Legal Insights & Industry Updates
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Mini-van Used to Transport Passenger For a Fee Once Doesn't Constitute "For Hire"
The New York State Department of Financial Services permits auto insurers to exclude coverage for claims arising "while the motor vehicle is used as a public or livery conveyance."
Maritime Law: Clean Bill Of Landings Not Dispositive on Issue of Good Condition
A very important, instructive maritime decision has just come down from the Southern District of New York involving Del Monte bananas, en route from Guatemala to New Jersey, that started to prematurely ripen while…
An Out-of-State Power of Attorney is Valid in New York
New York's General Obligations Law (GOL) §5-1512 provides that a power of attorney executed in another state is valid in New York as long as it is in compliance with the law of the state where it was executed.
Premises Liability: Bunk Bed Head Bump
Maria L., was employed as a housekeeper and babysitter for about a year. She hit her head on a ceiling beam at the home while coming down a bunk bed ladder. Maria L. sued for injuries.
PARDALIS & NOHAVICKA TRADEMARK LAW: CONVERSE SUES EVERYONE
Shoemaker Converse is suing a range of companies including Wal-Mart and Ralph Lauren for infringing on one of its 100-year-old designs.
Pardalis & Nohavicka Insurance Coverage Update: "Primary Residence" Is Material Representation
Insured premises damaged by fire. Claim was put in and the insured was notified that the carrier was disclaiming coverage because the application for insurance contained a misrepresentation regarding whether the…
Pardalis & Nohavicka Crim Law Update: Meth-Cook Burns, Co-Cook Convicted.
Defendant and the victim were at a cabin upstate and had used methamphetamine. In the hours before the fire erupted, defendant went to the basement to make a batch of crystal meth.
Pardalis & Nohavicka Animal Rights Law Update: Owner Must Answer For Abusing Pit Bull
The victim, a male red-nosed tan pit bull, was deprived by his owner of necessary food and drink for an extended period of time causing the victim to become highly emaciated.
Pardalis & Nohavicka Criminal Trial Law Update: Don't Count on Evidentiary Errors/Beware of Phone Call Data Spill
Teddy was convicted of criminal possession of a weapon in the second degree. He appealed. He lost, even though the Court committed the following errors:
Pardalis & Nohavicka Premises Liability Update: Yankees responsible for drunk 20-year-old who bought beer from stadium hawker
Yankees responsible for drunk 20-year-old who bought beer from stadium hawker (that was an independent contractor) and then caused a car accident.
Pardalis & Nohavicka Premises Liability Update: "Photogrammetry" Defeats Trip And Fall Claim Against Splish Splash Park, L.I.
Plaintiff filed a lawsuit in the Bronx 12 days after a trip and fall accident allegedly caused by a defect in a walkway at Splish Splash, a Long Island amusement park.
Pardalis & Nohavicka Insurance Law Update: “Arguable Basis” For Disclaimer Defeats Claim of Bad Faith (1st Dep’t)
Insured commenced a declaratory action one month after asking the insurer to reconsider its disclaimer of coverage in connection with the underlying action.
Pardalis & Nohavicka Premises Liability Law Update: Mail Carrier 's Claim of Homeowner's Defective Storm Door Fails
While delivering mail to the insured premises, a postal worker opened a storm door, squatted down, and held the storm door open with the left side of her body to reach the mail slot that was located in the wooden door,…
Pardalis & Nohavicka Insurer Subrogation Update:
Insurer Of Fire-Damaged Property Owner Denied Recovery Against Lessee Hands Across Long Island, Whose Client (Mentally Challenged Resident) Caused Fire Smoking In Bed.
Pardalis & Nohavicka Premises Liability Law Update: Wedding Fail
The bride was injured when a floral arch fell on top of her while she was sitting at a table during the wedding reception at King Star Restaurant. The bride sued the restaurant.
