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 A month later, insurer rescinded its disclaimer of coverage and agreed to provide insured with a defense in that action and to reimburse it for the reasonable
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Pardalis & Nohavicka Premises Liability Law Update: Mail Carrier 's Claim of Homeowner's Defective Storm Door Fails
While delivering mail to the insured premises, a postal worker opened a storm door, squatted down, and held the storm door open with the left side of her body to reach the mail slot that was located in the wooden door, about six inches above the bottom. After depositing the
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