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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.
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Appellate Division, Second Department Affirms Rejection of Creative Rear-End Defense
Posted on October 26, 2009In Carrington-White v. Malvey, the Appellate Division, Second Department recently affirmed the plaintiff's summary judgment motion on liability. The matter concerned a rear-end accident, where the defendant struck a cement barrier, causing her vehicle to strike the plaintiff's vehicle...
Appellate Division, First Department Addresses Confidential Settlement Agreement Issue
Posted on October 11, 2009The Appellate Division, First Department in Osowski v. AMEC Constr. Mgt., Inc. addressed a confidential settlement agreement between the plaintiffs and the defendants. The plaintiffs and defendants entered into a settlement agreement to perform an end-run around a contractual waiver...
New York Court of Appeals' Hears Oral Argument on Scaffold Law This Session
Posted on October 06, 2009New York Civil Law posted about Affri v. Basch earlier this year. The appeal will be argued this Session. The Appellate Division decision does not reveal much as to what the novel issue concerns. As what can be discerned from...
New York Court of Appeals' October Session Starts Next Tuesday
Posted on October 06, 2009The New York Court of Appeals' October 2009 Session starts next Tuesday, October 13, 2009. Here is the schedule of oral arguments for the Session.
Happy First Monday
Posted on October 05, 2009Today, the Supreme Court of United States began its 2009-2010 Term. C-Span is presenting a great series -- Supreme Court Week -- on the Supreme Court just in time for First Monday. Here is the schedule. Here is the Amercian...
Appellate Division, Second Department Dismisses Appeal Based on Inadequate Record
Posted on September 22, 2009Let the recent decision in Civil v. Tae Hwa Sim serve as a warning. In this appeal, the Appellate Division, Second Department dismissed the appeal based on an inadequate record on appeal. The appellant based its motion to intervene, in...
Anecdotal Tip for Appellate Division, First Department Practice
Posted on September 21, 2009What happens when you argue an appeal where there is a different attorney listed on the brief? In some appellate courts, you just alert one of the clerks of the substitution or change. However, I experienced something at the Appellate...
2009-2010 New York Court of Appeals' Term Begins
Posted on September 15, 2009In the deluge of appeals I've been recently handling, I somehow missed the beginning of the New York Court of Appeals' 2009-2010 Term last week (one of my favorite times of the year). Oral arguments for the second week of...
Decision on "Additional Insured" Coverage Will Reach New York Court of Appeals
Posted on September 14, 2009The New York Court of Appeals in Worth Constr. Co. v. Admiral Ins. Inc. interpreted an additional insured endorsement of a commercial general liability insurance policy. The issue concerned the provision providing that the additional insured was insured only regarding...
Appellate Division, First Department Labor Law Decision to Watch
Posted on September 08, 2009In the past few years, the New York Court of Appeals has developed a line of case law strengthening the sole proximate cause defense for Labor Law sec. 240(1). Two cases in particular -- Montgomery v. Federal Express Corp. and...
New York Court of Appeals Will Hear Oral Arguments on The Scope of Expert Witness Testimony
Posted on September 03, 2009On September 10, 2009, the New York Court of Appeals will hear oral arguments in Salm v. Moses. The underlying Appellate Division, First Department doesn't have much to it. The appeal addresses whether the trial court properly limited the cross-examination...
New York Court of Appeals Determines Case Regarding Foundation of Expert Opinion
Posted on September 01, 2009Butler v. City of Gloversville provides another case in which an expert did not support his conclusion with a proper foundation. The New York Court of Appeals concluded that the defendant's expert did not support his conclusion that the plaintiff...
Editor's Note -- Posts Suspended Until After Summer 2009
Posted on April 05, 2009As you may have noticed, I have not recently posted to this weblog. For temporary reasons beyond my control, I will be unable to update the posts to this weblog until after summer 2009 (hopefully, sooner though). I appreciate your...
Appellate Division, First Department Decides Case Regarding Emails within Settlement Context
Posted on February 26, 2009In a holding I have not seen before, the Appellate Division, First Department held in Williamson v.Delsener that email exchanges between the plaintiff and defendant satisfied the statute of frauds and indicated that the parties agreed to settle the matter...
New York Court of Appeals Hears Oral Argument on Important No-Fault Issues
Posted on February 13, 2009On February 11, 2009, the New York Court of Appeals heard oral arguments in LMK Psychological Servs. v. State Farm Mut. Auto. Ins. Co., addressing two important issues regarding New York's No-Fault Law. I attended the oral argument; however, I...
New York Chief Judge Jonathan Lippman Takes the Center Seat on the New York Court of Appeals
Posted on February 13, 2009On February 11, 2009, the New York Senate confirmed Governor Paterson's appointment of Chief Judge Jonathan Lippman of the New York Court of Appeals. Chief Judge Lippman sat for argument yesterday for his first day, and the Court's decisions reflected...
