After a long year and the substantive investigations coming to a close, we are pleased the we are one step closer to our clients having their day in court. Our client’s have lost their homes, belongings, beloved pets, and have endured significant financial hardships over the past year. We believe that the lawsuit reflects all … Continued
Supreme Court, Appellate Division, First Department, New York. LATIPAC CORP., Plaintiff–Appellant, v. BMH REALTY LLC, et al., Defendants–Respondents. Decided: February 2, 2012 DAVID FRIEDMAN, J.P. JOHN W. SWEENY JAMES M. CATTERSON DIANNE T. RENWICK NELSON S. ROMÁN, JJ. Goldberg Weprin Finkel Goldstein LLP, New York (Kevin J. Nash of counsel), for appellant. Greenblatt … Continued
We’re not just lawyers, we’re parents too. We love our kids they are very cute, but they are little vehicles of destruction. When you add four boys to the mix, the odds of sudden and “accidental” catastrophe is virtually guaranteed increasing the need for protection with property insurance! So when my 3-year old, with his big … Continued
Following a frozen pipe and significant property damages, the homeowner’s insurance company denied the insured’s claim alleging a failure to maintain heat at the premises. Furthermore, the insurance company further alleged that the premises was not “occupied” at the time of the loss. Utilizing certain ambiguities in the insurance policy, relevant and novel case … Continued
Insurer owned a mixed use property with a restaurant rented to a tenant. A fire occurred in the kitchen of the restaurant, allegedly caused by ducts that were not properly cleaned and aggravated by the claim that the restaurant’s fire suppression system was not operable. The insurance carrier denied completely the claim stating that the … Continued
Following a severe windstorm, the roof of the insured’s commercial building sustained property damage which resulted in water damage to the interior. The insured’s claim was denied based upon no alleged evidence of windstorm damage. After being retained, Greenblatt Agulnick, successfully reopened the claim and through the use of photographic evidence and expert reports settled … Continued
Insured purchased a foreclosure property occupied by a hostile tenant. After legal action by the insured an eviction was scheduled, however, the day prior to the eviction there was a fire at the building. Insurance company denied the claim based upon the insured’s alleged failure to comply with the protective safeguard provision of the policy … Continued
During the course of the construction of a small commercial office building, subcontractor failed to properly shore vertical supports during excavation. As a result, the vertical supports shifted causing the building to partially collapse. Litigation for negligence was commenced against the contractor and subcontractor for lost rents, fines, and consequential damages. Settled following mediation for … Continued
Following a frozen pipe and significant property damages, the homeowner’s insurance company denied the insured’s claim alleging a failure to maintain heat at the premises. Furthermore, the insurance company further alleged that the premises was not “occupied” at the time of the loss. Utilizing certain ambiguities in the insurance policy, relevant and novel case law, … Continued