Last week I received a favorable decision and order for one of my insurer clients from the United States District Court for the Southern District of New York in a number-of-families homeowners policy application misrepresentation case. My client had denied coverage for the Brooklyn, NY fire loss based, in part, on the application misrepresentation but did not…
Dontcha just love how the press/media reports insurance coverage stories? Almost immediately I heard via text messages and emails about this decision from (1) the SIU director of a NY auto insurer, (2) the claims manager of a NY property and casualty insurer, (3) my eldest son, who is an SIU field investigator, and…
The Appellate Division determined that the failure to provide “dollars and cents” proof of the inability to use a property for any permitted use required denial of a use variance. In Matter of Dean v. Town of Poland Zoning Board of Appeals, the owners of approximately 17 acres of land had agreed, subject to obtaining…
The recent decision from a conservative-leaning Supreme Court to find that the Civil Rights Act of 1964 includes protection based on sex for LGBT+ individuals in the context of employment was a surprising one. This case is not the end of the fight for LGBT+ rights. It is a milestone along the way. Justice Gorsuch,…
Florida public adjuster Mike Keeler believes his own messaging. At least he seems to do so. I was looking for content for my “So, You’re About to Be Deposed (Or Violently Overthrown): How Should You Prepare and What Should You Expect” presentation tomorrow at NEIASIU‘s 15th Annual Joint Training Seminar in Massachusetts, when I…
Enacted in April, Article 6-A of the Real Property Law has limited applicability right now in New York City. Other towns, cities, villages can opt-in (RPP 213) and when the statute applies, Section 216 provides: “216. Grounds for removal of tenants. 1. No landlord shall remove a fourteen of this article, or attempt such removal…
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Fake Driver’s Licenses Can Look Very Good The Ithaca Police department is now charging VTL 509.6 for any forged or fake or fraudulent or fictitious driver’s license. This is whether the license is used or just possessed. Remember that this vehicle and traffic law (VTL) provision has no mental intent. In other words just having…
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In a decision that reiterated the need for there to be other than economic impacts to a property owner to serve as a basis for challenging the environmental review of a local law or ordinance, the Appellate Division affirmed the lower court dismissal of a challenge to a zoning amendment. In the case, Matter of…
Law firms frequently insert arbitration clauses into their retainer agreements, and require arbitration of all claims concerning potential malpractice. In an unusual setting, the clients sue their attorneys for failing to tell them to basically do the same thing, Signature Cleaning Servs., Inc. v Grimaldi 2024 NY Slip Op 32966(U) August 23, 2024 Supreme Court,…
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Introduction In 2016, these parties reported $43,773 as their total income on their jointly filed income tax return. In 2017, these parties reported $31,862 on their jointly filed income tax return. In 2018, these parties reported $74,693 as their total income on their joint filed income tax return. Yet during this marriage, the parties drove,…
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