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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, First Department Addresses Falling Object Issue: Labor Law sec. 240(1)

Posted on June 01, 2008
The 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, 2008
The 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, 2008
Did 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, 2008
Did 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...

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New Visual Search Engine In Beta

Posted on May 22, 2008
I 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, 2008
I 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, 2008
What 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, 2008
What 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, 2008
New 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, 2008
Since 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 New York Insurance Coverage Blawg -- Coverage Counsel

New Legal Resource -- Alltop's Law Aggregation

Posted on May 08, 2008
Alltop 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, 2008
The 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, 2008
The 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, 2008
The 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, 2008
In 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, 2008
Nunez 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, 2008
The 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, 2008
Surprisingly, 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, 2008
The 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, 2008
The 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, 2008
In 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, 2008
At 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, 2008
I 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, 2008
While 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, 2008
Earlier 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, 2008
Next 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 Hears Oral Argument on Additional Insured Provision

New York Court of Appeals Holds Consequential Damages May Be Covered in First-Party Action Against Insurer

Posted on February 22, 2008
Were 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 York Court of Appeals Holds Consequential Damages May Be Covered in First-Party Action Against Insurer

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