Pardalis & Nohavicka Employment Discrimination Law Update: Eastern District Judge Chen (photo), Denies College's Motion to Dismiss Sexual Harassment Claim Brought by Male Against Female
In Garcia v. College of Staten Island, our client, John Garcia, a campus peace officer in the Office of Public Safety at the college, sued the college for hostile work harassment based on the sexually explicit verbal…
Pardalis & Nohavicka Maritime Law Update: Prevailing Party Must Calculate Marine Contract Attorneys' Fees Using Lodestar Method, Not Contingency
TJD International breached two shipping contracts it entered into with Mediterranean Shipping Company. MSC sued TJD on the admiralty side of the Southern District of New York and got a judgment on default.
Pardalis & Nohavicka Pet Law Update: ConEd Responsible for Dog Electrocution: On It!
Dog owner walks his dog on a sidewalk in Brooklyn. After stepping in a puddle, the dog suddenly jumped up, yelped, and collapsed.
Pardalis & Nohavicka Crim Pro Update: Intoxicated Driver’s Testing Unit Videotape -- All or Nothing
Court found that refusal warnings given to the defendant were improper and suppressed the video showing the refusal.
Pardalis & Nohavicka Martial Arts Law Update: Parents Sue School When Child Fails Black Belt Test
Their son took the test for a second degree black belt Chi's Martial Arts of Lindenhurst. Unfortunately, the boy did not pass the test, and was denied advancement to Second Dan.
PARDALIS & NOHAVICKA INSURANCE COVERAGE UPDATE: “ENSUING LOSS” PROVISION DOES NOT MAKE AN EXCLUDED LOSS REAPPEAR AS A COVERED LOSS
The Court of Appeals, in critical decision for the insurance bar, held that the policy’s unambiguous language excluded from coverage the water damage to Plaintiffs’ home, and the exception did not nullify the water loss…
Pardalis & Nohavicka Insurance Coverage Update: No Offset Permitted If Not In Policy.
Everest commercial excess insurance liability policy provided that obligation was to pay the lesser of the $2 million coverage limit called for under a trade contract or $10 million limit of the policy.
Pardalis & Nohavicka Criminal Law Update: The Case of the Bad Grandpa (Harassment Is Not A Lesser Included Offense Of Attempted Assault)
A woman was going up the stairs of her senior community home when defendant came out of a neighbor's apartment, waited, then walked down the same staircase and banged into her with his shoulder.
Pardalis & Nohavicka Insurance Coverage Update: No Insurance Coverage For Violent Host
The insured punched a visitor three times in the face before the visitor blacked out. Insured was arrested and pled guilty to disorderly conduct.
Pardalis & Nohavicka Insurance Law Update: State Insurance Fund Permitted to Assert Workers' Comp Lien on BI Settlement Proceeds
The phrase "recovery from such other" in Workers Compensation Law §29(1), which governs the rights and obligations of employees and compensation carriers with respect to actions arising from injuries caused by…
Pardalis & Nohavicka Premises Liability Update: The Viable Vigilant- Manager Defense:
Customer slipped and fell on water in Met Food in the Bronx, and sued. Manager testified that he personally inspected the floor near accident location on a constant basis, that no spills were observed, and no complaints…
Pardalis & Nohavicka Criminal Law Update: Mother "Didn't Know" Defense Fails Where Drugs All Over Apartment
Mother of 3 children and a niece, who also lived with her, was convicted of Unlawfully Dealing with a Child in the First Degree: that is when a person knowingly permits a child less than 18 to be in a place where drug…
Pardalis & Nohavicka Insurer Litigation Update: Protect Your Claim File at Deposition!
Mercury Ins. Co., litigated to stay Uninsured Motorist arbitration, and to bring in GEICO. GEICO's rep was deposed and referred to docs in the claim file to refresh her memory when responding to questions.
Pardalis & Nohavicka Premises Liability Law Update:
A property owner in the Bronx or Manhattan who removes snow from a sidewalk is not subject to liability simply because they failed to remove ALL of the snow; it is only when the efforts make the sidewalk more dangerous…
Pardalis & Nohavicka Insurance Industry Law Update: Claims Adjuster Owes No Duty to Insured
Worker was pulled into a laser cutting machine at assembly plant, insured by Granite State. The injuries were horrific, and Worker sued. Insurer, Granite State, retained a claims adjuster, York.
Pardalis & Nohavicka Defamation Law Update: Cassini $10 Million Suit Against Vanity Fair Dismissed
Vanity Fair put out an article ("Cassini Royale") reporting the secret marriage of the late designer, Oleg Cassini, to Marianne Nestor Cassini.