Appellate Division, Third Department Grants New Trial Regarding Ex Parte Communications With Plaintiff's Treating Physician
Posted on February 13, 2009The New York Court of Appeals recently held in Arons v. Jutkowitz that a plaintiff who puts his or her physical or mental condition at issue must execute HIPAA-compliant authorizations. This ruling allows defense counsel to conduct an ex parte...
Support Your Troops -- Bunkers in Baghdad
Posted on February 08, 2009My friend and colleague Joe Hanna created a not-for-profit corporation that collects and sends new and used golf balls, clubs, and equipment to our troops serving in Iraq and Afganistan. The corporation is Bunkers in Baghdad. Bunkers is a unique...
New York Court of Appeals Hears Oral Argument on Certified Questions Concerning Products Liability
Posted on February 02, 2009Next week, the New York Court of Appeals will hear oral argument in Jaramillo v. Weyerhaeuser. Jaramillo concerns a certified question from the United States Court of Appeals for the Second Circuit concerning whether an entity that sold a used...
Appellate Division, Third Department Grants New Trial Regarding Ex Parte Communications With Plaintiff's Treating Physician
Posted on January 26, 2009Appellate Division, Third Department Applies Arons v. Jutkowitz and Grants New Trial
Posted on January 25, 2009The New York Court of Appeals recently held in Arons v. Jutkowitz that a plaintiff who puts his or her physical or mental condition at issue must execute HIPAA-compliant authorizations. This ruling allows defense counsel to conduct an ex parte...
New York Civil Law's Twitter Feed
Posted on January 21, 2009What's that new widget on the right side of New York Civil Law, you ask? I have imported my Twitter feed into this blawg. My posts on Twitter -- "tweets" -- hope to serve as a pseudo-AP wire for topics...
New York Court of Appeals Grants Leave to Appeal on Scaffold Law Issuest
Posted on January 19, 2009Last week, the New York Court of Appeals granted leave to appeal in Affri v. Basch. As what can be discerned from the terse Appellate Division decision, the issue surrounds the homeowner's exception to Labor Law sec. 240(1). The exception...
New York Court of Appeals Grants Leave to Appeal on Scaffold Law Issuest
Posted on January 18, 2009Last week, the New York Court of Appeals granted leave to appeal in Affri v. Basch. As what can be discerned from the terse Appellate Division decision, the issue surrounds the homeowner's exception to Labor Law sec. 240(1). The exception...
Webcast of New York Governor's Nomination of Justice Lippman to Chief Judge of the New York Court of Appeals
Posted on January 14, 2009Watch this webcast of Governor Paterson's announcement of his nomination of Jonathan Lippman as the next Chief Judge of the New York Court of Appeals. Here is the Governor's press release. Webcast begins at 11:15 a.m. today, January 14, 2009....
Reports State New York State Governor Will Nominate Justice Jonathan Lippman Tomorrow
Posted on January 13, 2009Certain news resources are reporting that New York Governor David Paterson will nominate Justice Jonathan Lippman as New York's new Chief Judge of the New York Court of Appeals. This is the first time since 1897 that a chief judge...
New York Court of Appeals Will Address Whether Manufacturers Have a Continuing Duty to Retrofit or Recall Products
Posted on January 05, 2009The Appellate Division, First Department recently granted leave to appeal to the New York Court of Appeals in Adams v. Genie Indus. Inc. The appeal concerns a product-liability matter where the plaintiff allegedly injured himself on a compact personnel person-lift...
Top Five Surprises and Disappointments Impacting New York Law in 2008
Posted on January 05, 2009For the first time since I started writing this blawg, I am presenting my own end-of-the-year list. Today's list is:The Top Five Surprises and Disappointments Impacting New York Law5. The Commission on Judicial Nomination does not recommend Judge Carmen Ciparick...
Free Web Journal on Trial Skills: "The Jury Expert"
Posted on January 01, 2009"The Jury Expert" is a free, on-line journal that concentrates on trial skills. The journal's goal is to translate social sciences research findings into practical and relevant tools for the litigator. The articles go beyond "teaser" articles to promote jury...
New York Court of Appeals Grants Leave to Appeal In Supplementary Uninsured/Underinsured Motorist Dispute
Posted on December 31, 2008Last Thursday, the New York Court of Appeals granted leave to appeal in Allstate Ins. Co. v. Rivera. Rivera concerns the interpretation of the Supplementary Uninsured/Underinsured Motorists endorsement of Allstate's automobile insurance policy. Allstate insured a vehicle that collided with...
