Wade Clark Mulcahy LLP

Time Out This page isn’t available right now. But we’re working on a fix, ASAP. Try again soon. Go Back

Time Out This page isn’t available right now. But we’re working on a fix, ASAP. Try again soon. Go Back

Time Out This page isn’t available right now. But we’re working on a fix, ASAP. Try again soon. Go Back

News First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases February 8, 2025 < Back Share to: In a significant win for Wade Clark Mulcahy’s client and for insurers generally, the Appellate Division, First Department, unanimously affirmed that in additional insured tenders circumstances do matter. The additional insured jurisprudence that governs New York City with respect to sidewalk trip-and-falls has been murky, requiring coverage counsel to parse the circumstances surrounding a tender of coverage to the AI insurer. On February 6, 2025 in Wesco Insurance Company v. Jewelers Mutual Insurance Company , Case No. 2024-04153, (Feb. 6, 2025) plaintiff-appellant Wesco insured a corner property owner which maintained on the sidewalk abutting its property a raised cellar door bulkhead. Wade Clark Mulcahy’s client Jewelers Mutual insured the jewelry store holding the ground-level tenancy above the basement and around the corner from that bulkhead structure, facing the main street. In 2018, a pedestrian tripped and fell over the bulkhead, and filed the underlying litigation against both the landlord and tenant, leading to this AI coverage dispute. The additional insured provision covered the landlord “only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to [the tenant].” After highlighting the many critical facts supporting our client’s position – and conceded on the record – the First Department held that the AI provision was not triggered because the pedestrian’s injury did not arise out of the landlord’s “ownership of ‘that part of the premises leased to [tenant].’” The Court took note of these critical circumstances: · the basement was not a part of the leasehold; · the tenant had no duty to maintain the basement or the cellar doors leading to the basement; · the tenant had no internal access to the basement; · a different tenant had exclusive use and control over the basement; · the lease only required the tenant to keep the sidewalk “in front of” the store free from obstruction, while the cement bulkhead structure and cellar doors were around the corner from the sole entrance to the store. This ruling provides much needed clarity in evaluating AI tenders in sidewalk cases. What seemed to be black letter law before Wesco —that any defect, structural or otherwise, on a sidewalk abutting a tenancy falls under the tenant’s AI coverage—in fact, turns on the circumstances and the scope of the lease. While helpful to insurers, it also serves as a reminder of the risks inherent in issuing blanket AI endorsements without any information concerning the physical condition of the tenancy and its abutting surface area. Any questions, please contact Dennis Wade or Abed Bhuyan. Previous Next Dennis M. Wade Dennis M. Wade Partner +1 212 267 1900 dwade@wcmlaw.com Contact

Latest News Button February 8, 2025 Read More First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases Button January 26, 2025 Read More Defense Verdict for Steve Kim in NJ Construction Accident Trial Defense Verdict for Steve Kim in NJ Construction Accident Trial Button January 15, 2025 Read More DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Button January 6, 2025 Read More Steve Kim Obtains a Favorable Verdict in a Challenging Workplace TBI Trial (NJ) Steve Kim Obtains a Favorable Verdict in a Challenging Workplace TBI Trial (NJ) Button January 3, 2025 Read More Jason Laicha Promoted to Senior Associate Jason Laicha Promoted to Senior Associate Button October 10, 2024 Read More Mike Bono to Present at IFASIC Conference in Budapest Mike Bono to Present at IFASIC Conference in Budapest Button October 8, 2024 Read More WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment Button September 27, 2024 Read More When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time Button September 27, 2024 Read More LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property Button September 27, 2024 Read More How “Serious”’ Means Serious Injury How “Serious”’ Means Serious Injury Button September 27, 2024 Read More Even Though He Couldn’t See, it’s Defendant’s Fault Even Though He Couldn’t See, it’s Defendant’s Fault Button September 27, 2024 Read More Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Button September 23, 2024 Read More Cards Against Humanity Sues SpaceX Over Texas Trespass Cards Against Humanity Sues SpaceX Over Texas Trespass Button September 20, 2024 Read More No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Button September 20, 2024 Read More Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City Button September 20, 2024 Read More What is Considered Adequate Inspection Of An Establishment? What is Considered Adequate Inspection Of An Establishment? Button September 20, 2024 Read More Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Button September 20, 2024 Read More The Fine Print Matters: Winning Contractual Indemnification Claims Between Tenants and Landlords The Fine Print Matters: Winning Contractual Indemnification Claims Between Tenants and Landlords Button September 13, 2024 Read More Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence” Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence” Button September 13, 2024 Read More It Wasn’t the Pig’s Fault It Wasn’t the Pig’s Fault Button September 6, 2024 Read More Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony Button September 6, 2024 Read More Recent New York Decision Highlight the Importance of Documenting Condition of Property During Utility Work Recent New York Decision Highlight the Importance of Documenting Condition of Property During Utility Work Button September 6, 2024 Read More FLORIDA’S NEW YEARS RESOLUTION: Complying With Amendments To Rules of Civil Procedure Promoting Active Case Management FLORIDA’S NEW YEARS RESOLUTION: Complying With Amendments To Rules of Civil Procedure Promoting Active Case Management Button September 4, 2024 Read More Jury Sides With The Mouse Against Disney Adults In VIP Club Lawsuit Jury Sides With The Mouse Against Disney Adults In VIP Club Lawsuit Button August 30, 2024 Read More Literally Blinded to a Latent Danger Literally Blinded to a Latent Danger Load More

