tag:blogger.com,1999:blog-22402991837935739832018-10-14T13:28:33.025-07:00Gartner + Bloom PC Firm NewsThis is firm news and press for Gartner + Bloom PC, a law firm based in New York and New Jersey.Gartner Bloomnoreply@blogger.comBlogger34125tag:blogger.com,1999:blog-2240299183793573983.post-56533183754639589802018-10-14T13:24:00.000-07:002018-10-14T13:28:33.017-07:00Associate Vera Tsai forces reversal at Second Department, which vacated a client’s previous default judgment and struck the Note of Issue, resulting in a return to discovery.After joining the defense for a Defendant held in default, Associate Vera Tsai successfully appealed to the Second Department. The Second Department reversed the lower court’s decision (i) vacating the default; and (ii) and striking the Note of Issue in order to permit further discovery by the client. See the decision here. Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-70244917442964295002018-09-27T11:32:00.000-07:002018-09-27T11:39:25.444-07:00G&B successfully opposes Motion to Restore, leading to dismissal, of Suffolk County matter that presented unique property damage allegationsBy: Gartner & Bloom, P.C. Date: September 27, 2018 Partner Arthur P. Xanthos and Associate Michael E. Kar successfully opposed a plaintiff’s Motion to Restore in a matter containing unique property damage allegations. Following the submission of opposition to the Motion, the case was dismissed. See the decision here. Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-4433006963274670002018-04-05T14:01:00.000-07:002018-09-28T07:33:17.305-07:00Rodriguez v. City of New York – Court of Appeals decision is adverse to defense counsel’s ability to defend comparative negligence cases; holds that plaintiffs may obtain summary judgment on liability without establishing the absence of their own negligence By:      Roy Anderson, Esq.             Associate, New York Date:   April 5, 2018 The Court of Appeals dealt a significant blow to defense counsel in a recent decision, Carlos Rodriguez v. City of New York (2018), by holding that plaintiffs do not bear the burden of first establishing the absence of their own comparative negligence to obtain partial summary judgment as to liability in a Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-35870798989668529922018-04-02T15:46:00.003-07:002018-04-05T14:56:42.730-07:00Recent Publication by Associate Attorney Jacqueline Muttick By:      Gartner + Bloom, P.C. Date:   April 2, 2018             Associate Attorney Jacqueline Muttick was recently published in CLM Construction Magazine. Ms. Muttick examined a New Jersey Supreme Court decision that held that a construction defect action accrues not upon substantial completion of construction but instead when the building’s owner knows or should have known through Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-47661931943351482512018-04-02T15:44:00.001-07:002018-09-27T11:49:24.726-07:00First Department finds factual issues in §241(6) exclusion, and holds that claim by a lessee's contractor triggers the lessor's indemnity By: Michael E. Kar, Esq.        Associate, N.Y. Date: December 27, 2017 Synopsis:             On March 1, 2018, the First Department entered their decision in Karwowski v. 1407 Broadway Real Estate LLC. This decision gleans two important considerations for insurers and practitioners, in the Appellate Division’s: (i) holding that a lessor’s indemnity provision will be triggered by a claim by aGartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-14290051496633179612017-12-27T08:58:00.000-08:002018-04-05T14:56:27.468-07:00New Year, New Contract Drafting and Due Diligence Concerns for Partnerships By:      Michael E. Kar             Associate, New York Date:   December 27, 2017             Entities that are taxed as partnerships enter 2018 with fresh concerns in relation to due diligence and contract drafting, in reaction to changes in the statutory regime impacting audit procedures for taxable years starting after December 31, 2017.            By way of background,Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-48989217329429575182017-12-11T14:12:00.001-08:002018-04-05T14:56:19.795-07:00G + B Participates in the 2017 New York Cares Winter Wishes Program By:      Gartner + Bloom, P.C. Date:   December 11, 2017             Under the leadership of Alex Fisher, g + b was proud this year to participate in the New York Cares Winter Wishes program. The program collects children’s letters to Santa and sends them to volunteers who play Santa and buy, wrap and deliver the gifts before Christmas. Our attorneys and staff provided gifts for Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-10914767526023393192017-10-19T13:26:00.001-07:002018-09-27T11:54:39.390-07:00Outside the Coverage Period but Still Covered: New Jersey's Warning to Insurers in Construction Defect Matters By:      Jacqueline A. Muttick, Esq. & Marc Shortino, Esq.             