New York, New York—April 4, 2025—The Honorable Mary V. Rosado of the New York County Supreme Court issued a Decision and Order denying defendants’ motions to dismiss plaintiff’s complaint. Plaintiff, Golden Insurance Company, a Risk Retention Group, is represented by Evan S. Fensterstock, Principal and Founder of Fensterstock, P.C.
The Manhattan Supreme Court held that plaintiff sufficiently pled its claims, including the element of proximate causation, and determined that the alleged damages were not merely speculative. At issue is the applicability of New York Insurance Law Section 3420(d)(2) to risk retention groups concerning coverage under a commercial general liability policy. The dispute arose from an alleged failure to recognize dispositive law that Section 3420(d)(2) does not apply to such entities under the circumstances in this case, resulting in plaintiff being compelled to make a payment it allegedly should not have owed.
Defendants have been ordered to answer the Complaint within 20 days and to confer with plaintiff regarding a preliminary conference order. Plaintiff’s case will proceed accordingly.
About Fensterstock, P.C.
Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last ten consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings.
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