Sugarman News & Articles

The Sugarman Law Firm is proud to be an exhibitor at the 2013 AIANYS Convention in Syracuse.  If you are in town for the Convention please stop by to say hello!

The United States Supreme Court ruled on June 26, 2013 in United States v. Windsor that the provision of federal law that confined marriage to a legal union between a man and a woman invalid.


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Firm's lawyers are recognized by the legal community for their skill and expertise.

 


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By David C. Bruffett, Jr., Esq.

 

Regarding New York’s ‘Move Over Law’: It is important to know that Section 1144 of the NYS Traffic Law, commonly called the ‘Move Over Law’, requires that drivers approaching a parked or stopped emergency vehicle, that is in the same lane of travel, must move over to an adjacent lane. On multi-lane roads drivers must move one lane away and leave a buffer space of one lane.


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Sam Vulcano, Managing Partner of Sugarman Law Firm, LLP, has been named a "Lawyer of the Year" by Best Lawyers. Vulcano earned the 2014 Syracuse Professional Malpractice Defense Law Lawyer of the Year award based on his representation and defense of professionals, including architects, engineers, surveyors, and attorneys. Only one lawyer in each practice area in each city is honored with this distinction. He received high ratings from his peers for his abilities, professionalism, and integrity. He is featured in the 20th Edition of The Best Lawyers in America in the practice area of Professional Malpractice Law - Defendants.

Best Lawyers is the oldest peer-review publication in the legal profession.


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By Kevin R. Van Duser, Esq.

 

An insurance company’s duty under New York Law is to act in good faith. Pavia v. State Farm, 82 NY2d 445,452. Good faith has been defined as an adequate protection of the interests of the insured. Smoral v. Hanover Ins. Co., 37 AD2d 23. But, what then is “bad faith”? And when is it bad faith to refuse to defend an insured? Or to refuse to settle a case? This article provides a basic overview of the law on bad faith in New York.


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By James G. Stevens, Jr., Esq.

 

It is human nature to sometimes be a little casual in our approach to smaller tasks. After all we’ve done them many times in the past without a problem and perhaps even picked up some decent fees for limited effort (or at least picked up some cash flow that helps with the overhead). As attractive as that low hanging fruit may be sometimes, don’t let your guard down. “I did it for a low fee or no fee” is not a defense recognized in the law. Your duty to your client and the public is not dependent on the size of the job or the size of the fee. The duty is always to comply with the standard of care.


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By Samuel M. Vulcano, Esq.  

 

It is important to to understand when Pre-Claim Assistance may be available to you and to understand what a “Claim” is and what it isn’t.


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By Stephen A. Davoli, Esq.

 

Sometimes the defense’s enthusiasm for winning dismissal of Labor Law 240(1) and 241(6) claims is so focused that a proper analysis of negligence is overlooked. This is a mistake because failing to properly address the negligence claim means the claim survives even when summary judgment was achievable. The most common mistake that results in this unfortunate outcome arises from the failure to address the most fundamental question at the earliest stage of defense. Did the plaintiff’s injuries arise from the manner in which the work was performed, or did it arise from a defective condition present at the worksite?


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By Jenna W. Klucsik, Esq.

 

In December 2012, Governor Andrew Cuomo signed the Uniform Notice of Claim Act (“Act”), which became effective on June 15, 2013. The Act contains several new and important provisions that will affect municipal entities faced with personal injury, property damage, and wrongful death claims.


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Partner Sam Elbadawi, Esq. has received the distinction of a 2012 SuperLawyer award for the Upstate New York region for his Personal Injury Plaintiff's practice.


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By Stephen G. Pesarchick, Esq. & Jenna W. Klucsik

 

The following discusses the use of various oral and written discovery devices in defending trucking cases. It also discusses the use of expert witnesses to defend trucking cases, and unique issues that may arise with respect to experts in this area of litigation. Finally, the following discusses the offer of proof, which is one key issue related to settlement of trucking accident cases that are litigated in federal court.


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Partner Stephen Pesarchick, Esq. will speak on the topic of Trucking Discovery and Experts at the Defense Research Institute's seminar entitled "Defending Trucking Litigation - A Primer for Young Lawyers" on June 7, 2013.


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Partner Stephen Pesarchick, Esq., is a featured speaker at the DRI Fire Science and Litigation Seminar being held in January, 2013, in Scottsdale, Arizona. Mr. Pesarchick will speak on the topic of heavy commercial vehicle fires.


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Stephen A. Davoli, Esq. and Danielle Mikalajunas Fogel, Esq., were recently welcomed into the firm's partnership. Both Mr. Davoli and Ms. Fogel work in Sugarman's insurance defense department.


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