Associate, New Jersey                Partner, New Jersey Date:   October 19, 2017             On October 10, 2017, the New Jersey Appellate Division addressed the “continuous-trigger” theory of insurance coverage in Air Master & Cooling, Inc. v. Selective Insurance Company of America, __ N.J. Super. __, Docket No. Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-22013087478776872502017-10-04T08:53:00.000-07:002018-04-05T14:55:52.848-07:00Appellate Court in Divorce Proceeding Gives Weight to Motive Behind Life Insurance Policy: What Doors Does This Open Moving Forward? By:      Michael E. Kar             Associate, New York Date:   October 4, 2017             In a recent decision, the Second Department has opened the door for matrimonial attorneys and parties to question the motive behind the failure to pay premiums for life insurance policies, for the purpose of automatic orders in divorce actions.             Upon the commencement Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-37999911090009885882017-09-26T13:02:00.001-07:002017-09-26T13:04:12.650-07:00CAMELOT RETURNS TO MANHATTAN! Gartner + Bloom is pleased to support the Washington Heights and Inwood Development Corp (WHIDC.org), which holds the annual Medieval Festival at Fort Tryon Park on Sunday, October 1, 2017 from 11:30 am to 6pm. The festival is a unique chance to experience the Medieval period in the most authentic setting this side of the Atlantic. The area around the Cloisters Museum in Fort Tryon Park is Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-11085808252438421782017-09-19T10:44:00.000-07:002018-04-06T06:34:19.366-07:00Construction Defect Claims: A New Statute of Limitations Analysis By:      Jacqueline A. Muttick, Esq.             Associate, New Jersey Date:   September 19, 2017       On September 14, 2017, the New Jersey Supreme Court in The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, articulated when the accrual date of the six year statute of limitations for construction defect claims accrues. The Court held that a construction Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-84455969710346928202017-09-15T13:49:00.000-07:002017-09-15T13:49:41.661-07:00        LESSONS AND LAW FROM A CRANE COLLAPSE, by Anne E. Armstrong          The First Department has reduced the awards to plaintiffs in the widely covered crane collapse case of May 30, 2008. The First Department also upheld the preclusion of a defense expert whose testimony was deemed to be speculative and conclusory. Additionally, the First Department upheld the piercing of the corporate Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-28077170314622504602017-08-01T13:08:00.001-07:002017-08-01T13:08:52.530-07:00New York Litigation Landscape in the Autonomous Vehicle Eraby Vera Tsai There is no doubt that we are entering the “autonomous vehicle era.”  Just nine months ago, the National Highway Traffic Safety Administration (“NHTSA”) issued a “Federal Automated Vehicles Policy” (“The NHTSA Policy”) which provides guidance on the safe design and development of “Highly Automated Vehiclesi” (HAVs). The NHTSA Policy reflects the Department of Transportation’s Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-19460753548048075852017-05-26T08:52:00.000-07:002017-05-26T08:54:52.535-07:00 SLIPPERY STAIRS AND THE LABOR LAW: NEW GUIDANCE,  By Arthur P. Xanthos Defense counsel and carriers should be aware of the recent Court of Appeals pronouncement on Labor Law 240(1) cases, particularly because this latest pronouncement provides a roadmap for defeating plaintiffs’ common stratagem – the summary judgment motion. The decision is O'Brien v Port Auth. of N.Y. & N.J., 2017 N.YGartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-30159761128282053802017-05-09T14:21:00.001-07:002017-05-09T14:35:03.606-07:00 LANDLORDS  AND SECONDHAND SMOKE COMPLAINTS: THE  APPELLATE DIVISION CLEARS THE AIR By Joseph Rapice and Arthur P. Xanthos This Firm recently won a successful appeal concerning whether a co-op has an obligation to guarantee an odor free apartment for a shareholder.  The appellate decision, Reinhard v. Connaught Tower Corporation, is available on this website under Publications. Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-16259056519334993102016-09-15T12:10:00.000-07:002016-09-15T12:10:40.745-07:00Firm Wins Significant Dismissal in Construction Defect Case, by Alexander D. Fisher, Esq. In a recent New Jersey decision, this Firm succeeded in obtaining partial summary judgment in a construction defect case, dismissing multiple causes of action and claims against our client.  With this decision, the Court dismissed over 98% of the Plaintiff’s claimed damages of $6.1 million asserted against our client. The case is Views at Hudson Pointe Condominium Association v. K. Hovnanian at Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-68840317598907206772016-08-31T13:55:00.001-07:002016-08-31T13:56:53.897-07:00Kenneth Bloom to Speak at the 2016 CLM National Construction Claims Conference in San Diego CA <!--[if supportFields]> MERGEFIELD First_Name <![endif]-->Gartner + Bloom is proud to announce that managing partner Kenneth<!--[if supportFields]><![endif]--> <!