Top Five Surprises and Disappointments Impacting New York Law in 2008
Posted on December 28, 2008For the first time since I started writing this blawg, I am presenting my own end-of-the-year list. Today's list is:The Top Five Surprises and Disappointments Impacting New York Law5. The Commission on Judicial Nomination does not recommend Judge Carmen Ciparick...
New York Court of Appeals Recently Addresses Cigarette Liability
Posted on December 21, 2008There have been waves of litigation against cigarette manufacturers. One of the newest waves concerns an argument plaintiffs have recently presented -- "regular" cigarettes are defective as compared to "light" cigarettes because "light" cigarettes have less tar and a lower...
"New Yorker" Piece on Chief Judge Judith Kaye
Posted on December 21, 2008The "New Yorker" published this interesting piece on Chief Judge Judith Kaye.Hat Tip goes to Eric from New York Personal Injury Law Blog.
"New Yorker" Piece on Chief Judge Judith Kaye
Posted on December 09, 2008The "New Yorker" published this interesting piece on Chief Judge Judith Kaye.\Hat Tip goes to Eric from New York Personal Injury Law Blog.
New York Court of Appeals Addresses Insurance Law sec. 3420(d) Within Context of Insured Non-Cooperation
Posted on December 08, 2008Plaintiffs' and defense attorneys struggle with the lack of defined time limits as applied to Insurance Law sec. 3420(d). Section 3420 is the requirement in bodily injury and death cases that an insurer shall give an insured, injured person, or...
New York Court of Appeals Addresses Insurance Law sec. 3420(d) Within Context of Insured Non-Cooperation
Posted on December 07, 2008Plaintiffs' and defense attorneys struggle with the lack of defined time limits as applied to Insurance Law sec. 3420(d). Section 3420 is the requirement in bodily injury and death cases that an insurer shall give an insured, injured person, or...
New York State's Commission on Judicial Nomination Gives Governor Seven Candidates
Posted on December 02, 2008New York State's Commission on Judicial Nomination gave Governor David Paterson seven candidates for the position of Chief Judge of the New York Court of Appeals. Two of the candidates are current Judges on the Court of Appeals:Judge Theodore Jones...
Back to the Posts . . .
Posted on November 30, 2008In the past few months, personal matters prevented me from writing posts. Hopefully the upcoming months will allow for frequent posts and lively discussion.
Upcoming Webconference on The Advances of Technology in Modern Litigation
Posted on November 12, 2008On November 18, 2008, the Young Lawyers Webconference Subcommittee of the Defense Research Institute will present "The Advances of Technology in Modern Litigation." During this webconference, fellow Young Lawyer Committee members, Sean Shirley of Balch & Bingham LLP and me...
Upcoming Webconference on The Advances of Technology in Modern Litigation
Posted on November 09, 2008On November 18, 2008, the Young Lawyers Webconference Subcommittee of the Defense Research Institute will present "The Advances of Technology in Modern Litigation." During this webconference, fellow Young Lawyer Committee members, Sean Shirley of Balch & Bingham LLP and me...
New York Court of Appeals Grants Leave to Appeal In Supplementary Uninsured/Underinsured Motorist Dispute
Posted on October 27, 2008Last Thursday, the New York Court of Appeals granted leave to appeal in Allstate Ins. Co. v. Rivera. Rivera concerns the interpretation of the Supplementary Uninsured/Underinsured Motorists endorsement of Allstate's automobile insurance policy. Allstate insured a vehicle that collided with...
New York Court of Appeals Addresses "Law Office Failure" Excuse Within Context of CPLR 3404
Posted on October 20, 2008The New York Court of Appeals addressed a CPLR 3404 recently in Okun v. Tanners. In Okun, the "law office failure" excuse could not win the day for the plaintiff. The case concerned CPLR 3404, which provides that after a...
New York Court of Appeals Addresses Discovery Issues
Posted on October 14, 2008The New York Court of Appeals this upcoming Session will address an issue of discovery in Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc. The appeal concerns a Special Referee's recommendation (1) that the defendant business produce a...
New York Court of Appeals Addresses Certified Question Regard Insurance Policy's Notice Provision
Posted on October 13, 2008This upcoming week, the New York Court of Appeals will address the following certified question in Briggs Avenue LLC v. Insurance Corp. of Hanover. Here is the issue:When an injured party begins its suit against an insured by serving process...
New York Court of Appeals Addresses Discovery Issues
Posted on October 13, 2008The New York Court of Appeals this upcoming Session will address an issue of discovery in Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc. The appeal concerns a Special Referee's recommendation (1) that the defendant business produce a...
