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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

New York Court of Appeals Clarifies Outar v. City of New York -- Labor Law sec. 240(1)

Posted on September 14, 2008
Does 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, 2008
The 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, 2008
This 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...

New York Court of Appeals Will Address Labor Law sec. 240(1) Issue

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Follow-Up on the New York Court of Appeals' Orals Arguments Regarding Tyco International Ltd.

Posted on September 02, 2008
As 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, 2008
The 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, 2008
The 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, 2008
This 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, 2008
Practitioners 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, 2008
Saratoga 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, 2008
Who 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, 2008
As 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, 2008
Albany 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, 2008
I 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, 2008
The 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, 2008
I 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, 2008
As 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, 2008
Because 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.

Summer Posting

Insurance Coverage Opinion from Appellate Division, Third Department Raises Eyebrows

Posted on June 25, 2008
Back 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...

Insurance Coverage Opinion from Appellate Division, Third Department Raises Eyebrows

Historic Event -- New York State Bar Association's House of Delagates Meeting Webcasts Live

Posted on June 19, 2008
For 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, 2008
Chain-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, 2008
Chain-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, 2008
Earlier 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 Determines Another Labor Law sec. 240(1) Case

New York Court of Appeals Addresses Spectator's Assumption of Risk

Posted on June 09, 2008
In 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...

New York Court of Appeals Addresses Spectator's Assumption of Risk

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

Posted on June 02, 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...

Urban Justice Center's 22nd Beer, Blues and Barbecue Fundraiser

Posted on June 01, 2008
Nicole 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...

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