Pardalis & Nohavicka Domestic Violence Law Update: "DON'T LET ME USE MY BOXING ON YOU"
During a telephone call, Daphane told Ben to stop calling her friend. Ben became agitated and said, "DON'T LET ME USE MY BOXING ON YOU."
Pardalis & Nohavicka Insurance Coverage Update: Injury That Occurs After Car Parked Does Not "Arise Out of Use & Operation"
Where a claimant's injuries from an accident were produced other than as a result of the use or operation of the vehicle itself, no-fault first-party benefits are not available.
Pardalis & Nohavicka Motor Vehicle Negligence Defense Update: Once Again, Failure to Address Degeneration Fatal to Bronx Injury Claim
Claimant's expert, while stating that the accident caused an injury, failed to address evidence of degeneration in the x-ray reports of the lumbar spine found in his own records.
Pardalis & Nohavicka Subrogation Update: Expert Must Explain and Demonstrate Fire Cause & Origin
Utica First, issued a commercial property insurance policy to Michele Maniscalco and her husband, Salvatore Maniscalco, for their premises located at 430 Jefferson Street in Brooklyn.
LAW TREK SERIES INSTALLMENT 1: When Your Witness Shuts Down On the Stand
The court environment is purposefully architected to evoke solemnity and gravitas: it can be a scary place.
Pardalis & Nohavicka Criminal Law Update: New York Law School's Post-Conviction Innocence Clinic Gets New Trial for Daycare Business Operator Convicted in 2001
On the morning of June 6, 2001, two and a half year old Brittney was left in the care of the Rene, who operated a daycare business at her home.
Pardalis & Nohavicka Youth Law Update: Threat At Home By Teen to Friends That She Would "'Shoot Up' High School and Principal" Does Not Establish Criminal Intent to Intimidate
Brittany, a lass of fifteen, told two teen friends that she was going to modify a BB gun to look like a real gun and bring it to school and "shoot up" the Plattsburgh Senior High School and then shoot the high school…
Bharara: Get Angry, Demand Honesty
Southern District U.S. Attorney Preet Bharara (center, with Center for New York City Law Director Ross Sandler, left, and New York Law School Dean Anthony Crowell) decried the culture of corruption in Albany and urged…
Pardalis & Nohavicka Entertainment Law Update: Entertainment Contracts With Kids Can Protect All Parties
Usually, it is not illegal to enter into a contract with a minor. The contract is voidable at the discretion of the minor. Voidable contracts are usually valid contracts and are binding unless the child cancels it.
Pardalis & Nohavicka Criminal Law Update:New York Law School's Post-Conviction Innocence Clinic Gets New Trial for Daycare Business Operator Convicted in 2001
Pardalis & Nohavicka Criminal Law Update: New York Law School's Post-Conviction Innocence Clinic Gets New Trial for Daycare Business Operator Convicted in 2001.
Pardalis & Nohavicka Auto Negligence Defense Update:
Michael Adams, 17, sustained physical injuries when he was thrown from the hood of a moving vehicle operated by Michael Bruno, 18, in a high school parking lot.
PN Insurance Law Update: NY Assigned Risk Policy Cancellation Invalid Where Reason Provided is Cryptic
The car in question was owned ,but not registered, by the insured. The insurer attempted to put the assigned risk policyholder on notice of cancellation with the following language: "As per section 18:2:3 violations of…
PN Premises Liability Update: Slip and Fall Defense -- Defect Trivial, Case Dismissed
Whether a dangerous or defective condition exists depends on the facts of each case, and is usually a question of fact for the jury.
PN Auto Negligence Defense Update: Rear End Hit is Not Always Liability Endgame
Although a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the driver of the rear vehicle, even assuming that defendant driver failed to maintain a reasonably safe…
Pardalis & Nohavicka Criminal Procedure Update: Speedy Trial Requirements
Some delays are caused by the court; some by the People; and, some by defense counsel. Most are beyond anyone's control.
