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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

Appellate Division, Third Department Addresses Juror Confusion

Posted on November 22, 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 Affirms Rejection of Creative Rear-End Defense

Posted on October 26, 2009
In 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 12, 2009
The 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...

Appellate Division, First Department Addresses Confidential Settlement Agreement Issue

Posted on October 11, 2009
The 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...

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New York Court of Appeals' Hears Oral Argument on Scaffold Law This Session

Posted on October 06, 2009
New 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, 2009
The 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, 2009
Today, 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, 2009
Let 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, 2009
What 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, 2009
In 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, 2009
The 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...

Decision on "Additional Insured" Coverage Will Reach New York Court of Appeals

Appellate Division, First Department Labor Law Decision to Watch

Posted on September 08, 2009
In 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, 2009
On 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, 2009
Butler 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, 2009
As 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, 2009
In 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, 2009
On 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, 2009
On 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, 2009
The 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, 2009
My 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, 2009
Next 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, 2009

Appellate Division, Third Department Applies Arons v. Jutkowitz and Grants New Trial

Posted on January 25, 2009
The 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, 2009
What'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, 2009
Last 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, 2009
Last 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, 2009
Watch 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....

Webcast of New York Governor's Nomination of Justice Lippman to Chief Judge of the New York Court of Appeals

Reports State New York State Governor Will Nominate Justice Jonathan Lippman Tomorrow

Posted on January 13, 2009
Certain 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...

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