Monthly Archives: July 2023

Storage Firm Sues Oil Companies for Losses Caused by Oil Spill

Posted on July 31, 2023 | Comments Off on Storage Firm Sues Oil Companies for Losses Caused by Oil Spill

This was originally published on the SGR Blog.

What Was Legal Consequence of Premature Disposition of Damaged Tanks? 

Dagro Assoc.II, LLC sued four Getty and Chevron companies to recover damages for a violation of Navigation Law § 181. The law establishes a cause of action for damages resulting from an oil or petroleum spill. Dagro alleged that storage tanks were damaged by a spill.

The oil companies moved to strike Dargo’s third amended complaint on the ground of spoliation of evidence. In support of the motion, they asserted that they were deprived of the opportunity to inspect the storage tanks because Dagro disposed of the tanks after its expert had inspected them. Supreme Court denied the motion. The oil companies then moved for leave to reargue their prior motion. And the court, upon reargument, in effect, vacated the prior determination. Dagro appealed.

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Posted in Litigation

Tenant Sues For Failure to Return Security Deposit

Posted on July 27, 2023 | Comments Off on Tenant Sues For Failure to Return Security Deposit

This was originally posted on the SGR Blog.

Was Landlord’s Conduct Actionable/Sanctionable?

On August 11, 2021, Arlene Marie Karole filed a small claims action against 340 West End Ave, LLC, seeking $3,851.89 in damages for, among other things, the failure to return a security deposit for an apartment which Karole had leased from West End.

The Court conducted a nonjury trial from 10:25 a.m. and concluding at 12:25 pm. Karole appeared virtually via MS Teams. And West End appeared in person by Steven Kirschner, the president of Kay Equities, the management company of the apartment building. The trial was held on the record via FTR recording in Room 419 at 111 Centre Street, New York, New York.

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Posted in Landlord-Tenant, Litigation, New York Law, Real Estate

Dump Truck Backs Into Trailer During Dispute at Gas Station

Posted on July 24, 2023 | Comments Off on Dump Truck Backs Into Trailer During Dispute at Gas Station

This was originally posted on the SGR Blog.

Did Conduct Alleged Support a Claim For Punitive Damages?

Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed.

The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct so as to warrant punitive damages was without merit. The record disclosed that Salvatore was verbally arguing with Nazzarro and his friend. The friend’s vehicle was blocking a pump. According to the friend, he planned on moving his vehicle after putting items away but Salvatore wanted it done immediately. The friend testified at his deposition that Salvatore said, “if you’re not going to move it[,] I’m going to move it for you.”

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Posted in Litigation, New York Law, Personal Injury, Personal Injury

Dump Truck Backs Into Trailer During Dispute at Gas Station

Posted on July 20, 2023 | Comments Off on Dump Truck Backs Into Trailer During Dispute at Gas Station

This was originally posted on the SGR Blog.

Did Conduct Alleged Support a Claim For Punitive Damages?

Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed.

The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct so as to warrant punitive damages was without merit. The record disclosed that Salvatore was verbally arguing with Nazzarro and his friend. The friend’s vehicle was blocking a pump. According to the friend, he planned on moving his vehicle after putting items away but Salvatore wanted it done immediately. The friend testified at his deposition that Salvatore said, “if you’re not going to move it[,] I’m going to move it for you.”

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Posted in Litigation, New York Law, Personal Injury, Personal Injury

Defendants Objected to Production of Defense Counsel Related Documents

Posted on July 20, 2023 | Comments Off on Defendants Objected to Production of Defense Counsel Related Documents

This was originally posted on the SGR Blog.

Was Production Precluded by Attorney-Client and Other Privileges?

In an action between founders of MedReviews LLC, a company that publishes medical journals, podcasts, webcasts, and seminars. Michael Brawer, a minority member of MedReviews, sued Herbert Lepor, MedReview’s President, Vice President, and majority member, and other officers for allegedly mishandling company funds.

Brawer moved to compel disclosure of several withheld documents. Defendants asserted that the documents were properly withheld as they constituted attorney work product, documents prepared in anticipation of litigation, and documents covered by the attorney client privilege.

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Posted in Litigation, New York Law

Dad Tripped on Broken Glass While Inspecting Soccer Field

Posted on July 17, 2023 | Comments Off on Dad Tripped on Broken Glass While Inspecting Soccer Field

This was originally published on the SGR Blog.

Was City on Actual/Constructive Notice of Dangerous Condition?

Michael Hegeman alleged that, on June 17, 2018, at approximately 11:45 a.m., he arrived at a soccer field in a public park owned by the City of Newburgh. His son’s soccer team was scheduled to play a game on that field. After he arrived, Hegeman went over to an area with bleachers and saw broken glass bottles all over the ground in that area. He became concerned, because his son and his son’s teammates would be in that area, so he and some other parents and coaches started picking up the broken glass. While picking up the broken glass, Hegeman took a step backwards. When his foot came down, it came down upon a large piece of a broken glass bottle, which pierced his shoe and cut into his foot.