Happy New Year from PN FIRM and NY Labor Law update effective immediately in 2015
HAPPY NEW YEAR! As part of our firm’s continued commitment to your success please find below a few critical updates to New York Labor Law with respect to hourly wages that are taking place beginning immediately in 2015.
Pardalis & Nohavicka case featured in today's New York Post. Fashion, Licensing and Trademark Law
PN client Vanessa Destin, 25, and her younger brother, Smiley Destin, are Haitian immigrants who shared an interest for business and a passion for fashion that led them to be the proud owners of a Queens-based clothing…
Pardalis & Nohavicka LLP Professional Conduct Update
Better NOT call it unethical: An unfounded warning from one lawyer to another lawyer that certain intended behavior is unethical, can constitute an ethical violation.
Pardalis & Nohavicka Family Law Update
Adopted Russian children throughout the United States are currently being exchanged on the Internet through a process called Re-Homing without the benefit of any court or governmental supervision.
Pardalis & Nohavicka Employment Law Update: Employee Fired For Violating No-FB Rule Still Entitled to Unemployment Benefits
Laura worked for almost seven years as a senior speech language pathologist for the employer until she was terminated for violating the employer's written policy prohibiting employees from posting on social media…
Pardalis & Nohavicka Employment Discrimination Law Update
Pardalis & Nohavicka Employment Discrimination Law Update: City Human Rights Law Does Not Consider Use of “N” Word a Petty Slight or Trivial Inconvenience Even When Not Directed to Complaining Employee.
Pardalis & Nohavicka Criminal Law Update: Search Incident To Arrest
Court of Appeals holds that "search incident to arrest" doctrine, by its nature, requires proof that, at the time of the search, an arrest has already occurred or is about to occur.
Pardalis & Nohavicka Art and Criminal Law Update: The Pink Fairy and the Furtherance of Justice
The Defendant artist sprayed a single pink fairy on the public sidewalk in front of the Beverly J. Martin Elementary School, and was arrested for Making Graffiti (PL §145.60) and Possession of Graffiti Instruments (PL…
When should a District Attorney bow out of a prosecution? Answer: When There is an Appearance of Impropriety. Okay, What the Hell is That?
In People v Adams, (2013), the NY Court of Appeals admonished that "an appearance of impropriety may arise when the record provides an objective basis to question whether the prosecutor is exercising pretrial…
P&N Trade Secrets Update: Restrictive Covenants
Supreme Nassau Commercial Division denied an application for a preliminary injunction filed by a staffing agency against a former employee who had signed a one-year, 50-mile restrictive covenant agreement.
PN Maritime Law Update: Spain Trial Court Judgment Enforceable in NY
In the summer of 2008, the cargo vessel Athena put out to sea. On July 16, 2008, Stylianos Coutsodontis, a part owner of Sea Trade Maritime Corporation, the owner of the ship, had it seized in the port of Tarragona,…
PN Firm Update - Maritime Law
P&N, is currently litigating a matter on the Admiralty side of the Federal Court, representing cargo in an overseas freight forwarding dispute, (with a splash of Civil RICO Defense), in the United States District Court…
PN Pet Law Update: Bronx Court Orders Shih Tzu to Remain With Aunt
Daniel commenced an action to recover possession of Deva -- a two year old Shih Tzu - from his aunt. During the summer of 2012, Daniel purchased Deva, who was three months old at the time, for his granddaughter.
United States Criminal Extradition Process - Incoming
We readily assist clients throughout the world who may be facing criminal charges here at home.
Our practice is not limited to the continental United States
We readily assist clients throughout the world who may be facing criminal charges here at home.
Supreme NY Enjoins Use of Customer Lists Even In Absence of Restrictive Covenant
Hudson Insurance Co. was seeking to enjoin their former employees, and their new employer, Axis Insurance Co., from using, among other proprietary information, their client lists.
Opportunity and Risks: Counseling a New Franchisor
Counsel to franchisors are required to possess deep familiarity with the laws governing franchising: federal and state registration, disclosure and "relationship" laws; antitrust law; trademark law; the law of…
PN Case Update: Emerging New York Marijuana Industry Claim Goes Forward
Evan Petkanas and George Kalergios, individually and as shareholders of Kannalife Sciences, Inc., Plaintiffs v. Dean Petkanas and Kannalife Life Sciences, Inc., Defendants, 15292/2013
Pardalis & Nohavicka CPLR Update: Successful ServeNY Traverse
Pete Antiaris (see photo -- with shield), of ServeNY, testified during a trial to defend his company's service of papers on a business. He won at trial; the losing party appealed. ServeNY wins again.
