner over-occupied the subject house. In Xin Wang Chen v. Hyundai Marine & Fire Insurance Company, et al., BMMP’s William J. Mitchell presented undeniable and uncontroverted evidence of a material misrepresentation in the insurance application, which allowed the insurer to void the policy ab initio. The Decision can be read here

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New York Supreme Court Rules that a Service and Maintenance Contract is not a “Completed Operation” Until the Contract Term Ends

BMMP — Mon, 28 Dec 2020 23:26:45 +0000

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 left the property, the work was completed according to the definition of “completed operations” within the limitation. The New York Supreme Court granted summary judgment in favor of our client, agreeing with our position that the service was not completed until the contract term ended. BMMP partner William J. Mitchell briefed and argued the motion.

Read the decision here

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Guzman v. The City of New York and Carlo Lizza & Sons Paving, Inc. New York County, Successful Summary Judgment 2019

bmp-law-admin — Sat, 09 Feb 2019 15:35:21 +0000

Aigul E. Sarvarova and Angelo J. Bongiorno were successful in obtaining summary judgement in the case of Guzman v. The City of New York and Carlo Lizza & Sons Paving, Inc. New York County. The plaintiff, a 55-year old female, alleged that she was caused to trip and fall while walking over a recently milled crosswalk in downtown Manhattan. Carlo Lizza & Sons Paving, Inc. had milled the roadway several weeks prior to the accident in preparation for the resurfacing of the roadway with new asphalt by the City. Plaintiff alleged that defendants each were negligent in creating a dangerous condition causing her injuries and failing to warn or provide safeguards at the time of the accident. Plaintiff testified that her accident occurred in the daytime and she had no problem seeing as she was looking ahead while crossing the milled roadway. Both defendants moved separately for summary judgment dismissing the complaint. In granting the respective defendants’ motions for summary judgment, J Lebovits held inter alia that the evidence showed that the milling of the roadway on which the plaintiff fell was open and obvious and that the plaintiff failed to provide any evidence creating a question of fact. Furthermore, with respect to the City, the Court found that the City could not be sued in the absence of a prior written notice of a defective condition.

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Michal G. Ciechorski v. The City of New York, New York City Economic Development Corporation and Hudson Meridian Construction Group, Inc. Supreme Court / New York County 2016

bmp-law-admin — Sat, 17 Dec 2016 13:28:55 +0000

Angelo J. Bongiorno was successful in obtaining summary judgment dismissing the plaintiff’s complaint and all cross claims against Hudson Meridian Construction Group, LLC.

The plaintiff, Ciechorski (a dock builder), alleged injuries as a result of the repetitive work activity of carrying buckets of epoxy across floating platforms to fill hollow piles driven into the Hudson River floor. New York City Economic Development Corporation retained defendant, Hudson Meridian, to provide construction management services for the demolition and reconstruction of Pier on East 34^th Street.

The Honorable Justice Debra A. James agreed with Mr. Bongiorno’s argument that Hudson Meridian was not a statutory agent of the Owner, City, or General Contractor, NYC Economic Development Corporation and Granted the defendant’s motion for summary judgment dismissing the plaintiff’s claims of violations of Labor Law 240(1), 241(6) and 200 as well as plaintiff’s claims of negligence and all cross-claims against Hudson Meridian.

The decision was Affirmed on Appeal to the Appellate Division, 1^st Department, 2017.

The post Michal G. Ciechorski v. The City of New York, New York City Economic Development Corporation and Hudson Meridian Construction Group, Inc. Supreme Court / New York County 2016 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.