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New York Supreme Court Finds Evidence of Examination Using Diffusion Tensor Imaging Inadmissible

By Richard A. Fogel |

A New York trial court has recently issued an opinion regarding a plaintiff’s right to use evidence of test results in court, where the means of testing is a developing technology that has not yet been widely adopted. The Suffolk County Supreme Court, relying on the standards established in Frye v. United States and… Read More »

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Retail Tenant’s Claims for Toxic Exposure Dismissed for Failure to Show Causation

By Richard A. Fogel |

The Third Department of the New York Appellate Division (Albany) recently considered the claims of a former tenant in a shopping plaza against the property owner. The Appellate Division rejected her allegations that she suffered physical injury and loss of income due to the property’s problematic sewage system. Read on to learn more about… Read More »

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New York Lead Abatement Law – Updates and Potential Changes

By Richard A. Fogel |

Despite outlawing the use of lead paint as far back as 1960, New York City has some of the highest rates of lead paint poisoning. US census data, as analyzed in a Reuters article, revealed 69 census tracts where at least 10% of children tested showed elevated lead levels. Landlords and property owners often… Read More »

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No Duty to Indemnify for Insurer Pursuant to Additional Insured Clause where Named Insured is not Legally Responsible for Underlying Harm

By Richard A. Fogel |

Burlington Insurance provided an insurance policy to Breaking Solutions, Inc. (BSI) for a subway tunnel excavation project. That policy included the New York City Transit Authority (NYCTA) and MTA New York City Transit (MTA) as additional insureds. BSI’s policy stated that NYCTA and MTA were entitled to coverage for property damage, bodily injury, or… Read More »

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New York’s Legal Landscape Makes Finding General Liability Insurance a Challenge

By Richard A. Fogel |

If you’ve attempted to obtain insurance as a contractor or property owner undertaking a construction project in New York, you’re probably already familiar with how challenging it can be to obtain a general liability insurance policy in the Empire State. New York stands out as one of the nation’s most difficult insurance landscapes for… Read More »

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Appellate Division Court Limits Discovery Rule in Lead Paint Case

By Richard A. Fogel |

New York’s rules governing when someone may file suit based on injuries received from toxic exposure are very generous, allowing decades to pass between the original exposure and the date by which the plaintiff must file suit. In a recent ruling by the Appellate Division, the judges determined that a woman had waited too… Read More »

The construction contracts

Failure to Provide Notice Results in Loss of Opportunity to Recover

By Richard A. Fogel |

Owners and developers often choose to protect themselves from very delayed claims from contractors by ensuring construction development contracts include a requirement that notice of a claim be provided within a certain time period. These clauses can protect a developer from having to reopen a long-closed project, after memories have faded and evidence is… Read More »

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Department of Justice Changes Policy on Supplemental Environmental Projects

By Richard A. Fogel |

Eight months into the Trump Administration, the legal community is still learning how the Department of Justice will run under the helm of Attorney General Jeff Sessions. Recently, Sessions issued a memo that will bring about a substantial change in how the Department of Justice handles settlements in civil and criminal matters, and in… Read More »

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Success on Appeal for Law Offices of Richard A. Fogel

By Richard A. Fogel |

The Law Offices of Richard A. Fogel recently won an important victory on an appeal of a denied summary judgment motion. The Second Department of the Appellate Division, in a wild and rare split decision, sided with our client, GEICO Insurance, and granted a motion dismissing the underlying plaintiff’s complaint for a declaratory judgment… Read More »

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Plaintiff in Asbestos Trial Relies on Parker Standard in Successful Claim

By Richard A. Fogel |

The Parker v. Mobil Oil case continues to exhibit a substantial effect on toxic tort claims across New York. In a recent ruling, the Fourth Department of the New York Appellate Division upheld a jury award of damages to a plaintiff despite a lack of specificity in testimony regarding the level of asbestos exposure… Read More »

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