Defendant and the victim were at a cabin upstate and had used methamphetamine. In the hours before the fire erupted, defendant went to the basement to make a batch of crystal meth. Defendant went upstairs and placed a plastic pitcher of lantern fuel on a wood stove. Defendant then became
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Pardalis & Nohavicka Animal Rights Law Update: Owner Must Answer For Abusing Pit Bull
The victim, a male red-nosed tan pit bull, was deprived by his owner of necessary food and drink for an extended period of time causing the victim to become highly emaciated. He was living in feces and urine covered floors within the entire house. Owner also caused unjustifiable injuries to
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Pardalis & Nohavicka Premises Liability Update: Yankees responsible for drunk 20-year-old who bought beer from stadium hawker
Yankees responsible for drunk 20-year-old who bought beer from stadium hawker (that was an independent contractor) and then caused a car accident. Compliance with the Alcohol Purchase Age Law is a nondelegable duty in relation to the public. Shoyinka v DeAngelis, Bronx Supreme Court http://www.courts.state.ny.us/reporter/pdfs/2013/2013_33805.pdf
Pardalis & Nohavicka Premises Liability Update: "Photogrammetry" Defeats Trip And Fall Claim Against Splish Splash Park, L.I.
Plaintiff filed a lawsuit in the Bronx 12 days after a trip and fall accident allegedly caused by a defect in a walkway at Splish Splash, a Long Island amusement park. There was a disagreement as to the depth of the hole: plaintiff claimed that it was 2 to 2
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Pardalis & Nohavicka Insurance Law Update: “Arguable Basis” For Disclaimer Defeats Claim of Bad Faith (1st Dep’t)
Insured commenced a declaratory action one month after asking the insurer to reconsider its disclaimer of coverage in connection with the underlying action. A month later, insurer rescinded its disclaimer of coverage and agreed to provide insured with a defense in that action and to reimburse it for the reasonable
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