There’s Nothing Here... We can’t find the page you’re looking for. Check the URL, or head back home. Go Home

Joseph A. Capone Associate Attorney New Jersey 1 862 256 0877 jcapone@wcmlaw.com Professional Experience Joe assists with general liability claims, including construction defect and premises liability claims. His work includes investigating facts, drafting pleadings and motions, attending depositions and arbitrations, and preparing for trial. Prior to joining WCM, Joe was a law clerk at a construction firm in Atlantic City, NJ and a personal injury firm in Philadelphia, PA. Honors and Distinctions Joe received his J.D./MBA from Villanova University. While in law school, Joe served as Vice President of the Pro Bono Society earning the Dorothy Day Award for engaging in extensive pro bono work. Joe was inducted in the Beta Gamma Sigma International Business Honor Society for his distinguished academic performance in the MBA program. Prior to law school, Joe graduated magna cum laude from Franklin & Marshall College double majoring in Business and Government. Joe earned the Albert L. Bell Memorial Prize for outstanding academic achievement in accounting. During his time at F&M, Joe studied abroad in London attending the University of Westminster. Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D., Villanova University Charles Widger School of Law MBA, Villanova University B.A., Franklin & Marshall College Bar Admissions New Jersey Court Admissions New Jersey

Caroline Nelson Law Clerk Pennsylvania (412) 518-2768 cnelson@wcmlaw.com Professional Experience Caroline assists with a variety of coverage matters. Her works includes reviewing insurance policies and contracts to determine an insurer’s obligations related to defense and indemnification. Caroline also assists with the litigation of general liability actions for various types of claims by performing legal research and drafting litigation documents. Caroline joined WCM as a summer associate in May 2024 and she continues to work with the firm as she completes her final year of law school. Caroline serves as a Managing Editor of Student Works for the Villanova Environmental Law Journal. During law school, she also served as a judicial intern for the United States Court of Appeals for the Third Circuit. Honors and Distinctions · Villanova Law Dean’s Merit Scholar · Phi Beta Kappa Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education · Villanova Charles Widger School of Law, JD (expected May 2025) · George Washington University, BA

News Defense Verdict for Steve Kim in NJ Construction Accident Trial January 26, 2025 < Back Share to: WCM New Jersey Partner Steve Kim recently secured a "no cause" defense verdict in favor of our client, a drywall subcontractor involved in a high exposure construction liability case. The case arose from allegations related to a workplace accident where the plaintiff claimed that the absence of temporary safety railings at a construction site contributed to their injuries. Steve successfully demonstrated to the jury that our client had completed their work safely and professionally well before the incident occurred and was not responsible for the alleged conditions at the site. This verdict reflects the importance of careful preparation and a clear presentation of the facts in achieving a favorable outcome for our client. We are proud to have been able to protect our client’s interests and bring this matter to a favorable resolution. At Wade Clark Mulcahy, we are committed to providing effective representation for businesses in construction and other industries. Feel free to contact @ skim@wcmlaw.com with questions about the trial or his practice areas. Previous Next Steve J. Kim Steve J. Kim Partner +1 212 267 1900 skim@wcmlaw.com Contact

