Decision of Interest

400 Garden City Plaza
Suite 100
Garden City , NY 11530
Tel (516) 739-5100
Fax (516) 739-5103
mail@fbzlaw.com

 

With offices in:

22 Grandview Drive
Newburgh, NY 12550

226 St. Paul St.
Westfield, NJ 07090
Tel (908) 789-0507

146 Hopmeadow Street
Simsbury, CT 06089

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Welcome to Farber Brocks & Zane

FARBER BROCKS & ZANE L.L.P. is a full service law firm with offices in Garden City, New York, Newburgh, New York, Westfield, New Jersey and Simsbury, Connecticut. The firm was designed to provide client-focused, value-based, quality-driven legal services to our individual, corporate, professional and insurance company clients. The ongoing execution of this philosophy has continued our growth and success, and is supported by longstanding relationships and numerous referrals from our existing clients.

Our attorneys have extensive litigation experience in the areas of professional and general liability defense, automobile claims, construction law and insurance coverage matters. Our attorneys represent their clients in all phases of litigation in the Trial and Appellate Courts at both the State and Federal levels, as well as in various alternative dispute forums.

 

"A Good Faith Belief in Non Liability" Requires Investigation

In Freeway Co., LLC v. Technology Ins. Co., 2016 NY Slip Op 03245, the First Department reaffirmed that insured landlords cannot bury their proverbial heads in the sand after an accident occurs by failing to inquire into the reasons surrounding the accident and the injuries suffered and later, after suit is filed, rely upon a good faith belief in non-liability as an excuse for their failure to timely notify their insurer of the accident..............read more

 

Being Named As the GC On A Permit Does Not Confer GC Obligations Even In the PI and PD Contexts

Farber Brocks & Zane recently achieved a reversal of the lower court’s denial of summary judgment when the majority of the Second Department extended the rule in Labor Law cases that the mere listing of an entity as the contractor on a work permit, without more, is insufficient to raise a triable issue of fact as to whether that entity is the general contractor on a particular project, to subrogation and personal injury actions. .............read more

 

Court Sheds Further Light On What Is Not A “Structure” or “Repair” Within The Meaning of Labor Law 240

The Appellate Term for the 2nd, 11th and 13th Judicial Districts recently affirmed the dismissal of an injured worker’s Labor Law 240, 200 and common-law negligence claims in a decision that sheds more light as to what courts are not willing to consider “structures” and “repairs” within the meaning of Labor Law 240. Specifically, the Court.............read more

 

Appellate Division Holds that Insurer is Entitled to Rely on Statements Given by Insured When Investigating Coverage and is Not Later Estopped from Denying Coverage When the Information Changes

The Appellate Division, First Department recently issued a decision clarifying that an insurer is entitled to rely on a statement given to it by its insured in determining that an exclusion contained within its policy does not apply, even where such statement contradicts the pleadings served by the plaintiff; and that the insurer is not later estopped from disclaiming after Its insured provides different information that supports a disclaimer.  Tarry Realty LLC v. Utica First Ins. Co., 2014 NY Slip Op 01117..........read more

 

Court Dismisses Action Holding Sidewalk Vault Stairs Are Not ‘Interior Stairs’ Under Building Code

In a case of first impression, Farber Brocks & Zane recently obtained a dismissal of a personal injury lawsuit when the Court determined that an out-of-possession landlord is not liable for injuries sustained on cellar steps upon which the tenant installed a conveyor belt ......read more

 

Appellate Division Holds That Employee Injury Exclusion Applies to Additional Insureds as well as Insureds

The Appellate Division, Second Department recently issued a decision which has once again reaffirmed that exclusions added to insurance policies by way of an amendment apply to both insureds and additional insureds alike in Soho Plaza Corp. v. Birnbaum, 2013 NY Slip Op 05058.......read more

 

Appellate Division holds no Duty to Defend where Property Removed from Coverage Before the Date of Loss

The Appellate Division, Second Department reversed the trial court’s denial of summary judgment to Travelers Property Casualty Company of America in a declaratory judgment action.  We successfully argued that Travelers is not obligated to defend or indemnify its insured-property owner under a policy which was effective.......read more

 

Appellate-Division-Restricts-Additional-Insured-Coverage

The Appellate Division, First Department recently upheld a trial court’s decision denying additional insured coverage to a landlord under two different tenant’s insurance policies in 333 Fifth Ave. v. Utica First, et.al., 2013 NY Slip Op 04707 (June 20, 2013).   In that action, a landlord and managing agent sought additional insured coverage from its tenants’ insurers for an accident that occurred when an employee of one of the.....read more

 

Appellate Division finds no Common Law Duty Owed for Fire Protection Services

The Appellate Division, Second Department upheld the trial court’s granting of summary judgment to contractor Eastern Construction Developing & Custom Homes, Inc., in a property damage by fire action. We successfully argued that the fire was unrelated to the exterior work performed by our client and that fire protection services is not a duty.......read more

 

Appellate Division Holds that Adjacent Landowner not Responsible for Fire Hydrant

The Appellate Division, Second Department, unanimously reversed the trial court’s denial of summary judgment to landowners/tenants, in a single-car motor vehicle accident case where the plaintiff’s vehicle hit a fire hydrant base that was located on the sidewalk adjacent to, but not within, the curb cut used by customers of the tenant............read more

 

Appellate Division Holds that Plaintiff –Decedent’s Actions are Sole Proximate Cause of Injuries

The Appellate Division, Second Department upheld the lower court’s decision which granted summary judgment to our client, construction manager Pami Construction Corp, in a wrongful death/Labor Law action. In Sonia Areli Amaya Serrano v. Sophia Popovic, Pami Construction Corp. v. Baschnagel Brothers, Inc...........read more

 

Second Department Upholds Application of Employee Exclusion to Named Insured and Additional Insured

In an appeal brought by our attorneys in Campoverde v. Fabian Builders, LLC, 83 A.D.3d 986, 922 N.Y.S.2d 435 (2d Dept 2011), the Appellate Division, Second Department, reversed an order of the Supreme Court, Kings County, and adopted our argument that neither.........read more

 

Southern District Reaffirms Additional Insured’s Independent Duty to Request Coverage

The Southern District reaffirms that a party seeking additional insured coverage has an independent and implied obligation to comply with the notice provisions of the insurance policy under which it is seeking.........read more

 

Three Year Statute of Limitation of Claims Against Design Professionals Accrues Upon Termination of Relationship

The Appellate Division, Second Department upheld the trial court’s award of summary judgment to an architectural firm, where the cause of action accrued more than three............read more

 

Additional Insured Coverage Blanket Endorsement

We are pleased to announce that we successfully convinced the Second Department in Burlington Ins. Co. v. Utica First Ins. Co., 2010 NY Slip Op 01906, to reverse the Nassau County trial court’s decision and agree with the First Department’s decision in Rodless Properties v Westchester Fire Insurance Company..........read more