Appellate Division reaffirms that landlord must investigate when claiming a "good faith belief in non-liability."

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.

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.............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” .............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 .............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.............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’s in a declaratory judgment action. We successfully argued .............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 .............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 .............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.............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...........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

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

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

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..........read more