Civil Rights - Nominal Settlement

Complainant claimed to have been discriminated against on the basis of his Hispanic national original, sexual orientation and religion. He claims that he was berated in public, issued numerous monetary fines, harassed by security, called derogatory names by security and maintenance, specifically, he alleges that he was referred to as a “she.” He also claimed that he was being forced to sell his apartment due to mental anguish. The New York State Division of Human Rights made a determination that there was probable cause to support the allegations in the complaint. The case was moved to Supreme Court. Shafer Glazer's Mika Mooney was successful in settling the case with a nominal payment on behalf of the Shafer Glazer client.

Civil Rights - Summary Judgment

Plaintiff, a New York City school teacher, sued in Bronx County for constitutional violations, discrimination under federal, state and city law, intentional infliction of emotional distress, conversion, breach of contract and interference with a contract.  Aiding and abetting the discrimination was also alleged. After the close of discovery, Shafer Glazer's Mika Mooney moved for summary judgment dismissing all claims. The motion was granted and plaintiff filed an appeal. The appeal was dismissed by the Appellate Division when plaintiff failed to perfect. 

Transportation - Summary Judgment

Plaintiff was riding his bicycle when he struck a bus. He argued that he had the green light. Shafer Glazer's Lisa M. Shiderly moved for summary judgment, arguing that the bus video showed the light to be green for the bus. Plaintiff opposed, claiming that the color of the light could not be seen clearly and that therefore, there was a question of fact as to who had the green light. In reply Shiderly argued that It was apparent from the video and associated still photographs that the bottom signal was illuminated. Citing The National Manual on Uniform Traffic Control Devices which is the controlling authority which sets forth national regulations to be applied to all traffic control devices and which provides that all signals must be red on top, yellow in the middle and green on the bottom, Shiderly argued that the light had to be green for the bus. The court granted the motion and dismissed the case against the Shafer Glazer client.

Premises Liability - Motion To Sever

Plaintiff alleged to have been injured by falling debris, ice or snow from a building. Plaintiff claimed significant injuries including torn rotator cuff with surgery, Traumatic Brain Injury, TMJ and possible seizures. A substantial lost earnings claim was alleged. Shafer Glazer's client was joined late in the case and it was claimed that they should have patrolled the exterior of the building and warned the plaintiff of the falling ice condition. In lieu of an answer, Shafer Glazer's Nicole Snyder moved to sever the third party action, which was granted. That placed the Shafer Glazer client in an advantageous negotiating position, compelling the remaining parties to settle the action with a nominal contribution by the Shafer Glazer client. Substantial litigation fees were saved by this strategy.

Transportation - Summary Judgment

Plaintiff claimed to have been injured while riding in an Access-Ride-Vehicle and sued the program provider in addition to the vehicle owner and operator. Plaintiff brought suit in Bronx County and alleged cervical and lumbar spine injuries. Shafer Glazer's Delsia G. Marshall moved for summary judgment prior to the close of discovery, arguing on behalf of the program provider that they did not own, operate or maintain the vehicle. The court granted the motion and dismissed the action.

Civil Rights - Summary Judgment

Plaintiff alleged that she was a resident of a property where Shafer Glazer's client provided services pursuant to a contract with the owner. Plaintiff made several claims under the New York Real Property Laws as it pertains to wrongful eviction and also asserted claims for intentional infliction of emotional distress and negligent hiring/training. After the close of discovery Shafer Glazer's Mika Mooney moved for summary judgment dismissing all claims. The motion was granted and plaintiff filed a motion to reargue. The motion was granted and the court adhered to its original decision. Plaintiff appealed and the decision was affirmed.

Trial - Defense Verdict

Plaintiff alleged that while crossing outside of the crosswalk, she was hit in the head by the side view mirror of a bus. Plaintiff alleged that the bus had a duty to avoid contact with a pedestrian even though the contact occurred outside of the crosswalk. Defendant asserted that it had the right of way, that it drove in a normal manner and that the plaintiff failed to protect herself by either keeping an eye out for the bus or hustling across the 4 lane road when she jaywalked. Plaintiff claimed a Traumatic Brain Injury with permanent cognitive deficits and post- traumatic depression. After a 2 ½ week trial, a jury of 4 women and 2 men returned a defense verdict, finding that the Shafer Glazer client was not negligent. A motion to set aside the verdict was denied. The case was tried by Shafer Glazer's David A. Glazer.

Corporate Counsel - Strategic Settlement

Shafer Glazer's client developed a new 20 story condominium. After construction was complete, the board notified the developer of water infiltration and sought a toll of the statute of limitations. Shafer Glazer's Howard S. Shafer recommended agreeing to the toll and working with the board to identify and remedy the cause of the water infiltration. Fortunately the cause of the problem was discovered and Shafer Glazer's client worked with the board to remedy it. In negotiating a settlement of the claim, Shafer recommended agreeing to the costs sought for the water infiltration and seeking a release from all claims going forward. The offer was accepted, the money paid and the release issued. A short time after another incident occurred, which was fortunately barred by the release.