DISABILITY EMPLOYMENT LAW: GOOD-FAITH INTERACTIVE PROCESS
In a recent decision penned by Judge Sheila Abdus-Salaam, Jacobsen v. New York City Health and Hospitals Corporation,1 the Court of Appeals addressed the obligations of an employer when an employee puts it on notice…
Pardalis & Nohavicka Consumer Law Update: Crawford v. Hertz
Life Imitates Comedy; But Not So Funny For Car Rental Company.
PN Art Law Update: Legal battle between Artist and a Gallery: Who Owns the Art?
The parties' written agreement provided that the Gallery would act as the Artist's "exclusive agent" in matters relating to any future deal for the exhibition and sales of limited edition prints published exclusively by…
PN Partner Taso Pardalis at the White House with Vice President of The United States of America Joe Biden
Pardalis & Nohavicka LLP partner Taso Pardalis at the White House with Vice President of The United States of America Joe Biden.
P&N Criminal Law Update: Proceeding Without Lawyer is a Protected Choice
They say a man who represents himself has a fool for a client. Well, with God as my witness, I am that fool! –Gomez Addams, The Addams Family.
P&N CRIMINAL LAW UPDATE
Sonny Om, climbed a fence on the pier at Playland Park and, in response to a double-dog dare, jumped into the Long Island Sound. He was arrested for trespass and disorderly conduct.
P&N DOMESTIC VIOLENCE LAW UPDATE: Knowledge of Order of Protection Enough, Proper Service Not Required
Just Knowing that an Order of Protection Exists Was Enough to Keep Abuser in the Case Even Though Not Properly Served with Order: People v. Jakubowski.
P&N DEFAMATION LAW UPDATE: Thin Skin in the Fashion Industry--Supreme NY Just Not Feeling It
Marianne Nestor Cassini, the widow of fashion designer Oleg Cassini, sued the well known magazine Vanity Fair, to recover damages for libel and infliction of emotional distress based on an article published in the…
PERSONAL EMAIL AT WORK: WHAT EXPECTATION OF PRIVACY?
Millions of Americans daily use their work email accounts, computer networks and smartphones to send and receive personal messages.
DAMAGE CONTROL: HIGH-LOW CONTRACTS AT TRIAL
Your witnesses are lined up and well-prepared; trial notebook is tight and memorized; all evidentiary issues are anticipated and briefed. Trial day—you are confident because you are prepared.
P&N FAMILY LAW UPDATE: Mother's Pot Smoking Not Enough For Finding Of Neglect
P&N Family Law Update: MOTHER's POT SMOKING NOT ENOUGH FOR FINDING OF NEGLECT. In Matter of William N., a parental neglect proceeding out of Family Court in Brooklyn, the mother's newborn tested negative for all…
P&N CRIMINAL LAW UPDATE: Discipline
It is not unusual to hear about children reporting their parents to the police for abuse after being physically punished. But there is a difference between a beating and a spanking.
PRISONERS' RIGHTS UPDATE: Force-Feeding Not A Civil Rights Violation
A prisoner went on a hunger strike to secure a transfer to another facility. Corrections force-fed him with a nasogastric tube to keep him alive.
P&N RULES OF THE ROAD UPDATE: ENCOUNTERING A STOPPED SCHOOL BUS
When in doubt, just stop and wait. Kings Point (Nassau) Police Department issued a ticket under section 1174-a of the Vehicle and Traffic Law to an unfortunate driver who, rightfully, had doubt.
P&N FB POSTING LAW UPDATE
Teacher's Post: "After today, I am thinking the beach sounds like a wonderful idea for my 5th graders! I HATE THEIR GUTS! They are the devils spawn!"
