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DC Court Throws Out COVID-19 Business Interruption Claim

By Richard A. Fogel |

We have been closely monitoring business interruption insurance coverage lawsuits that have been arising around the country in response to the COVID-19 coronavirus pandemic. Insureds and insurance providers have been battling over difficult questions such as whether a mandated closure due to the threat of coronavirus constitutes a “direct physical loss,” and whether such… Read More »

Black mold

Appellate Division Denies Request for Summary Judgment or Frye Hearing to Condo Board in Mold Personal Injury Suit

By Richard A. Fogel |

Mold personal injury lawsuits in New York have almost universally been dismissed because the expert opinion submitted by plaintiffs does not meet legal causation standards to show that mold caused the  claimed vague personal injuries. See Fraser v 301-52 Townhouse Corp., 57 A.D.3d 416, 870 N.Y.S.2d 266 (1st Dep’t 2008). However, a recent decision… Read More »

salle de spectacle fermée pour cause de coronavirus

Broadway Theater Operator Sues Insurer for Coronavirus Coverage

By Richard A. Fogel |

We recently discussed the anticipated rise of coronavirus insurance coverage lawsuits. As businesses around the country falter due to state-mandated closures, quarantine orders, and a general public reluctance to risk exposure to the novel coronavirus, many are turning to their business interruption insurance and other hazard claims for relief. One major theater operator in… Read More »

Apartment uses lead based paint

Appellate Division Holds that Lead Paint in Apartment and High Blood Lead Levels Does Not Ipso Facto Mean Plaintiff’s Claims of Injuries Were Caused by Lead

By Richard A. Fogel |

In S.T. v. 1727-29 LLC, 2020 WL 3454555 (1st Dep’t June 25, 2020), the Manhattan branch of the Appellate Division held that the plaintiff is not entitled to summary judgment on liability where the defendant landlord/property manager produces expert testimony that challenges causation of the alleged injuries, despite egregious facts regarding the condition of… Read More »

Peeled off paint

Condo Owners Who Rent Residential Apartments in New York City Must Comply with Local Law One with a Presumption of Notice of Lead Paint

By Richard A. Fogel |

The Appellate Division issued a new holding clarifying that condo owners who lease residential units in New York City are subject to the same New York City Law lead paint law that applies to other residential landlords. The Court explained in A M.G. v. Pham, 180 A.D.3d 491, 119 N.Y.S.3d 107 (1st Dep’t 2020)… Read More »

lead poisoning

Major Changes in 2020-21 Lead Paint Liability Pursuant to Local Law One for New York City Landlords

By Richard A. Fogel |

In general, residential landlords have a common-law warranty of habitability to all of their tenants, regardless of any lease provisions to the contrary. This means that that premises are free from hidden or trap like dangerous defects that would endanger the health or well-being of any of the tenants. Lead paint is a hazardous… Read More »

Black mold and mildew spots on the ceiling or wall due to poor air ventilation and high humidity. Harm to health.

New York Court Throws Out Residential Mold Exposure Expert Opinion

By Richard A. Fogel |

A trial court in Orange County recently handed a huge victory to landlords and other toxic tort defendants. In a thorough and well-reasoned decision, the court rejected an expert witness’s opinion that sought to connect general ambient exposure to mold in an apartment building to a litany of ailments suffered by the plaintiff. Continue… Read More »

Male hand pointing a place to sign a paper and wooden gavel

New York Federal Court Emphasizes Direct Physical Loss Means Actual, Physical Damage

By Richard A. Fogel |

Insurers and insureds often dance around the specific language in a policy in order to attack the other’s position from as many different angles as possible, and they may accidentally destroy their own claims in the process. A New York federal court recently found that an insured’s internally inconsistent statements about what type of… Read More »

Talcum powder on wooden background

New York Appellate Court Limits Specific Causation Requirement in Asbestos Litigation

By Richard A. Fogel |

Causation is one of the most hotly-contested issues in toxic tort cases. Plaintiffs must show not only that a product causes disease, but also that exposure to the product caused the plaintiff’s disease in that specific case. A recent decision by the Appellate Division, First Department, could have a significant impact on proving specific… Read More »

Human Hand Protecting Piggy Bank

Coronavirus Insurance Lawsuits

By Richard A. Fogel |

As the coronavirus rages around the world and the economy comes to a standstill, many U.S. businesses are rapidly falling underwater. Some businesses have already begun filing lawsuits to adjudicate whether their policies cover losses caused by the coronavirus pandemic. Read on for a discussion of one lawsuit that may portend things to come… Read More »

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