--[if supportFields]> MERGEFIELD Last_Name <![endif]-->Bloom will be speaking at the 2016 CLM National Construction Claims Conference.  The conference will be held in the Manchester Grand Hyatt in San Diego, California, September 28-30.Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-41655906065452224132016-08-15T14:35:00.000-07:002016-08-15T14:36:41.756-07:00MOLD PERSONAL INJURY LAWSUITS: WHY DO THEY CONTINUE? By Arthur P. XanthosIn our August 6, 2014 article, we explained the import of the New York State Court of Appeals' Cornell decision -- without medical community acceptance of causation between mold and bodily injury, courts in New York State will dismiss lawsuits for bodily injury premised on mold. Since the Cornell decision came down, this Firm has used it twice to dismiss mold-related bodily injury claims againstGartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-58850260130058611722016-07-19T14:57:00.001-07:002016-07-19T14:57:15.128-07:00WHERE THERE'S A WILL, THERE'S A FAMILY - By ALEXANDER D. FISHER, ESQ. Recently, the Firm succeeded in obtaining summary judgment on behalf of our client - a well-known catering establishment in Great Neck, New York - in a case involving a dispute over the ownership rights of shares in a family-owned business. In this matter, Plaintiff, one of the sons of the deceased founder of the business, sought to block his stepmother from taking shares of the company Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-67524391203533003462015-08-10T20:57:00.000-07:002015-08-10T21:00:59.257-07:00New York City Building Owners and the Legionella Outbreak, by Arthur P. XanthosThis past week has seen an outbreak of legionella in buildings in the South Bronx section of New York City.  Legionella is the bacterium that causes legionnaires disease and flourishes in the water of air conditioning and central heating systems. Utmost concern is for the health and safety of building residents, and pending New York City regulations address this concern by imposing on building Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-59648791929189074162015-07-27T07:54:00.000-07:002015-07-28T20:31:33.010-07:00WE'VE MOVED!G + B is pleased to announce the relocation of our New York offices. To accommodate our continued growth, you will now find us in significantly larger premises at 801 Second Avenue occupying the entire 11th floor. Our new state of art facilities are designed to serve our clients more effectively, and comfortably and efficiently accommodate our current professional and support staff as well as ourGartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-23537497554775817372014-12-17T19:19:00.000-08:002014-12-18T04:04:34.110-08:00Ignoring Court Ordered Discovery Leads to Preclusion of Tenant's Claim, by Arthur XanthosDentists are fond of saying if you ignore your teeth, your teeth will go away.  The same is true in litigation: ignore your discovery obligations and your claim will go away. This Firm is defending a building owner in a case brought by a tenant (who happens to be a lawyer).  The tenant alleges among other things bodily injury from second-hand smoke in his apartment.  As is customary, we demandedGartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-76339169100308357862014-11-03T19:06:00.000-08:002014-11-04T09:09:36.967-08:00Shareholder Disputes: How to Obtain Company Documents, by Stuart F. GartnerWhat can you do if you suspect that shareholders in your company are engaging in fraud or mismanaging the company, yet your requests for corporation records go unheeded? In Novikov v. Oceana Holdings Corp., a case handled by this Firm, the Kings County Supreme Court answered that question: so long as you have a legitimate purpose (such as investigating suspected mismanagement), you can force the Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-36015525473180121512014-10-08T14:00:00.000-07:002014-10-08T14:00:33.750-07:00Gartner + Bloom Lawyers Awarded SuperLawyer Distinction for 2014The Firm is pleased to announce that Ken Bloom and Arthur Xanthos have received the New York Metro Area SuperLawyers distinction for 2014. Ken received the SuperLawyer award in the area of construction litigation (http://digital.superlawyers.com/superlawyers/nyslrs13?pg=81&search_term=bloom&doc_id=-1&search_term=bloom#pg81) while Arthur received his in the area of business litigation (http://Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0tag:blogger.com,1999:blog-2240299183793573983.post-52621062146538207012014-10-08T13:02:00.000-07:002014-10-08T18:07:20.137-07:00Arbitrating Indemnity Issues During the Pendency of a Supreme Court Action, by Arthur XanthosOur last article warned of a pitfall with the traditional arbitration clause - ‎an arbitrator may end up with a power (e.g., the power to award punitive damages) that was never intended by the parties. Here we highlight another arbitration issue that has arisen several times in our practice. Assume an Owner (O) hires a General Contractor (GC) to do work on a construction site, and the standard Gartner Bloomhttps://plus.google.com/106000707810627827064noreply@blogger.com0