Diana Rosario Associate New York (332) 251-0741 drosario@wcmlaw.com Professional Experience Diana specializes in general liability actions, including personal injury, property damage, premises liability, construction defect claims, and trucking claims. Her responsibilities encompass fact analysis and investigation, drafting pleadings and motions, conducting legal research, and assisting with trial preparation. During her time in law school, Diana interned at a mid-sized firm where she contributed to various litigation matters. Additionally, she served as a Law Clerk at Hofstra’s Deportation Defense Clinic focusing on cases involving motions to reopen, removal orders, and gang-related allegations. Prior to attending law school, Diana worked as a senior paralegal, managing no-fault claims and gaining experience with filings through the American Arbitration Association. Professional Activities Member, New York State Bar Association Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D., Maurice A. Deane School of Law at Hofstra University B.A., John Jay College of Criminal Justice - CUNY Bar Admissions New York Court Admissions New York

News DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia January 15, 2025 < Back Share to: Last week, DJ Dawson and Sarah Polacek obtained what amounts to a Zero Dollar Verdict on a premises liability case in the Court of Common Pleas in Philadelphia, involving a trip and fall where WCM represented a mall owner. The co-defendant was a store owner within the mall. To support Plaintiff’s damages, Plaintiff produced a cost projection expert who testified that Plaintiff would receive future medical care totaling $314,074.00, despite that Plaintiff only underwent physical therapy for six months following the alleged accident and has not received further treatment in three years since the alleged accident. Philadelphia is a jurisdiction known for nuclear verdicts. Before trial, plaintiff’s “bottom line” demand to our client and the co-defendant was $750,000. This was Sarah’s first trial and she secured multiple motions in limine being granted in our client’s favor. After trial, and after DJ and Sarah effectively poked holes in Plaintiff’s liability and damages proofs, the jury apportioned 32% of the negligence to our client, and then awarded Plaintiff a grand total $15,000 in damages. The 32% apportionment equated to a $4,800 judgment. However, the co-defendant settled with Plaintiff during trial, and that settlement amount exceeded the jury award. Meaning, after the offset of the co-defendant settlement, our client effectively owes nothing. Great job DJ and Sarah! Previous Next D.J. Dawson D.J. Dawson Partner 267.946.2473 ddawson@wcmlaw.com Contact

Marc D. Mory Counsel New Jersey (973) 258-1700 mmory@wcmlaw.com Professional Experience Marc D. Mory has over 20 years of experience in civil litigation including matters ranging from general premises liability and personal injury to employment law and complex civil rights cases. As a civil litigator, Marc has handled matters from pre-suit, through the litigation process, including pretrial discovery, motion practice and appeals. Marc also has experience in partnership and business disputes, banking law, and the Uniform Commercial Code and has counseled clients regarding employment investigations and training. Marc graduated with a Bachelor of Arts from Brandeis University with a double major in Sociology and American Studies. He received his Juris Doctor degree in 2001 from the Hofstra University School of Law. Prior to graduation, Marc served as a legal intern for the Honorable Martin J. Kravarick, J.S.C., retired, in the Civil Division of the Superior Court, Middlesex County. Before joining WCM, he was an attorney at both large and small firms throughout New Jersey, offering him a unique perspective regarding the efficient management of litigation. Honors and Distinctions · Managing Editor, Hofstra Labor and Employment Law Journal Professional Activities New York Bar Association New Jersey Bar Association Middlesex County Bar Association Publications I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D., Hofstra University School of Law B.A., Brandeis University Bar Admissions New Jersey New York Court Admissions Supreme Court of New Jersey U.S. District Court for the District of New Jersey U.S. Court of Appeals for the Third Circuit