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The Current Standard of Bad Faith Claims in New York

Client Resources | 1 Jan 2002 | by

First Party Claims New York Insurance Law section 2601 requires “good faith claim practice” with regard to the adjustment of first-party claims in New York. The violation of this statute subjects the insurer to administrative penalties issued by the insurance department, rather than a suit for punitive damages by the purportedly aggrieved party. The U.S. Circuit Court of Appeals for the Second Circuit, which examined New […]

Trivial Defects in New York

Client Resources | 1 Jan 1997 | by

Determining if the Defect was Actionable In cases that involve a defective sidewalk or stairway two issues must be addressed.  The first is whether the defect is so trivial as to be non-actionable.  The second is whether the defendant had notice of the condition. Traditionally, the New York State Court of Appeals, while holding that there is no minimal dimension test or rule that […]

Fraudulent Joinder and How to Defeat It In Federal Diversity Cases

Client Resources | 1 Jan 1996 | by

Federal courts have diversity jurisdiction over all civil actions where the amount in controversy exceeds $50,000 and the action is between the citizens of different states. 28 U.S.C. § 1332.3 Diversity jurisdiction requires complete diversity; every plaintiff must be diverse from every defendant. Tapscott v. MS Dealer Service Corp., 77 F.3d 1353, 1355 (11th Cir. 1996). Fraudulent joinder is a judicially created doctrine that provides […]

MSZL&M Secures Summary Judgment in Pennsylvania Defamation Case

Recent Verdicts | 1 Jan 1991 | by

Mintzer Sarowitz Zeris Ledva & Meyers LLP recently secured a summary dismissal of a retail defendant in a defamation case filed in Pennsylvania by arguing that the plaintiff failed to establish in the record a prima facie case of defamation.  The store manager previously banned the plaintiff from the store for threatening employees.  Plaintiff entered the store, despite the ban, and created a scene.  […]