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Publications and Decisions of Note

Publications:

Mold Litigation - An Overview by Ken Bloom & Arthur Xanthos
Contribution Under New York Law: A Primer by Arthur Xanthos
The Crystal Ball and Mold Litigation by Arthur Xanthos
Leveling the Playing Field: The Case for Repealing New York Labor Law 240 by Kenneth A. Bloom and J. Lee Wright, Litigation Management Magazine, winter 2012.
Disbursement of Insurance Money Covering An Insured's Legal Expenses As Incurred by Arthur P. Xanthos, Fordham Urban Law Journal, Volume 16, Issue 3, 1987.
Civil, Meet Criminal by Ken Bloom and Jeff Miragliotta, Construction Claims, Spring 2017
New York Litigation Landscape in the Autonomous Vehicle Era by Vera Tsai

Decisions of Note:

Premises Liability

Lark v. DeMatteis - Knowledge of leak does not constitute notice of potential mold.
Francis v. DeMatteis - Defense verdict against tenant injured by remediation chemicals upheld.
Spalma v. Lawrence Towers - Summary judgment to building owner on lack of causation in toxic tort case.
Carroll v. Nostra - Dismissal of complaint where plaintiff refused to proceed to trial.
Jones v. 170 East 92 - Late filed physician affidavit rejected by court on summary judgment motion.
Payson v. 50 Sutton Place South - Subrogation claim against co-op dismissed due to waiver of subrogation clause in lease.
Theodoli v. 170 East 77 - Defendant not compelled to produce all documents to be used at trial.
DiCarlo v. Beacway - Prior settlement of landlord-tenant proceeding bars new tort action.
Great Northern v. 33072 Owners - No negligence proved where plaintiff does not explain cause of burst pipe in apartment.
Berenger v. 261 West LLC - Plaintiffs’ noise complaint where settlement demand is $1 million results in $23,000 award.
Cangro v. Park South Towers - Tenant action for wrongful actual eviction dismissed.
Johnson v. SW Management - Rent stabilized tenant’s overcharge complaint unsuccessful.
Lowe v. Madison 79 - Building owner successful in forcing title company to defend and indemnify encroachment issue.
Waller v. Site Safety - Pedestrian trip on construction.
Burbridge v. Soho Plaza - Jury demand struck due to valid jury waiver in lease.
Geis v. Penny Lane - Whether repair of leaks was reasonable is issue of fact precluding tenant victory on motion.
Cheng v. Main Street Plaza Condominium - Condo unit owner application for injunction to compel repairs is denied.
Johnson v. 78/79 York - In second-hand smoke case, tenant precluded from proving bodily injuries.
Murray v. 92 Yorkville - Tenant application for legal fees denied where tenant was deemed unsuccessful in litigation.
Gottesman v. Graham Apartments - Shareholder-tenant found primarily liable for mold condition following flood.
Syllaba v. Colton Condominium - Mold plaintiff complaint dismissed on summary judgment motion.
Turgeon v. Vassar College - Summary judgment dismissing labor law claim.
Golden v. The Summit at High Point - Summary judgment for client on snow and ice case.

Toxic Tort

Lark v. DeMatteis - Knowledge of leak does not constitute notice of potential mold.
Francis v. DeMatteis - Defense verdict against tenant injured by remediation chemicals upheld.
Spalma v. Lawrence Towers - Summary judgment to building owner on lack of causation in toxic tort case.
Carroll v. Nostra - Dismissal of complaint where plaintiff refused to proceed to trial.
Jones v. 170 East 92 - Late filed physician affidavit rejected by court on summary judgment motion.
DiCarlo v. Beacway - Prior settlement of landlord-tenant proceeding bars new tort action.
Cangro v. Park South Towers - Tenant action for wrongful actual eviction dismissed.
Benton v. 80 Cranberryn - Summary judgment dismissing mold bodily injury claims.
Ogust v. 451 Broome Street - Award ordering co-op to relocate tenant reversed.
Syllaba v. Colton Condominium - Mold plaintiff complaint dismissed on summary judgment motion.
Anderson v. Oliver Cromwell Owners - Toxic tort bodily injury and property damage claims dismissed due to the statute of limitations.

Insurance Coverage

Great Northern v. 33072 Owners - No negligence proved where plaintiff does not explain cause of burst pipe in apartment.
Payson v. 50 Sutton Place South - Subrogation claim against co-op dismissed due to waiver of subrogation clause in lease.
Lowe v. Madison 79 - Building owner successful in forcing title company to defend and indemnify encroachment issue.
St. George Tower and Grill vs. Insurance Company of Greater New York - Declaratory judgment victory for property insurance carrier.
Greyhound v. Gallina - Default upheld by the Second Circuit.
Artalyan, Inc. v. Kitredge Realty Co. - Post-fire demolition and clean up does not result in claim for property damage.
Baker v. American Safety Casualty Insurance Co. - No insurance coverage for employee due to plain meaning of policy exclusion.
Greater NY Mutual v. Admiral Indemnity - Subsequent insurer obligated to defend insured due to allegations in the complaint.

Employment Law

Sanchez v. Brown Harris - Property manager held potentially liable under State discrimination laws.
Brown v. Time Warner Cable - Hostile work environment claim dismissed.

Contracts/Business Law

Han Fui Hui v. Tieh Chi Ho - Plaintiffs have no claim over corporation issuing new shares.
Van Kipnis v. Van Kipnis - Forty year old French prenuptial agreement upheld in NY courts.
Hui v. East Broadway Mall - Commercial claim reinstated despite untimeliness.
Oshy v. Koufa - Tenant surrender agreement upheld as valid.
Marat v. Oceana Holdings - Shareholder permitted to examine corporate documents.
Oceana Holdings v. Novikov - Defamation and civil conspiracy claims against shareholder dismissed.
Homes vs. West Square Corporation - No personal liability for co-op Board president.
Sessa v. Sessa - Summary judgment granted in shareholder dispute.
Verizon v. 50 Varick - Spoliation sanctions granted against plaintiff.

Defamation/Civil Rights:

Robson v. Scarborough Manor - Defamation claims defeated.
Corsini v. Brodsky - Wrongful arrest and civil rights claims against landlord defeated.

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