Press Release – New York, NY – May 9, 2019 – Sichenzia Ross Ference LLP (SRF) litigation partner Scott Furst successfully defeated an appeal taken to the Supreme Court New York, Appellate Division: Second Judicial Department, which sought to vacate a trial court’s complete dismissal of a multi-party, multi-claim lawsuit for damages and to rescind and restore approximately ten million dollars of insurance coverage ($10,000,000.00). Plaintiffs brought claims that included fraud, breach of contract and violations of the New York State Insurance Law against an insurance agent, insurance agency and insurer. Plaintiffs commenced their lawsuit in July 2014 and, during almost five years of litigation, Mr. Furst, on behalf of the agent and agency, successfully moved to dismiss the original complaint, defeated a motion to renew and reargue and moved to dismiss the amended complaint from which the appeal was taken. The Second Department denied the appeal on multiple grounds giving particular emphasis to the Defendants’ evidence that contradicted the Plaintiffs’ allegations. The Court also concluded that Plaintiffs could not, as a matter of law, state claims against the agent or agency. Relying on the facts and law presented by SRF, the Second Department also affirmed the trial court granting summary judgment in favor of the insurer and against the Plaintiffs, which was also appealed.
Odierna v. RSK, LLC, 2019 N.Y. App. Div. LEXIS 2573 (2d Dep’t 2019).
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