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Mid-level Litigation Attorney with trial experience
Encino office of our client seeks mid-level litigation attorney with 4...
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May 26, 2018
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Lester Schwab Katz & Dwyer, LLP
> Firm Details
120 Broadway, 38th Floor ,
New York City, New York - 10271
Staff Size : 68
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Supreme Court Finds Duty to Defend Additional Insureds, Despite Dismissal of Named Insured from Underlying Tort Action
Ellen M. Spindler recently won summary judgment in a declaratory judgment action seeking additional insured coverage for the New York City School Construction Authority, City of New York and Board of Education of the City of New York ("the City Plaintiffs") with respect to an underlying tort action involving an injury to an employee of a general contractor caused by a fall from a ladder attached to an asbestos container on site to dispose of asbestos waste. Judge Herman Cahn, of New York County Supreme Court, ruled that, despite the dismissal of the asbestos subcontractor from the underlying tort action, Lumbermen's Mutual Casualty, the carrier for the asbestos subcontractor owed a duty to defend the City Plaintiffs as additional insureds under a policy of insurance issued to the named insured asbestos subcontractor as that policy provided coverage for bodily injury arising from your "work", defined to include work or operations performed by the subcontractor and materials, parts or equipment furnished in connection with such work and also denied Lumbermen's cross-motion seeking a declaration that there was no duty to defend or indemnify the City Plaintiffs. Judge Cahn relied on the recent Appellate Division, First Department decision of Worth Construction Company, Inc. v. Admiral Insurance Company, 40 A.D.3d 423, 836 N.Y.S.2d 155 where the Court found that it was sufficient that an injury occurred on stairs to trigger additional insured coverage by a policy of insurance issued to the stairway subcontractor, despite its dismissal from the action.
The firm is pleased to announce that David H. Motola, Steven P. Orlowski, Lawrence A. Steckman and Harry Steinberg have become members of the firm.
Mr. Motola’s work involves general liability matters, labor law claims, products liability cases, motor vehicle accidents, premises liability matters, construction-related claims and commercial matters. Mr. Motola also acts as outside general counsel for clients overseeing their respective nationwide litigation and commercial matters.
Mr. Orlowski’s practice involves the defense of premises and automobile liability matters as well as personal injury matters arising from construction-related accidents involving the application of the New York State Labor Law and violations of the industrial code. He also has extensive litigation and trial experience defending asbestos products manufacturers and building construction companies where asbestos products were installed, in the New York City Asbestos Litigation.
Mr. Steckman continues to focus his practice on securities and derivatives litigation, securities arbitration and securities regulatory matters and the defense and prosecution of claims under the RICO statute
Mr. Steinberg practices in our appellate department, where he writes and argues appeals in state and federal appellate courts, as well as serving as appellate counsel in connection with ongoing trials.
Intellectual Property,Litigation,Bankruptcy & Creditors Rights,Appellate Practice, Commercial, Business and Securities Litigation Practice, Complex Tort Practice, Constructionlabor Law Practice, Copyright and Trademark Practice, Employment and Labor Law Practice, Environmental Practice, General Liability Practice, Health, Life, Accident and Disability Practice, Insurance Services and Coverage Litigation Practice, Marine and Cargo Practice, Medical Liability Practice, Products Liability Practice, Professional Liability Practice, Retail, Hotel and Restaurant Industry Practice, Subrogation and Property Loss Practice, Toxic Tort Practice, Trucking and Transportation Practice.