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

New Certified Question Regarding Insurance Coverage

Posted on February 20, 2008
The 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...

New Certified Question Regarding Insurance Coverage

Recent Appellate Division, First Department Decision Regarding Labor Law sec. 240(1)

Posted on February 13, 2008
What 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...

Recent Appellate Division, First Department Decision Regarding Labor Law sec. 240(1)

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New Poll Regarding Citation of Blog Post in Legal Document or Scholarly Article

Posted on February 11, 2008
New 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,...

New Poll Regarding Citation of Blog Post in Legal Document or Scholarly Article

2007 Insurance Coverage Retrospective

Posted on February 10, 2008
Lexis/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, 2008
In 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, 2008
The 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, 2008
A 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, 2008
We 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, 2008
During 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, 2008
Through 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, 2008
I'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, 2008
The 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, 2008
Most 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, 2008
Advice 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, 2008
What 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, 2008
In 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, 2008
Within 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, 2008
New 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, 2007
bouI want to wish everyone a very Happy and Safe New Year. Posts return tomorrow.

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