In its recent decision in Am. Zurich Ins. Co. v. Meridia Downtown Urban Renewal Bound Brook, LLC, 474 N.J. Super. 171 (App. Div. 2022), the Appellate Division considered whether civil litigants had offered sufficient proofs to pierce the privilege afforded to the...
David Gallacher Joins McCormick & Priore, P.C. as an Associate Attorney in the Princeton Office
David J. Gallacher joins McCormick & Priore, P.C. as an associate attorney in the Princeton Office. Prior to joining the firm, Mr. Gallacher worked as an associate with a prominent insurance defense law firm in Southern New Jersey. At his prior firm, he handled cases...
Spoilation of Evidence: A Stopgap Not a Gap Filler
On September 10, 2021, the Appellate Division issued a decision in 27-35 Jackson Avenue, LLC v. Samsung Fire & Marine Ins. Co., Ltd., 469 N.J.Super. 200 (App. Div. 2021) that considered plaintiff’s burden of proof in a negligence claim based upon spoliation of...
Caroline Zook Joins McCormick & Priore, P.C. as an Associate Attorney in the Plymouth Meeting Office
Caroline Zook joins McCormick & Priore, P.C.’s Plymouth Meeting Office. Prior to joining the firm, Ms. Zook worked as an attorney at a general practice law firm in Upper Bucks County. During her time as an attorney, Ms. Zook defended clients in a variety of...
Superior Court Applies Statute of Repose to Bar Recovery Despite Alleged Code Violations
In a recent decision in Johnson v. Toll Bros., Inc., 302 A.3d 1231 (Pa. Super. 2023), reargument denied (Oct. 18, 2023), the Superior Court of Pennsylvania considered the question of whether the statute of repose, commonly applied to bar recovery in construction...
Pennsylvania Superior Court Prohibits Policy-Based Exclusion of First-Party Medical Benefits
On December 5, 2023, the Pennsylvania Superior Court issued a published decision, Nationwide Property and Casualty Insurance Company v. Castaneda & Castaneda, --- A.3d ---- (Pa. Super. Ct. 2023), holding that automobile insurers must provide first-party benefits...
“Altering the Scope”
In a recent decision, Keilitz v. Light Tower Fiber N.Y., Inc., 2023 NY Slip Op 05661 (1st Dep’t 2023), the Appellate Division, First Department, overturned a Supreme Court, New York County decision that denied plaintiff’s motion for partial summary judgment as to...
“The Thanksgiving Special: Thankful for § 240(1)”
In a recent decision, Calloway v. American Park Place, LLC, 2023 NY Slip OP 05830 (4th Dep’t 2023), the Appellate Division, Fourth Department, inter alia, upheld a Supreme Court, Monroe County decision that granted plaintiff’s partial motion for summary judgment on...
Surveillance & The C.P.L.R.
I. SURVEILLANCE EXCHANGES, HISTORICALLY a. How surveillance exchanges work, historically. Surveillance exchanges date back, statutorily, to 1993 with the expansion of Article 31 of the C.P.L.R., which added subsection (i) to § 3101, to require full disclosure of...
