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New York Civil Law

A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense and other interesting issues.

Post Frequency: 13/day

Last Entry: January 18, 2011 at 07:20:00

Appellate Division, Third Department's Curious Holding Regarding Recurring Dangerous Condition in Premises Liability

Posted on January 18, 2011
Last Thursday, the Appellate Division, Third Department in Black v. Kohl's Dept. Stores, Inc. held that general awareness of that a dangerous condition may be present on its premises might be enough to hold a premises owner liable. The case...

New York Court of Appeals Recently Holds That CPLR 2001 May Cure Defect In Service of Summons and Complaint In Some Instances

Posted on January 03, 2011
Even though the CPLR is clear on this point, litigants still seem to make mistakes when serving their summons and complaints. In Ruffin v. Lion Corp., 2010 N.Y. Slip Op. 8767, 2010 N.Y. LEXIS 3464 (Nov. 30, 2010), the plaintiff...

Appellate Division, Third Department Recently Finds An Question of Fact As To Sole Proximate Cause in Labor Law Context

Posted on November 08, 2010
In Silvia v. Bow Tie Partners, LLC, the Appellate Division, Third Department addressed a sole proximate cause issue within the Labor Law sec. 240(1) context. In Silvia, the plaintiff was allegedly injured when a plank on which he was standing...

New York Court of Appeals Grants Leave to Appeal Regarding Emergency Doctrine Instruction

Posted on September 20, 2010
Last week, the New York Court of Appeals granted leave to appeal in Lifson v. City of Syracuse. The issue likely to be decided is whether a trial court can instruct a jury on the emergency doctrine where the evidence...

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New York Court of Appeals Will Hear Oral Arguments on Important Corporate Issues

Posted on September 08, 2010
The New York Court of Appeals will hear arguments next Tuesday (September 14, 2010) in Kirschner v. KPMG LLP on whether, under New York law, the acts of the corporate insiders can be imputed to the corporation, in which event,...

New York Law Reporting Bureau Adds Real Simple Syndication Feeds

Posted on September 07, 2010
The New York Law Reporting Bureau has stepped up its game once again. The LRB now offers Real Simple Syndication Feeds for the New York Court of Appeals; the Appellate Division, First Department; the Appellate Division, Second Department; the Appellate...

New York Times Article On Clerkships at the Supreme Court of the United States

Posted on September 07, 2010
The New York Times today published a good article on clerkships at the Supreme Court of the United States. The article does not uncover anything new, but I always enjoy a peek behind the Supreme Court curtain.

Posts Will Resume

Posted on April 25, 2010
For the past year, I have sporadically posted to this weblog. This lull marked a divergence from prior years, when I posted 3-4 a week. In the coming months, I intend to resume my prior practice of posting content. For...

Recent New York Times' Article on Chief Judge Lippman's on New York's High Court (the New York Court of Appeals)

Posted on February 21, 2010
Last week, the New York Times featured this article on Chief Judge Lippman's impact on the New York Court of Appeals. One of the main thrusts of the article is how the Court has had more contentious opinions in the...

Rare Dissent In New York Court of Appeals' Dismissal of Appeal As of Right

Posted on February 17, 2010
We've all read the short entries from the New York Court of Appeals regarding appeals as of right and motions for leave to appeal. They're enigmatic to most. The conciseness often demonstrates that the Court jealously guards its jurisdiction. Although...

New York Court of Appeals Revisits Sole Proximate Cause Defense

Posted on February 16, 2010
With the last few Labor Law decisions from the New York Court of Appeals (read post here and here) acting as a backdrop, I've heard defense attorneys complain that the Court has cut back the sole proximate cause defense in...

New York Court of Appeals Revisits Sole Proximate Cause Defense

Posted on February 15, 2010
With the last few Labor Law decisions from the New York Court of Appeals (read post here and here) acting as a backdrop, I've heard defense attorneys complain that the Court has cut back the sole proximate cause defense in...

New York Court of Appeals Will Hear Oral Arguments on Whether to Extend Primary Assumption of Risk

Posted on February 01, 2010
For its February Session, the New York Court of Appeals will hear oral arguments in Trupia v. Lake George Central School Dist. The appeal concerns whether the Court should extend primary assumption of risk beyond the context of sporting and...

Super Lawyers Nomination

Posted on January 31, 2010
Super Lawyers is accepting nominations for its Upstate New York edition. To nominate an attorney, click on this link and nominate the respective attorney (you must register to nominate an attorney; go to "Nominate Your Peers" link). If you have...

Landlord Possibly Liable for Tenant's Dog Who Bit Plaintiff's Child Off the Landlord's Property

Posted on January 25, 2010
The Appellate Division, Third Department in Champ-Doran v. Lewis recently held that an issue of fact existed regarding the defendant landlord's liability for injuries the plaintiff's child sustained. The plaintiff's child was attacked by one of two dogs owned by...

