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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 »

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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 »

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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 »

Worker welding in a factory.

When is an Expert Opinion on Causation Admissible in a Toxic Tort Case?

By Richard A. Fogel |

Two of the most important aspects of any toxic tort case are the expert opinions presented by each side. Whether a chemical actually causes the health conditions experienced by the plaintiffs, whether the product produced the health condition in the instant case, and whether the product actually carries a sufficient quantity of the substance… Read More »


New York Federal Court Requires Professional Liability Insurer to Pay for Internet Fraud Scheme

By Richard A. Fogel |

A federal court in New York recently issued a ruling on a hotly contested matter between a financial technology company and its professional liability insurance provider. The coverage dispute arose when the insured party fell for an Internet fraud scheme and gave away millions of dollars of its client’s money. Learn more about the… Read More »

Contract sheet with glasses and a pen on a wooden background

New York Appellate Division Holds Absence of Negligence Does not Bar AI Coverage

By Richard A. Fogel |

The New York Appellate Division dealt insurers a blow in a recent case involving additional insured (AI) coverage. The court’s ruling could have a significant effect on future cases interpreting AI provisions. The court broadly interpreted the AI provision to cover other parties responsible for accidents and injuries in loose connection to the actual… Read More »

large red folder for insurance coverages including blue ring binder and blue marker

Appellate Division Finds Bad Faith where Business Interruption Coverage Not Provided

By Richard A. Fogel |

A recent opinion issued by the First Department of the New York Appellate Division concluded that the trial court erred in dismissing a claim that was based on an insurer’s failure to provide business interruption coverage during a protracted investigation into a policyholder’s claim. Learn more about the case below and contact an experienced… Read More »

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