Excellent Article on Chief Judge Kaye's Responsibilities
Posted on October 12, 2008Newsday published this excellent article on Chief Judge Judith Kaye's responsibilities as the Chief Judge of the New York Court of Appeals. If anything, Chief Judge Kaye is downplaying the amount of work she puts into her job.
New York Department of Insurance Webcasts Today
Posted on October 07, 2008I just learned today that the New York Department of Insurance will be providing a webcast today at 10:00 a.m. You can access the webcast here: http://www.totalwebcasting.com/live/nysins/ Please excuse the appearance, I'm mobile blogging.
First Time New York State Bar Association Has Webcast of Section Executive Meeting
Posted on October 05, 2008You are invited to view the Torts Insurance & Compensation Law Section in action. On October 7th (this Tuesday), the Section's Executive Committee will hold its quarterly meeting at the New York Bar Center. The first hour of this meeting...
Old New York Civil Law Poll About the Wikipedia
Posted on September 16, 2008The old poll that I posted had surprising results. The poll asked this question: Would you cite the Wikipedia for a non-legal point in a legal document such as a motion submission or appellate brief?75% stated that he or she...
New York Court of Appeals Clarifies Outar v. City of New York -- Labor Law sec. 240(1)
Posted on September 15, 2008Does a falling object need to be in the process of being hoisted or secured to come within the ambit of Labor Law sec. 240(1)? The New York Court of Appeals in Quattrocchi v. F.J. Sciame Contr. Co. clarified the...
Old New York Civil Law Poll About the Wikipedia
Posted on September 14, 2008The old poll that I posted had surprising results. The poll asked this question: Would you cite the Wikipedia for a non-legal point in a legal document such as a motion submission or appellate brief?75% stated that he or she...
New York Court of Appeals Clarifies Outar v. City of New York -- Labor Law sec. 240(1)
Posted on September 14, 2008Does a falling object need to be in the process of being hoisted or secured to come within the ambit of Labor Law sec. 240(1)? The New York Court of Appeals in Quattrocchi v. F.J. Sciame Contr. Co. clarified the...
New York Court of Appeals Accepts Important Products Liability Certified Question
Posted on September 10, 2008The New York Court of Appeals recently accepted the following certified questions in Jaramillo v. Weyerhaeuser Co. & Tech. Licensing Assocs.: Construing the evidence in the light most favorable to Jaramillo, is Weyerhaeuser Company a "regular seller" of used Flexo...
New York Court of Appeals Will Address Labor Law sec. 240(1) Issue
Posted on September 08, 2008This week, the New York Court of Appeals will hear oral arguments in Stringer v. Musacchia. The issue in Stringer concerns whether the plaintiff's "work" falls within the protection of Labor Law sec. 240(1). The facts of this case are...
Follow-Up on the New York Court of Appeals' Orals Arguments Regarding Tyco International Ltd.
Posted on September 02, 2008As stated stated in this post, the New York Court of Appeals heard oral arguments in People v. Dennis Kozlowski and People v. Mark H. Swartz.-- the two imprisoned executives of Bermuda-based Tyco International Ltd. Here are some articles regarding...
New York Court of Appeals Will Address New York's No-Prejudice Rule
Posted on September 02, 2008The big news regarding New York insurance law this past summer was that Governor Paterson signed a Bill eviscerating New York's long-standing no-prejudice rule (see Bill here: Download No-Prejudice.doc). The New York Court of Appeals heard oral arguments in Sorbara...
New York Court of Appeals Webcast - Tyco International Ltd.
Posted on September 01, 2008The New York Court of Appeals will webcast the appeals of the two imprisoned executives of Bermuda-based Tyco International Ltd. See the webcast here for People v. Dennis Kozlowski and People v. Mark H. Swartz.You will need to download Windows...
New York Court of Appeals Addresses Partial Indemnification Provisions
Posted on August 31, 2008This week, the New York Court of Appeals will address a long-awaited question: whether General Obligations Law sec. 5-322.1 allows for partial indemnification provisions. In the Judlau v. Brooks Contracting, Inc., the Appellate Division, Second Department held that the statute...
The New York Court of Appeals Revisits Timing for Summary Judgment Motion
Posted on August 26, 2008Practitioners often grumble about the New York Court of Appeals' holding in Brill v. City of New York -- i.e., the outside time limit for a summary judgment motion is 120 days after the filing of the note of issue,...
Supreme Court, Saratoga County -- Map and Directions
Posted on August 26, 2008Saratoga County Supreme Court Building(Click on "A" on the map below to get driving directions from your location)30 McMaster StreetBallston Spa, New York 12020(518) 885-2224Webpage View Larger Map
Posts Resume Soon . . .
Posted on August 18, 2008Who was I trying to fool? I thought that I wouldn't take off this summer but, as you can see, the summer posts were scant. Substantive posts will resume in full force in September. There's lots of interesting cases to...
