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COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

The Employer’s Duty to Provide a Safe Work Environment Every day employees of companies large and small are potentially subject to acts of workplace violence.  Pursuant to the common law, employers have no duty to protect their employees from harm in the workplace.  However, employers and the insurance carriers who insure them must be aware that New York State laws and federal regulations require […]
Defense Verdict for New Years’ Eve Slip and Fall Accident Kevin Kelly, a partner in MSZL&M’s New York office, recently secured a defense verdict in Supreme Court, Kings County, in the matter of Duran v. Acequia Holdings Inc.  As many in the legal and liability insurance fields are aware, Kings County is by and large a plaintiff-oriented venue with higher than typical verdicts when compared […]
Proving Negligence in Slip and Fall Cases “Slip and fall” is a term used to describe a personal injury action against land owners when a person slips or trips on their property and sustains injuries.  These types of personal injury claims are commonly asserted against owners of restaurants and retail stores.  Under Pennsylvania law, customers, also know as “business invitees,” are owed the highest […]
Benefits of Wearing a Motorcycle Helmet The benefits of wearing a helmet while operating or riding as a passenger on a motorcycle are widely documented. According to the Centers for Disease Control and Prevention (CDC), 42% of the motorcyclists who were fatally injured in 2010 were not wearing helmets. While helmets saved the lives of 1,500 motorcycle operators and passengers, the National Highway Traffic […]
As an owner or operator of a retail establishment, you may one day face a claim sounding in false imprisonment brought by a patron who was detained for the purpose of questioning or investigation in connection with attempts to shoplift items or perform some other criminal act.  It is therefore prudent for store owners to be aware of the essential elements and defenses to […]
Generally, in the Commonwealth of Pennsylvania, every property owner (or those occupying or in control of property) has a duty to keep its adjacent sidewalks and lots in a safe condition for travel by the public.  In fact, walkways “must be so maintained that they will not present an unreasonable risk of harm to pedestrians.”  Peair v. Home Ass’n of Enola Legion No. 751, 430 […]
Controlling Statutes and Legal Principles In the State of New Jersey, N.J.S.A. 17:28-1.1 is an important statute pertaining to insurance coverage for uninsured and underinsured motorists (“UM/UIM”). In 2007, the statute was amended to specifically require that UM/UIM benefits be made payable to individuals employed by the named insured regardless of whether that individual is an additional named insured on the policy. Section (f) […]
While the average lawsuit in New York State may take a year or two to resolve, often cases can take years to resolve through no fault of defense counsel but, rather, through the inactivity and neglect on the part of the plaintiff or plaintiff’s counsel.  In those instances, it is possible that the action can be dismissed based upon an application by defense counsel […]
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 […]
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 […]