Internet Use Update: Improper Use of Facebook by Parent
In Matter of Melody M. v Robert M., the Court determined that an award of sole legal custody to the father was in the best interests of the child where the mother utilized Facebook to insult and demean the child, who…
PN Business Liability Update
Although health clubs and gyms in New York with more than 500 members are required by law to have Automatic External Defibrillators (AED - a portable medical device for delivery of an electroshock to restore normal…
PN RECENT DECISION: COMMERCIAL COMBAT IN LONG ISLAND CITY
Malicious attempt to shut down new business by competitor claiming unfair competition and misappropriation of copyright rejected by Supreme Court, Queens County.
PN Case Update: EMPLOYEE WRONGFULLY ACCUSED OF IMPROPER INTERNET USE AT WORK VINDICATED BY APPELLATE DIVISION 3rd DEPARTMENT (ALBANY, NY)
The Unemployment Insurance Appeal Board thereafter determined that employee's actions had not risen to the level of disqualifying misconduct because the Internet use was unintentional, and awarded him unemployment…
Judge Finds No Constitutional Violation in Producing Tweets
Twitter must produce tweets and user information of an Occupy Wall Street protester, a judge has ruled, discounting objections from the social media website in a case of first impression.
A Must read for Mediation and Politics By Mario M. Cuomo
Mario M. Cuomo: "Despite all the wealth and grandness that is so apparent at the upper levels of our population, insinuating itself into our nation's consciousness is a feeling that something's missing."
PRESS RELEASE: Pardalis & Nohavicka, LLP represents workers and files Collective/Class action on highly publicized labor suit
Pardalis & Nohavicka, LLP Employment and Labor Law, Astoria NY
Joseph D. Nohavicka featured in The New York Law Journal
Using Attorney Statements to Impeach Clients: Beware 'Brown-Burgos-Santos'
VISITING GREEK-CYPRIOT STUDENT FOUND NOT GUILTY IN GREECE v. ECUADOR SOCCER CASE
It was a cool crisp night last year on June 7 2011, and the entire Greek American community was excited as it was the first international soccer event hosted at Citifield in Flushing New York, the home of the Mets with…
'SERIOUS INJURY' THRESHOLD PRISM POLISHED BY COURT OF APPEALS
The case Perl v. Meher,1 decided by the Court of Appeals on Nov. 22, 2011, is a trilogy of automobile accident personal injury cases out of the First and Second Departments addressing the vexing application of the…
PN Case Update: Hallford v. Fox Entertainment Group
Law360, New York (August 24, 2012, 2:54 PM ET) -- Fox Entertainment Group Inc . on Friday slammed a complaint alleging it stole an author's screenplay and turned it into actor Kiefer Sutherland's TV show "Touch,"…
Recent news report on our "TOUCH" Litigation against FOX and Kiefer Sutherland
Writer Suing Over Fox Show 'Touch'Claims New Evidence By: Amanda Bransford, Law360, New York (June 13, 2012, 2:40 PM ET)
PN Partner Joseph D. Nohavicka published in today's New York Law Journal
Serious Injury' Threshold Prism Polished by Court of Appeals
Pardalis & Nohavicka, LLP victorious at Appellate Division 2nd Department - Bekas v Valiotis
PN Represented Mr. Bekas, An erstwhile successful entrepreneur who suffered a reversal of fortune of a magnitude that only Hollywood could properly convey, triggered by the treachery of a close family friend.
Our firm victorious on Fraudulent Real Estate Transaction Motion - Case moves forward
Clerico v. Pollak SUPREME COURT QUEENS COUNTY Torts - 10/27/2011
Our firm victorious on Employment Agreement, Non-Solicitation, Non-Competition Case - Front Cover - New York Law Journal
Judge Finds Employment Pact Overly Restrictive (New York County)
A volcano is about to erupt in the recording industry
Under the present copyright law, effective 1/1/78, upon birth of a musical piece, a 35-yr clock starts ticking, after which musicians are granted termination rights, which allow them to regain control of their work, so…
Jim Jones slapped with 'Summertime' suit
PN Internet Privacy and Music Update: Jim Jones slapped with 'Summertime' suit
Rapper Jim Jones being sued by women filmed topless for video
PN Internet Privacy and Music Update: Rapper Jim Jones being sued by women filmed topless for video
Martin Luther King, Jr.
It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that's pretty important.
