Recent Blog Posts
Proving Causation in New York Toxic Tort Cases
Toxic tort cases in New York present unique challenges for defendants, particularly when it comes to proving or disputing causation. These cases often involve complex scientific evidence, multiple sources of exposure, and intricate legal standards. For insurance companies and businesses facing toxic tort claims, understanding the nuances of causation is crucial to mounting a… Read More »
Defending Against Bad Faith Claims in New York Insurance Coverage Disputes
Insurance coverage disputes can arise for a number of different reasons; when disputes escalate from good faith disagreements to allegations of bad faith, the stakes literally increase exponentially with the introduction of punitive damages as a possible remedy. Defending against these claims requires a strategic approach, a deep understanding of the law, and meticulous… Read More »
New Lead-Based Paint Legislation: Local Law 111 of 2023 Effective June 2024
As of June 2024, New York City property owners and landlords will need to comply with Local Law 111 of 2023, a significant new piece of legislation aimed at reducing lead-based paint hazards. This law is an extension of the city’s ongoing efforts to protect public health, particularly the health of children who are… Read More »
The Role of Policy Exclusions in New York Insurance Coverage Cases
Insurance policies are lengthy and complex. Even attorneys who regularly draft and review contracts and other legal documents are often astounded at the depth of intricate legalese to be found in even a basic liability insurance policy. One of the trickier and yet most important provisions to understand deals with policy exclusions. Exclusions play… Read More »
Understanding New York Lead Paint Laws: A Landlord’s Guide
New York landlords, property managers, and related companies must navigate a complex landscape of legal obligations when it comes to managing their properties. One of the biggest concerns for landlords in New York is lead paint. Given the serious health risks associated with lead exposure, New York has enacted stringent laws to mitigate these… Read More »
Tips for Managing Risk and Avoiding Insurance Coverage Disputes in New York
In the ever-evolving landscape of New York’s insurance industry, risk management is a crucial aspect for businesses and individuals alike. As a New York insurance defense law firm, the Law Offices of Richard A. Fogel, P.C., understands the complexities and challenges that policyholders face. From our perspective as insurance defense counsel, we understand the… Read More »
How Is Chemical Exposure Proven?
Toxic torts (injuries caused by exposure to chemicals and hazardous substances) can be complex cases to prove, and equally challenging to defend. Victims of chemical exposure may suffer from a range of health issues, from minor irritations to severe, life-threatening conditions. For years now, New York courts have defined and refined the test or… Read More »
Understanding Lead Audit Violations and Their Consequences in New York City
As a law firm that regularly defends landlords in toxic tort cases in New York courts, we are well aware of the stringent requirements on building owners when it comes to lead paint. While our firm’s focus involves representation on legal claims and civil litigation, we know that landlords face challenges from every corner,… Read More »
Understanding and Objecting to Charges Under NYC’s Emergency Repair Program
The New York City Emergency Repair Program (ERP) is a critical initiative under the Department of Housing Preservation and Development (HPD). This program plays a vital role in ensuring that residential buildings comply with safety and health standards. However, for building owners and landlords, the ERP can be a costly and invasive program to… Read More »
What Landlords Need to Know About the Alternative Enforcement Program
For landlords in New York, particularly those operating multiple dwelling units, it’s crucial to be aware of the Alternative Enforcement Program (AEP) overseen by the Department of Housing Preservation and Development (HPD). This blog post aims to provide an informative overview of AEP, its implications for landlords, particularly with respect to lead paint and… Read More »