New Feature on New York Civil Law
Posted on July 27, 2008As you will see below, I am making more use for my photographs of New York courthouses. From time-to-time, I'll include pictures of a courthouse around New York state with its information. More importantly, I'll include a Google Map of...
Albany County Supreme Court -- Map & Directions
Posted on July 27, 2008Albany County Supreme Court Building (Click on the "B" on the map below to get driving directions from your location) 16 Eagle Street Albany, NY 12207 (518) 285-8989 (518) 487-5020 (Fax) Webpage View Larger Map
New Legal Podcast -- The Slippery Slope
Posted on July 21, 2008I am proud to announce that there is a new legal variety podcast out -- The Slippery Slope. The podcast is a project by more former colleague, Professor Meredith Miller of Touro Law Center. Here is a description of The...
United States Court of Appeals for the Second Circuit Certifies Two Questions Regarding Attorney Deceit
Posted on July 20, 2008The United States Circuit Court of Appeals for the Second Circuit in Amalfitano v. Rosenberg certified the following two questions to the New York State Court of Appeals: (1) Can a successful lawsuit for treble damages brought under N.Y. Jud....
Press Release on New York Court of Appeals' Recent Scaffold Law Decision
Posted on July 14, 2008I ran across this interesting press release on the New York Court of Appeals' recent Labor Law sec. 240 decision -- Sanatass et al., v Consolidated Investing Company, Inc. A more detailed analysis of the decision will follow in the...
New York Court of Appeals Grants Motion for Leave to Appeal in LMK Psychological Servs.
Posted on July 01, 2008As Dave over at No-Fault Paradise pointed out earlier today, the New York Court of Appeals granted leave to appeal in LMK Psychological Servs. v. State Farm Mut. Auto. Ins. Co. Hopefully the Court will deal with both the attorney's...
Summer Posting
Posted on June 29, 2008Because of upcoming projects and publications, I will be forced to post only once or twice a week this summer. I am hoping that post will be more frequent in September through the end of the year.
Insurance Coverage Opinion from Appellate Division, Third Department Raises Eyebrows
Posted on June 25, 2008Back in 2005, the Appellate Division, Third Department in Elacqua v. Physicians' Reciprocal Insurers held that an insurer has a duty to inform its insured that he or she has the right to independent counsel paid for by the insurer...
Historic Event -- New York State Bar Association's House of Delagates Meeting Webcasts Live
Posted on June 19, 2008For the first time ever, the New York State Bar Association?s House of Delegates meeting, which is being held in Cooperstown this Saturday, June 21, starting at 8:30 a.m., will be broadcast live on the Association?s Web site. Interested members...
New York Court of Appeals Addresses Tricky Tort Issues
Posted on June 16, 2008Chain-reaction motor-vehicle accidents or multiple related motor-vehicle accidents raise tricky tort questions regarding proximate cause. The New York Court of Appeals addressed this type of tricky question last week in Tutraini v. County of Suffolk. In that case, the plaintiff...
New York Court of Appeals Addresses Tricky Tort Issues
Posted on June 15, 2008Chain-reaction motor-vehicle accidents or multiple related motor-vehicle accidents raise tricky tort questions regarding proximate cause. The New York Court of Appeals addressed this type of tricky question last week in Tutraini v. County of Suffolk. In that case, the plaintiff...
New York Court of Appeals Determines Another Labor Law sec. 240(1) Case
Posted on June 12, 2008Earlier today, the New York Court of Appeals decided Berg v. Albany Ladder Co. -- a matter concerning Labor Law sec. 240(1). In Berg, the plaintiff was hurt during the course of unloading steel trusses from a flatbed truck at...
New York Court of Appeals Addresses Spectator's Assumption of Risk
Posted on June 09, 2008In a short sua sponte merits decision, the New York Court of Appeals in Roberts v. Boys & Girls Republic, Inc. upheld that the plaintiff assumed the risk that resulted in her injury -- being hit in the face by...
Appellate Division, First Department Addresses Falling Object Issue: Labor Law sec. 240(1)
Posted on June 02, 2008The New York Court of Appeals several years ago handed down an enigmatic case regarding falling objects under Labor Law sec. 240(1): Outar v. City of New York. Since then, parties have tried to twist the terse Outar decision. The...
Urban Justice Center's 22nd Beer, Blues and Barbecue Fundraiser
Posted on June 01, 2008Nicole over at the Urban Justice Center sent me this information about an upcoming fundraiser in New York City: The Urban Justice Center's 22nd Annual Beer, Blues, and Barbecue fundraiser happens on June 11th at the West Side Loft (326...
