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Appellate Division, Second Department: April 12, 2024
Publication Date: 2024-04-12
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:April 10, 2024

Appellate Division, Second Department: August 18, 2021
Publication Date: 2023-08-18
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:August 16, 2023

Appellate Division,Second Department
Publication Date: 2022-06-03
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:June 1, 2022

Nalda v. Green Valley Home Inspections, LLC
Publication Date: 2021-09-08
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; Kevin B. Watson, Stephen M. Wolf, Clark Hill PLC, Philadelphia, PA for plaintiffs.
For defendant: Richard D. Abrams, Timothy H. Rohs, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant.
Case number: D69530

Property inspection company was entitled to summary judgment because plaintiffs' claims were barred by the statute of limitations and no tolling applied.

Heine v. JB Inc.
Publication Date: 2021-06-16
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys:
For plaintiff: Michael J. Hood, Michael J. Hood, LLC, Elsmere, DE for plaintiffs.
For defendant: Sean A. Dolan, Mintzer Sarowitz Zeris Ledva & Meyers LLP, Wilmington, DE for defendant.
Case number: D69434

A grocery store was not entitled to summary judgment because a jury had to decide whether the store act-ed as a reasonably prudent shopkeeper overseeing the activities of a third party.

Diamond Materials, LLC v. Tutor Perini Corp.
Publication Date: 2021-06-02
Practice Area: Contracts
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys:
For plaintiff: Steven F. Mones, Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Wilmington, DE; Ross D. Ginsberg, Weinberg Wheeler Hudgins, Gunn & Dial, LLC, Atlanta, GA for plaintiff.
For defendant: James S. Green, Jr., Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
Case number: D69416

Where contractual arbitration provision gave defendant the obligation to decide whether other party's claims qualified within the category of claims subject to arbitration, the defendant's decision to seek arbitration of claims it found to fall within the scope of the arbitration clause required their dismissal from the action in favor of arbitration.

Appellate Term, Second Department: May 18, 2021
Publication Date: 2021-05-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Term, Second Department, Second, Eleventh, and Thirteenth JudicIal Districts
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Term, Second Department: May 18, 2021

Rafanello v. Taylor-Esquivel
Publication Date: 2020-12-07
Practice Area: Insurance Law
Industry:
Court: Appellate Division
Judge: Judge Firko
Attorneys:
For plaintiff: Hardin, Kundla, McKeon & Poletto, PA and Steven G. Kraus (James L. Fant and Steven G. Kraus, on the joint briefs).
For defendant: Mintzer Sarowitz Zeris Ledva & Meyers, LLP (Kimberly A. Murphy and Christopher A. Gulla, on the brief)
Case number: A-4397-18T2

Step-Down Provision of Commercial Motor Vehicle Policy Did Not Excuse Obligation to Provide Minimum Coverage Required for Intrastate/Interstate Commerce

Oshatola v. Stipe
Publication Date: 2020-04-22
Practice Area: Motor Vehicle Torts
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys:
For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
For defendant: Jessica L. Tyler, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants Stipe and AmSpec LLC. Sean A. Dolan, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant Progressive Direct Ins. Co.
Case number: D68953

Plaintiffs' amended complaint was not timely-filed, so it did not relate back to date the original complaint was filed. The court granted a defendant's motion to dismiss due to the expiration of the statute of limitations.

Appellate Division,First Department: February 25, 2020
Publication Date: 2020-02-27
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Cases Decided
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division,First Department: February 25, 2020

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