Gartner + Bloom
law book library

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

Court Clarifies Construction Defect Statute of Limitations Accrual Date

By Jacqueline Muttick

Decisions of Note

Premises Liability

Courtney v. Chadwin House
Condo unit owner’s numerous claims against condominium all dismissed.
Burbrudge v. Soho
Co-op succeeds in defeating tenants’ action to relocate rooftop chiller.
Reyes v. Astoria 31st Street Developers
Dismissal of ironworker’s labor law lawsuit upheld by the Appellate Division.
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.
Lloyd, et ano. v. Font, et al.
Summary Judgment dismissing entirety of complaint as against the client cooperative board one month before trial.
Davydov v. Forestal Condominium
Appeal to amend dismissed under “palpably insufficient” standard, with defense counsel also obtaining a bill of costs.
Christiano v. Heatherwood House, et. al.
Motion to Restore successfully opposed in Suffolk County matter with unique property damage allegations.
345 East 50th Street LLC, et al., v. Board of Managers of M at Beekman Condominium, et al.
The First Department affirmed the lower court’s decision to dismiss all claims against individuals who serve(d) on the condominium’s Board of Managers based on the business judgment rule.

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 Cranberry
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

State Farm v. Sahor
Court declines to add insurance carrier to UM arbitration.
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.
Sposito v. Cutting, et al.
Client Defendant’s default reversed by Second Department, as well as a striking of the Note of Issue to permit discovery

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

Ellen Zedeck Trust v. SJB
Homeowner’s claims against contractor defeated where homeowner prevented contractor from performing the work.
Alpha v. Creative
Court dismisses New York lawsuit against California tech company for lack of jurisdiction.
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
Plaintiff given chance by Court of Appeals to assert claim but loses at trial.
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

Levy v. 103-25
Discrimination claim against co-op insured defeated on motion.
Robson v. Scarborough Manor
Defamation claims defeated.
Corsini v. Brodsky
Wrongful arrest and civil rights claims against landlord defeated.