Appellate Division, First Department Addresses Falling Object Issue: Labor Law sec. 240(1)
Posted on June 01, 2008The New York Court of Appeals several years ago handed down an enigmatic case regarding falling objects under Labor Law sec. 240(1): Outar v. City of New York. Since then, parties have tried to twist the terse Outar decision. The...
New "New York Civil Law Poll"
Posted on May 25, 2008The poll regarding citing a weblog was up too long, so I'm cleaning house. The question asked: "Would you cite a professor's or noted attorney's webog post as persuasive authority in a legal document or scholarly article? The poll was...
Appellate Division, First Department Now Offers Decisions and Orders in .pdf and HTML Format
Posted on May 23, 2008Did I miss something? From what I can see, the Appellate Division, First Department recently added a feature similar to the Second Department. The Court website now offers its Decisions and Orders in .pdf or HTML format. Hopefully the Court...
Appellate Division, First Department Now Offers Decisions and Orders in .pdf and HTML Format
Posted on May 22, 2008Did I miss something? From what I can see, the Appellate Division, First Department recently added a feature similar to the Second Department. The Court website now offers its Decisions and Orders in .pdf or HTML format. Hopefully the Court...
New Visual Search Engine In Beta
Posted on May 22, 2008I came across this search engine that I thought you would be interested in: Searchme Visual Search. This search engine provides query results by visually depicting the screen shots displayed like those old-time juke boxes. As you type in the...
New Visual Search Engine In Beta
Posted on May 21, 2008I came across this search engine that I thought you would be interested in: Searchme Visual Search. This search engine provides query results by visually depicting the screen shots displayed like those old-time juke boxes. As you type in the...
Malfunctioning Traffic Signal and Proximate Cause
Posted on May 21, 2008What happens when a person is injured in a motor-vehicle concerning a malfunctioning traffic signal? See Munoz v. City of New York, which held that the malfunctioning traffic signal was not the proximate cause for the plaintiff's accident with another...
Malfunctioning Traffic Signal and Proximate Cause
Posted on May 20, 2008What happens when a person is injured in a motor-vehicle concerning a malfunctioning traffic signal? See Munoz v. City of New York, which held that the malfunctioning traffic signal was not the proximate cause for the plaintiff's accident with another...
New New York Insurance Coverage Blawg -- Coverage Counsel
Posted on May 19, 2008New Yorkers represent when it comes to the legal blogosphere. Add another N.Y. blawger to the list: Roy Mura edits Coverage Counsel. The blawg is case law focused and Roy is an experienced attorney, who offers his expertise to each...
New York Civil Law --- Back In the Swing of Things
Posted on May 19, 2008Since January 2008, things have impinged my ability to blog on a regular basis. I've had 5 presentations in the span of a month-and-a-half and just finished co-writing a chapter on the trade secret privilege for a compendium. Other things...
New Legal Resource -- Alltop's Law Aggregation
Posted on May 08, 2008Alltop Law is reminiscent of the aggregators that attracted me to weblogs and blawgs years ago. popurls, another one of my favorites, inspired the creators of Alltop Law. I'm hooked already.
New York County Bar Association's Ethics Opinion on Metadata
Posted on May 08, 2008The New York County Lawyers' Association issued this ethics opinion on mining an adversary's responding documents in discovery for metadata (see opinion). Here's a press release on the opinion. The New York State Bar Association issued an opinion on the...
Tenuous Case of Respondeat Superior?
Posted on May 08, 2008The decision in Campbell v. Munoz concerns an interesting fact pattern on whether an employee was acting within the scope of his employment when his actions allegedly caused the injury of the plaintiff. The facts are odd. The plaintiff injured...
Recent New York Court of Appeals' Insurance Coverage Decision
Posted on May 05, 2008The New York Court of Appeals decided Worth Contr. Co. v. Admiral Ins. Co. last week. The issue on appeal addresses the interpretation of an additional insured endorsement, stating: The additional insured endorsement of the Farm Family/Pacific policy provides in...
Justice Scalia Interview
Posted on April 27, 2008In case you missed it earlier today, here is the Justice Scalia interview on 60 Minutes (Part I and Part II). Justice Scalia's new book (written with Bryan Garner), "Making Your Case: The Art of Persuading Judges" was featured in...
Quick Post About Admissibility of Accident Report
Posted on April 24, 2008Nunez v. Levy is an interesting Labor Law case that contains an issue regarding the admissibility of an accident report. The defendants attempted to preclude the admission of the post-accident report into evidence because, among other things, it addressed opinions...
Appellate Division, First Department Rejects Negligent Design Theory Regarding Cigarettes
Posted on April 22, 2008The Appellate Division, First Department's recent decision in Rose v. Brown & Williamson Tobacco Corp. is an important for New York's products liability jurisprudence. The plaintiffs' contention was that, during the years in question, the relevant tobacco companies should have...