Coverage - Limited Defense

A New Jersey client sought a coverage opinion involving a construction project. Shafer Glazer's Howard S. Shafer determined that most of the claims were not covered, but that there could be coverage for one claim involving possible advertising injury with little chance of owing indemnity. In the past, the client would have agreed to defend the entire suit. Shafer Glazer recommended offering a small percentage of the defense costs on a negotiated hourly rate slightly above their panel counsel rate. The insured's personal counsel agreed and the client was able to limit their exposure on the defense costs.

Trial - Favorable Settlement

The plaintiff's vehicle was stopped a bus made a left-hand turn and struck plaintiff’s vehicle. Plaintiff had three surgeries to the left knee, right shoulder and a laminectomy at L4-5. Further surgery was recommended because the plaintiff has not had a full recovery. Plaintiff had a legitimate future lost earnings claim of about $1M dollars. Shafer Glazer was hired to try the case and engaged a Biomechanical expert to dispute causation. Shafer Glazer's David A. Glazer was able to settle the case at trial for less than a quarter of the amount sought going into the trial.

Shafer Glazer congratulates Howard S. Shafer and David A. Glazer on being named Super Lawyers again in 2018.

Shafer Glazer congratulates Nicole M. Snyder on being elevated to Partner in the firm.

Brian J. McAteer joined the firm as an Associate after having served as a Law Clerk since April 2017.

Howard S. Shafer's article entitled "The Case For Apportionment of Fault Against Unidentified Perpetrators” was published in the New Jersey Law Journal. The New Jersey Supreme Court later ruled in favor of apportionment against unidentified perpetrators in Krzykalski v Tindall.

Nicole M. Snyder presented “National Trends In Bad Faith Litigation" in a Your House Counsel ® webinar with Texas attorney Scot G. Doyen. To learn more about the webinar series and to receive future invitations, sign up here.

Howard S. Shafer was a panelist for the A.M. Best Webinar "How the Sharing Economy is Rewiring Claims."

David A. Glazer presented “ Understanding The Rise In Traumatic Brain Injury Cases" in a Your House Counsel ® webinar with Missouri attorney Victor H. Essen. To learn more about the webinar series and to receive future invitations, sign up here.

Shafer Glazer's Mika M. Mooney was again named a Rising Star by Super Lawyers. In 2016 she was named a Top Woman in Employment Litigation: Defense in the Super Lawyers New York Metro - Top Women edition.

Yanai Z. Siegel presented "Drone Law 101 for Business Lawyers" at the PBI 2018 Business Law Institute in Philadelphia, and "Drones, Commuter Planes and Helicopters - Drone Law Update, Midair Collisions and Other Advanced Drone Law Topics" at the PBA 2018 Annual Meeting in Harrisburg, PA.

 

Yanai also authored "Cyber Subrogation - Enhancing Cost Recovery from a Data Breach" (hyperlink:  http://cyber.pabar.org/index.php/2018/10/16/cyber-subrogation-enhancing-cost-recovery-from-a-data-breach/ ) for the PBA Cybersecurity and Data Privacy Committee."

Yanai has previously presented CLE sessions on data security and cyber liability topics for both the New Jersey and New York State Bar Associations. He serves as Co-Chair of the Cyber Liability and Data Privacy Practice Group of Your House Counsel ®

Howard S. Shafer, together with two Your House Counsel ® law firms and a London based firm, presented "Where Cyber Meets The Road - Insuring Autonomous Transportation Options" to Claims Representatives at Lloyd's of London.

ABOUT OUR PRACTICE

Shafer Glazer’s Defense Litigation Practice

Automobile Liability

Autonomous Vehicles

Civil Rights

Chiropractic Malpractice

Construction Defect and Liability

Cyber Liability and Data Privacy

Dental Malpractice

Director’s and Officer’s Liability

Employment Practices Liability

Environmental and Toxic Torts

Insurance Coverage

Premises, Products and Professional Liability

Security Company Liability

Unmanned Aerial Systems (Drones)

Workers’ Compensation

Business and Commercial Litigation

The firm’s Corporate Counsel Practice provides general legal services to small and mid-size companies.

ABOUT YOUR HOUSE COUNSEL®

Your House Counsel® is The National Consortium of Highly Regarded Insurance and Corporate Liability Defense Law Firms which meet stringent criteria for membership. Your House Counsel® makes searching for a firm much easier and more successful. Looking for regional or national counsel, Your House Counsel® is a better option. Our members know and understand your business and your expectations. No group of attorneys works better together to the advantage of the client. Our members know their local markets, so you’ll be represented by a neighbor, not a stranger.

Visit us at YourHouseCounsel.com