Author Archive | Juris Digital

Medical Monitoring Cause of Action Rejected in One of Three Stand-Out Cases

Jeffrey S. Lichtman and Richard A. Menchini, New York Law Journal - August 25, 2014

Over the past year, the New York Court of Appeals has handed down three decisions that provide clear and broadly applicable interpretation of both statutory rules and common law principles in tort cases. These cases deal with a medical facility’s duty to protect patients’ medical records and the employer’s vicarious liability for acts of employees […]

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Sometimes It’s Not Trespassing: Making Local Law 11 or Other Repairs When an Adjacent Landowner May Not Want To Help

By Christopher P. Parnagian, O'Hare Parnagian LLP - August 18, 2014

New York City Local Law 11 requires a building’s exterior walls and appurtenances to be periodically examined by a licensed architect or engineer. If the professional finds an unsafe condition, then she must file a report indicating same with the Department of Buildings. When such a report is filed, the building owner must correct the […]

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‘Morrison’ Bars Claims Against Portuguese Bank Over Shares Bought Through Foreign Entities

By Robert A. O’Hare Jr. and Andrew C. Levitt, New York Law Journal - February 28, 2011

Horvath has a residence in Portugal and his wife is fluent in Portuguese. Through accounts with Banco Comercial Portugues S.A. (BCP), he invested $4.5 million in “HSH Shares” and “Snowball Notes” involving purchase of shares of German banks though Luxembourg and Island of Jersey entities. The securities were not listed on domestic exchanges nor bought […]

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Firm Had Sufficient Notice of Lawsuit, Binding it to Settlement, Triggering Indemnification Liability

By Robert A. O’Hare Jr. and Michael Zarocostas, New York Law Journal - April 19, 2010

Supreme Court had dismissed plaintiff’s complaint seeking recovery of $6.35 million expended in defending and settling a lawsuit brought by Western Mining & Investments LLC (WMI). Tri-Links Investment Trust, which acquired a majority interest in a debtor-in-possession group, had opposed the WMI deal. Reversing Supreme Court’s dismissal, the First Department granted plaintiff summary judgment as […]

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