New York Court of Appeals Will Hear Oral Argument In Yet Another No-Fault Appeal
Posted on April 17, 2008Surprisingly, the New York Court of Appeals has heard several appeals in the No-Fault Law context this Term. Next week, the Court will address another No-Fault appeal -- Fair Price Med. Supply Corp. v. Travelers Indem. Co. (Appellate Division, Second...
Form for Ex Parte Interviews of Treating Physicians
Posted on April 14, 2008The New York Court of Appeals' decision in Arons v. Jutkowitz and Kish v. Graham raised quite a stir. In Arons and Kish, the Court held that opposing counsel may conduct an ex parte interview of the adversary's treating physician...
New York Court of Appeals Will Hear Yet Another Scaffold Law Appeal
Posted on April 09, 2008The New York Court of Appeals will hear oral arguments in yet another Labor Law sec. 240(1) case this month -- Berg v. Albany Ladder Co. In Berg, the plaintiff was hurt during the course of unloading steel trusses from...
Appellate Division, First Department Determines Superintendent Is Not Protected Under Labor Law
Posted on April 04, 2008In Coombs v. Izzo Gen. Contr., the Appellate Division, First Department determined that the building's superintendent was not a protected person under Labor Law secs. 240(1) and 241(6). The building was undergoing demolition and construction. The Court noted that [the]...
Google's April Fools' Joke
Posted on April 02, 2008At least two webpages exposed me to Google's New Feature for Gmail entitled Gmail Custom Time. The feature allows you backdate current email to make it show up in the recipient's email inbox as if it were received on that...
Upcoming Golf Benefit for Family Counseling Services
Posted on April 02, 2008I wanted to call your attention to a golf benefit that is occurring on May 19, 2008 at the Westhampton Country Club. The benefit is for Family Counseling Services -- a licensed, non-profit, non-sectarian agency serving Eastern Long Island. FCS...
"New" Legal Search Engine
Posted on April 02, 2008While giving a presentation on legal research on the Web earlier this week, one of the presenters showed me this new legal search engine -- PreCYdent. It contains free access to federal and state case law and continues to accumulate...
New York Court of Appeals Decides on Summary Judgment Standard Regarding Products Liability Claim
Posted on April 01, 2008Earlier this month, the New York Court of Appeals vindicated Justice Perradotto's dissenting opinion in Ramos v. Howard Indus. Inc. In Ramos (COA opinion), the Court of Appeals addressed the novel issue concerning the burden a manufacturer has on summary...
New York Court of Appeals Hears Oral Argument on Additional Insured Provision
Posted on March 03, 2008Next week, the New York Court of Appeals will hear oral arguments in Worth Contr. Co. v. Admiral Ins. Co. The issue on appeal addresses the interpretation of an additional insured endorsement, stating: The additional insured endorsement of the Farm...
New York Court of Appeals Holds Consequential Damages May Be Covered in First-Party Action Against Insurer
Posted on February 22, 2008Were the New York Court of Appeals' decisions in Bi-Economy Market, Inc. v. Harleysville Ins. Co. of New York and Panasia Estates, Inc. v. Hudson Ins. Co. the bombshells that many thought they are? (see prior post on appeals here)....
New Certified Question Regarding Insurance Coverage
Posted on February 20, 2008The United States Circuit Court of Appeals for the Second Circuit in Briggs Ave. L.L.C. v. Ins. Corp. of Hanover recently certified the following question to the New York Court of Appeals: When an injured party begins its suit against...
Recent Appellate Division, First Department Decision Regarding Labor Law sec. 240(1)
Posted on February 13, 2008What happens when a ladder is inadequate for the task at one spot in the room, not because it is too short or lacked appropriate parts, but because when the ladder is placed in the only possible position at the...
New Poll Regarding Citation of Blog Post in Legal Document or Scholarly Article
Posted on February 11, 2008New York Civil Law's previous poll regarding the style of weblog posts was by no means a landslide. The poll asked: How much content do you like in a legal weblog post? 60% of those persons answering the poll stated,...
2007 Insurance Coverage Retrospective
Posted on February 10, 2008Lexis/Nexis' Insurance Law Center offers Randy Maniloff's commentary concerning the 10 most significant insurance law decisions in 2007.
Appellate Division, Second Department, Determines Transportation Equity Act of 2005 Is Constitutional
Posted on February 06, 2008In Graham v. Dunkley, Queens County, Supreme Court (Polizzi, J.), held that the Transportation Equity Act of 2005 was unconstitutional. The Act intends to preempt all state statutes to the extent that they hold those owners in the business of...