Landlord Possibly Liable for Tenant's Dog Who Bit Plaintiff's Child Off the Landlord's Property

Posted on January 24, 2010
The Appellate Division, Third Department in Champ-Doran v. Lewis recently held that an issue of fact existed regarding the defendant landlord's liability for injuries the plaintiff's child sustained. The plaintiff's child was attacked by one of two dogs owned by...

New York Court of Appeals Grants Leave to Appeal in Interest Rate Issue

Posted on January 18, 2010
The Court of Appeals granted leave to appeal in Grobman v. Chernoff last month. The matter surrounds an interest rate issue within the context of a personal-injury action. In 1996, the plaintiff was injured as a passenger in an automobile...

New York Court of Appeals Grants Leave to Appeal in Interest Rate Issue

Posted on January 17, 2010
The Court of Appeals granted leave to appeal in Grobman v. Chernoff last month. The matter surrounds an interest rate issue within the context of a personal-injury action. In 1996, the plaintiff was injured as a passenger in an automobile...

New Legal Resource on the Block

Posted on January 12, 2010
I enter a lot of legal search terms into Google News for purposes of my practice and writing this weblog. In the few weeks, I've been getting notifications from a new resource, Leagle, Inc. The webpage has a list of...

New York Court of Appeals Hears Oral Argument on Sole Proximate Cause within Labor Law sec. 240(1) Context

Posted on January 07, 2010
The New York Court of Appeals just yesterday heard oral arguments in Gallagher v. New York Post, which concerns an issue of the sole proximate cause defense within the Labor Law context. In Gallagher, the plaintiff injured worker fell into...

Google Scholar Includes Legal Research Tools

Posted on January 04, 2010
In case you missed it, Google Scholar now offers a legal research tool. You can use the search tool by selecting the "radio button" that states "Legal opinions and journals". Here is a post on Google's Blog that discusses this...

Tips on Contacting a Court Clerk's Office

Posted on December 29, 2009
My colleague Bill O'Connell and I recently wrote this blog post on tips on contacting a court clerk's office.

Homeowner's Exemption to Labor Law secs. 240(1) and 241(6) Garners Rare Split Decision at New York Court of Appeals

Posted on December 28, 2009
In a rare 4-3 decision within the Labor Law context, the New York Court of Appeals in Affri v. Basch recently held that the homeowner's exemption to Labor Law secs. 240(1) and 241(6) applied to the defendants homeowners. The defendants...

Homeowner's Exemption to Labor Law secs. 240(1) and 241(6) Garners Rare Split Decision at New York Court of Appeals

Posted on December 27, 2009
In a rare 4-3 decision within the Labor Law context, the New York Court of Appeals in Affri v. Basch recently held that the homeowner's exemption to Labor Law secs. 240(1) and 241(6) applied to the defendants homeowners. The defendants...

New York Court of Appeals Finds Gap in Labor Law Case Law To Justify Recent Holding

Posted on December 21, 2009
Wait a minute . . . doesn't New York's Scaffold Law (Labor Law sec. 240(1)) apply when there is a falling worker or when the worker is hit by an object improperly hoisted or secured? No way says the New...

New York Court of Appeals Finds Gap in Labor Law Case Law To Justify Recent Holding

Appellate Division, Second Department Addresses Labor Law Action Regarding Scaffold Slipping in Hole

Posted on November 25, 2009
In Caballero v. Benjamin, the Appellate Division, Second Department held that the plaintiff injured worker established prima facie that the owner and general contractor were liable under Labor Law sec. 240(1). A wheel on the scaffold upon which the plaintiff...

Apellate Division, Second Department Addresses Multi-Vehicle Accident

Posted on November 24, 2009
In Biddy v. Vanmaltke, the Appellate Division, Second Department held that the defendant driver was not liable regarding a collision of the plaintiff's truck or the one in which the plaintiff was rear-ended by another tractor trailer. The accident unfolded...

Appellate Division, Third Department Addresses Juror Confusion

Posted on November 23, 2009
The Appellate Division, Third Department in Albarado v. Dillon recently addressed one of the defendant's claims of juror confusion. The appeal concerned a three-car accident stemming from the defendant State Trooper's high-speed chase. The other defendant was stopped on the...

Appellate Division, Second Department Addresses Labor Law Action Regarding Scaffold Slipping in Hole

Posted on November 22, 2009
In Caballero v. Benjamin, the Appellate Division, Second Department held that the plaintiff injured worker established prima facie that the owner and general contractor were liable under Labor Law sec. 240(1). A wheel on the scaffold upon which the plaintiff...

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