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ATTORNEY’S FEES, INSURANCE LAW LMK Psych. Servs., P.C. v. State Farm Mut. Auto Ins. Co., No. 31 In an action for no-fault insurance proceeds, the attorneys’ fee award in favor of Plaintiffs is reversed, where: 1) attorneys’ fees in an insurance claim are to be calculated based on the aggregate of all bills for each insured; and 2) an insurer who issues a proper and timely denial is entitled to tolling with regard to interest on the claim.
CONSTRUCTION, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE Kerusa Co. v. W10Z/515 Real Estate Ltd. Pshp., No. 36 In a fraud action stemming from construction defects, the dismissal of the complaint is affirmed where a purchaser of a condominium apartment may not bring a claim for common-law fraud against the building’s sponsor when the fraud is predicated solely on alleged material omissions from the statutorily mandated offering plan amendments
INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW Ferluckaj v. Goldman, Sachs & Co., No. 45 In a tort action based on Plaintiff janitor’s accident while cleaning a building leased to Defendant, the denial of Defendant’s summary judgment motion is reversed, where Defendant did not hire Plaintiff’s employer and exercised no control over Plaintiff’s work. .
PROBATE, TRUSTS & ESTATES, SPORTS LAW Golden Gate Yacht Club v. Societe Nautique de Geneve, No. 25 In an action seeking to exclude a challenger from the America’s Cup yacht race, summary judgment for Plaintiff is affirmed where the phrase “having for its annual regatta” in the trust instrument required a yacht club to hold an annual regatta on the sea prior to issuing its challenge to participate in the race Continue reading
