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NY Appellate Team Obtains Affirmance of Summary Judgment to Landlord in Tenant’s Lawsuit Alleging Catastrophic Injuries

July 22, 2025 — Lewis Brisbois Newsroom
New York, N.Y. (June 20, 2025) - In Tucker v. All Metro Home Care Servs., Inc., ___ A.D.3d ___, 2025 NY Slip Op 03640 (1st Dep’t 2025), the plaintiff alleged to have been rendered quadriplegic after falling from the window of his second-story apartment in 2013. At the time of his fall, the plaintiff was a mentally disabled adult under the 24/7 care of a home health agency (which was also a named co-defendant). The firm represented the landlord/owner of the building in the action, brought in Supreme Court, Bronx County. The plaintiff’s primary theory of liability was that, given the plaintiff’s known mental infirmities, the landlord had a “heightened duty of care” under the common law to install window guards in the apartment. After years of discovery, Partners Jennine A. Gerrard and Clare Cunningham cross-moved for summary judgment on the landlord’s behalf. Both argued that neither any statute nor the common law imposed a duty of care upon the landlord to install window guards for the benefit of an adult tenant, regardless of the tenant’s mental condition. In particular, Jennine and Clare cited Milano v. 340 E. 74th St. Owners Corp., 158 A.D.3d 479, 479 (1st Dep’t 2018), where the Appellate Division, First Department, held that New York City’s “Window Guard Law” (24 RCNY 12-10(g)), which requires the installation of window guards under certain circumstances, has no application to apartments not occupied by a child ten years of age or younger. In opposition, the plaintiff largely raised procedural objections to the motion. On the merits, the plaintiff argued that, because, in his view, his fall was foreseeable, the landlord had a “heightened duty of care” at common law to install window guards, irrespective of the inapplicability of the Window Guard Law. The Supreme Court, Bronx County, granted the motion in full, dismissing all claims against the landlord. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Resulting Loss Claims Denied

August 18, 2025 — Tred R. Eyerly - Insurance Law Hawaii
After vandals caused extensive water damage to the insured's building, the claim for resulting loss was rejected by the federal district court. Epperson v. Lexington Ins. Co., 2025 U.S. Dist. LEXIS 102028 (S.D. Ohio May 29, 2025). The insured's borrower defaulted on a loan for purchase of a 78,000 square foot building. The insured obtained a deed to the insured property through foreclosure proceedings. Upon inspection, water was seen pouring out of the building in many places, including through windows. Mold was observed on all three levels of the building. The insured held an all-risk policy with Lexington. The policy included a Vandalism Exclusion, barring recovery for losses caused by vandalism unless the vandalism "results in a Covered Cause of Loss," at which point the policy would pay for damage caused by the Covered Cause of Loss. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Insurer's Attempt to Challenge Appraisal Award Rejected

August 12, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025). The plaintiffs' home was destroyed by fire. State Farm was notified of the loss and after an inspection, made a payment in excess of $650,000 to plaintiffs. Plaintiffs hired a public adjuster who estimated the claim for damages in excess of $1,100,000. The claim included covered line items for backfill/grading, a front paver walkway, and architectural fees. An appraisal was demanded by plaintiffs. State Farm agreed to appraise losses under the Dwelling, Other Structures, and Trees, Shrubs, and Landscaping provisions. Both sides selected appraisers. The appraisers agreed on the scope and amount of the loss and issued a lumps award for the replacement cost value and the actual cash value of the appraised damages. After both appraisers signed the award, State Farm sent a letter notifying plaintiffs that it was refusing to pay the award in its entirety. State Farm claimed, first, that the award for damages for removal and replacement of backfill/grading was not covered under the Dwelling provision of the policy although State Farm agreed to pay to excavate the dirt/land and for backfill so that the new foundation could be installed. Second, State Farm claimed that plaintiffs must prove why architectural fees were necessary since blueprints for the home already existed. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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“Don’t Coblentz - You Might Miss It!”

