Recent Blog Posts
Law Offices of Richard A. Fogel Succeeds on Defense of Breach of Warranty Claim
Limited warranties are designed to protect customers from losing money on obviously-defective products, ensuring that they are able to recuperate the costs of repairing or replacing an item that never served its intended purpose. However, as is indicated by the name, limited warranties are not intended to offer a refund to the customer under… Read More »
Recent Victory in New York Supreme Court on Battle over Inherited Property
The Law Offices of Richard A. Fogel recently scored a victory for the fifty percent heir of a parcel of property in Nassau County who was in a stalemate with his fellow fifty percent heir, his sister. The property will now be partitioned and sold by a referee appointed by the Supreme Court. The… Read More »
Experts Barred from Testifying at Trial By Court of Appeals in Toxic Tort Case
In a recent gasoline vapor toxic tort decision from the Court of Appeals, New York State’s highest court, two experts were barred from testifying at trial when they didn’t rely on generally accepted principles and methodologies in forming their expert opinions as mandated under New York law which follows Frye v. United States, 293… Read More »
Tenants Succeed in Reversing Summary Judgment for Landlord in Lead Paint Case Brought as Adults for Claimed Injuries as Children
New York toxic tort lawyer Richard A. Fogel reports on case where summary judgment for landlord in lead paint case was reversed.
Landlord Sues Tenant for Allowing Rampant Bedbug Infestation
Long Island landlord attorney Richard A. Fogel reports on lawsuit filed by owner against tenant who refuses to do his part to remediate bedbug infestation.
Insurer Found to Have Timely Disclaimed Coverage Where Based Upon a Policy Limitation, Rather than a Policy Exclusion
New York insurance defense attorney Richard A. Fogel discusses case where court held insurer timely disclaimed coverage based on policy limitation.
Self-Serving Testimony Enough to Defeat Summary Judgment for Landlord on Notice Grounds in Lead Paint Case
New York landlord defense attorney Richard A. Fogel comments on lead paint case where plaintiff’s self-serving testimony defeats summary judgment motion.
Trial Set to Begin Against Pizza Oven Manufacturer on Asbestos Claim
New York toxic tort & insurance defense attorney Richard A. Fogel discusses a couple of asbestos exposure cases working their way through the courts.
Mold in a Rental Unit: A Property Owner’s Remediation Obligations
New York attorney Richard A. Fogel gives the facts about mold and what landlords should know when mold is seen present in a rental unit.
Potential Class Action Lawsuit Could Arise from Decades-Old Asbestos Injuries
New York toxic tort litigation attorney Richard Fogel talks about an asbestos case stretching back for decades that may lead to a new class action.
