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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

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 […]
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 […]
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.  […]