Appellate Division, Second Department Recent Reinstates Labor Law sec. 240(1) Claim -- New York's Scaffold Law
Posted on February 04, 2008The Appellate Division, Second Department recently snatched victory away from the defendants in Castillo v. 62-25 30th Ave. Realty. The Second Department reinstated the plaintiff's Labor Law sec. 240(1) claim after a jury verdict in the defendants' favor...
NASA, The Beatles, and You -- "Across the Universe"
Posted on February 03, 2008A bit off topic, but wanted to call your attention to this interesting news piece. For the first time ever, NASA will beam a song -- The Beatles' "Across the Universe" -- directly into deep space at 7 p.m. EST...
Tail Wagging the Dog? New York Court of Appeals Addresses Yet Another Dog Bite Case
Posted on January 29, 2008We all recently read the misadventures of Larry Bard and Fred the hornless dairy bull in Bard v. Jahnke. In Bard, the New York Court of Appeals followed the common law rule: the owner of a domestic animal who either...
New York Court of Appeals Will Examine Burdens in Products Liability Context
Posted on January 28, 2008During the February Session, the New York Court of Appeals will hear oral arguments in Ramos v. Howard Indus. Inc. -- a products liability case concerning an electrical transformer. The novel issue concerns the burden a manufacturer has on summary...
Free Webcast of New State Bar Association's Presidential Summit
Posted on January 27, 2008Through the efforts of the New York State Bar Association's Electronic Communications Task Force, the State Bar will be webcasting the Presidential Summit on January 30th at 2 PM. Here is the agenda (Download presidential_summit_agenda.pdf). If you can't be at...
Excellent Upcoming Appellate Advocacy Seminar
Posted on January 26, 2008I'd like to apprise you of an upcoming seminar an appellate advocacy. I do so not solely because I am a member of the committee sponsoring the seminar; my experiences attending past seminars make me confident to say that this...
New York Court of Appeals Will Resolve Conflict on Consequential Damages in Breach of Insurance Contract Context
Posted on January 24, 2008The New York Court of Appeals recently heard oral arguments on whether an insured may recover consequential damages in a breach of contract action against his or her insurer. The two appeals -- Bi-Economy Market, Inc. v. Harleysville Ins. Co....
New York Court of Appeals Hears Oral Arguments on Premises Liability - Affirmative Act of Negligence
Posted on January 22, 2008Most municipalities have a prior written notice requirement regarding defects in sidewalks and streets. However, an exception exists at common-law that prior written does not apply where the municipality's affirmative act created the hazard or defect...
New Blawg for Young Attorneys -- Learning to Litigate
Posted on January 21, 2008Advice for the Young Lawyer: Learning to Litigate is a new blawg on, what else, tips for the young litigation attorney. Frank Ramos writes substantive posts on such topics as deposition techniques, expert research, and tips on litigating certain types...
Posts Resume When My Home Computer Comes Back to Life
Posted on January 09, 2008What a way to start off 2008. Not even finished with the first month of 2008 and my posts have been lagging. Unfortunately, my home computer's OS completely quit on me and, therefore, I cannot analyze cases or post about...
New York Court of Appeals Recent Decision on Personal Jurisdiction
Posted on January 03, 2008In Fischbarg v. Doucet, the New York Court of Appeals augments its case law interpreting what constitutes the transaction of business in New York under CPLR 302(a)(1) for purposes of this state's long-arm jurisdiction statute. The crux of the decision...
Appellate Division, Third Department Recent Decision on Attorneys' Fees in No-Fault Context
Posted on January 02, 2008Within the No-Fault context, how should the arbitrator or court award counsel fees where a medical provider seeks reimbursement on multiple claims? Is counsel entitled to an attorney's fee in the amount of $60 or 20% of the amount of...
New Addition to New York's Blawgosphere -- Medical Devices: Law, Trends and Oddities
Posted on January 01, 2008New York Civil Law is delighted to start off its 2008 posts by announcing a new addition to New York's blawgosphere -- Medical Devices: Law, Trends and Oddities. This blawg is one of the first to concentrate solely on medical...
Happy New Year
Posted on December 31, 2007bouI want to wish everyone a very Happy and Safe New Year. Posts return tomorrow.
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
Divorce in the Philippines between a national and a foreigner?
first of all,eventhough divorce is not legal in the Phil,the fact that you are m...
My children's school is falsely charging me with truancy. The local district justice works for the school in the most blatently open way. And his wife works for the district, too! They have violated private health record
I am no lawer by any means, so I would love for someone to verify what I have to...
A New York City rental building is planning on being converted to condominium, but the units are not currently being sold and are only being offered as short term rental leases. If I move in now and take a short term lea
First, read the article in the New York Times Sunday Real Estate section from Ap...
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