July 08, 2025 — Daniel Lund III - Lexology
A Florida condominium association attempted to recover $8.5 million from a CGL insurer under a “Coblentz” agreement, a legal mechanism that allows a claimant to pursue – based on an assignment in settlement – recovery from the insurer of an insured party for a settlement reached with the insured party when the insurer has refused to defend the original insured. The case stemmed from construction defects at a condominium project in Jacksonville, Florida. The project, constructed from 2005 to 2008, faced issues when the original general contractor defaulted and was replaced. The condominium association discovered defects years later, including problems with dampproofing, masonry work, garage screens, and balcony railings. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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Bronx Public Housing Tower Partially Collapses

October 06, 2025 — Associated Press - Bloomberg
NEW YORK (AP) - A massive brick chimney running 20 stories up the side of a New York City apartment building collapsed after an explosion Wednesday, sending tons of debris plummeting to the ground. The falling bricks buried a sidewalk, landed on the playground of the public housing building and sent a cloud of dust billowing over the block in the Bronx, but amazingly did not injure anyone. “We avoided a major disaster here,” said Bronx Borough President Vanessa Gibson at a news conference. Mayor Eric Adams confirmed no injuries or deaths were reported in the collapse of the chimney, which rose up the side of the building from the boiler room. Authorities learned of an explosion just after 8 a.m. and were trying to determine if there had been a gas leak. Read the full story...
Reprinted courtesy of Bloomberg

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Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss

October 06, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Seventh Circuit affirmed the district court's ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25, 2025). Mesco Manufacturing, LLC held a business policy from Motorists Mutual Insurance Company. Mesco submitted a claim for hail damage to the roofs of its manufacturing facilities. The roofs were made of sheet metal, modified bitumen and ethylene propylene diene terpolymer (EPDM). Motorists Mutual paid $7,806.75 for the claim. Mesco disagreed with the amount and invoked the policy's appraisal provision. Appraisers were selected by the insurer and insured. The appraisers agreed that the metal roofing was hail damaged but disagreed on whether the EPDM and modified bitumen roofs were hail damaged. An umpire was selected. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Real Estate & Construction News Roundup (8/20/25) – Hotel Growth Forecast, Data Center Availability and an AI Rental Revolution

September 23, 2025 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, AI cuts disaster infrastructure losses, multifamily drives increase in CRE delinquency rates, commercial services firms lead in office and industrial leasing activity, and more!

• AI applications such as predictive maintenance and digital twins could prevent 15% of projected natural disaster losses to power grids, water systems and transportation infrastructure. (Robyn Griggs Lawrence, Construction Dive)
• U.S. hotel growth forecast has been downgraded amid continued underperformance and elevated macroeconomic concerns. (Noelle Mateer, Hotel Dive)
• Multifamily was the only major commercial real estate sector to post increases in delinquency and servicing rates in July. (Leslie Shaver, Multifamily Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Congratulations 2025 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars

July 15, 2025 — White and Williams LLP

White and Williams congratulates the thirteen attorneys nominated as Super Lawyers and ten attorneys named Rising Stars across our Delaware, Massachusetts, Maryland, New Jersey, New York and Pennsylvania offices. Lawyers are selected through a process that takes into consideration peer recognition and professional achievement. The lawyers named to this year’s list represent a multitude of practices throughout the firm.

Super Lawyers 2025

Attorney	Super Lawyers Denoted Practice Area (s)
Kevin C. Cottone	Medical Malpractice
Robert G. Devine	Personal Injury, Employment Litigation, Products Liability
R. Victoria Fuller	Employment & Labor, Insurance Coverage, Schools & Education
David D. Gilliss	Surety, Construction Litigation, Administrative Law
Dirk C. Haarhoff	Insurance Coverage
Eric B. Hermanson	Insurance Coverage, Civil Litigation
Eric G. Korphage	Surety, Construction Litigation, Business Litigation
Bridget La Rosa	Estate Planning & Probate
John G. Loughnane	Bankruptcy: Business, Alternative Dispute Resolution, Business/Corporate, Creditor Debtor Rights: Business, Technology Transactions
Randy J. Maniloff	Insurance Coverage
Wesley R. Payne	Insurance Coverage, Personal Injury, Civil Litigation
Heidi J. Sorvino	Bankruptcy
Andrew F. Susko	Civil Litigation, Medical Malpractice, Business Litigation

Read the full story...
Reprinted courtesy of White and Williams LLP

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