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Posted in Litigation, Litigation, New York Law, Personal Injury, Personal Injury

Elderly Shoprite Customer Injured When Sliding Door Closed on Walker

Posted on July 13, 2023 | Comments Off on Elderly Shoprite Customer Injured When Sliding Door Closed on Walker

This was originally published on the SGR Blog.

Would Court Decide Who of Many Actors Was Responsible for the Accident?

Rose Wettreich was injured when the automatic sliding doors in the vestibule of Shoprite of Commack, LLC closed on her as she was exiting the supermarket using a walker. Wettreich was knocked down and sustained a fractured hip that required surgical repair. Litigation ensued and the parties in interest remaining in the matter were Shoprite, Stanley Security Solutions, Inc., Stanley Access Technologies, LLC, and Mackenzie Automatic Doors, Inc.

Wettreich’s claims appeared to rest upon the theory of failure to properly maintain, control, and inspect the operation of the sliding glass doors.

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Posted in Litigation, Litigation, New York Law, Personal Injury

Hofstra Professor Sues Colleague/Student For Defamation

Posted on July 10, 2023 | Comments Off on Hofstra Professor Sues Colleague/Student For Defamation

This was originally posted on the SGR Blog.

Were Words Protected by Common Interest Privilege?

Stuart Bass, a Hofstra University professor, alleged that he was defamed by another Hofstra professor, Glenn Vogel, and a former Hofstra student, Marium Chubinidzhe. They moved to dismiss on the grounds that the complaint failed to properly detail the alleged defamatory statements and because their actions, in all events, were shielded by the “common interest” privilege.

The complaint alleged that Bass and Vogel are both Professors of Legal Studies at Hofstra’s business school. Bass has taught multiple “double-section” classes—i.e., classes attended by more than 55 students—which are highly coveted by the faculty because the remuneration for teaching such classes is higher than teaching a standard class size. Vogel wanted to teach such classes, but was not assigned any. Vogel resented Bass as a result, and bad-mouthed him to students, including Chubinidzhe (a Hofstra undergraduate alumnus and Hofstra law student), with the intent to cause the students to complain about Bass so that Bass would no longer receive the coveted assignments. Among the statements Vogel made to students was that Bass was arrested for DUI, lost his license, and had a student drive him to and from the school’s campus. That statement was made to Chubinidzhe on or about August 28, 2019.

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Posted in Litigation, Litigation, New York Law

Board Denied Chelsea Co-op Unit Owner Permission to Improve Adjacent Roof Area

Posted on July 6, 2023 | Comments Off on Board Denied Chelsea Co-op Unit Owner Permission to Improve Adjacent Roof Area

This was originally posted on the SGR Blog.

Owner Moved to Reargue Court’s Denial of Relief Sought Against Co-op/Board

Yetta Kurland is the proprietary lessee and shareholder of apartment 5C at 161 West 16th Street, New York, New York. 161 West 16th St. Owners Corp. is a cooperative housing corporation, which owns the building. According to Kurland, the Board of Directors of the co-op manages all maintenance and affairs of the building.

Kurland alleged in her complaint that she had undertaken a renovation project with respect to the apartment. The project included improvements to a portion of the roof area directly appurtenant to the unit– and to which the co-op board agreed. The complaint alleged that the board subsequently refused to sign the necessary forms, approvals and/or consents as required for Kurland to complete the renovations as they related to the roof. Kurland sued. Her complaint set forth causes of action for declaratory relief, injunctive relief, breach of contract, and a violation of Civil Rights Law § 52-a.

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Posted in Co-Ops, Real Estate

Accident on Lane 47 of Babylon Bowling

Posted on July 3, 2023 | Comments Off on Accident on Lane 47 of Babylon Bowling

This was originally posted on the SGR Blog.

Did Proprietor Create/Allow Dangerous Condition?

Judi Nelson sued to recover damages for injuries she allegedly sustained when she tripped and fell at AMF Babylon Lanes, a bowling alley located at 430 Sunrise Highway, West Babylon, New York. In her bill of particulars, Nelson alleged that she tripped and fell due to a “defective and dangerous condition” at lane number 47.

AMF moved for summary judgment in its favor, arguing that it did not create the alleged dangerous condition, and did not have actual or constructive notice thereof. In support of its argument, AMF submitted copies of the pleadings, transcripts of the parties’ deposition testimony, transcripts of three nonparty witnesses’ deposition testimony, a copy of a “customer incident report,” and a compact disk containing video footage.

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Posted in Litigation, New York Law, Personal Injury