Tax-exempt religious organizations are known for keeping the details of their financial situation under tight wrap. This can make certain situations difficult, particularly during litigation when those details might be relevant to the subject issue. But what about in the context of a religious organization as an insured? How much information is enough, and how deep can an insurance company...Read More
On July 6, 2021, Connecticut Governor Ned Lamont signed into law a bill designed to incentivize Connecticut businesses to implement stronger cybersecurity practices to combat the rise in cyber and ransomware attacks. In doing so, the state becomes only one of three states, the others being Ohio and Utah, to adopt an incentive-based approach for businesses to improve cybersecurity best...Read More
Oftentimes we see a plaintiff complaining that harm recently suffered caused exacerbation or aggravation of a prior existing, symptomatic or asymptomatic, condition. Questions relating to the impact of such claims on past and future pain and suffering are left to a jury to decide. Given the subjective nature of such damages, as accustomed, we look to precedent for guidance and enlightenment on...Read More
In Robinson v. Hess Retail Stores, LLC ,the Appellate Division, Second Department addressed the Supreme Court’s denial of plaintiff’s summary judgment motion on the issue of liability.
Plaintiff alleged personal injuries when she tripped over a hole on the sidewalk abutting defendants’ premises. Plaintiff eventually moved for summary judgment contending the defendants were negligent in failing...Read More
Are mall security officers liable for injuries caused to patrons by mass panic such as a stampede, evacuations, or active shootings, pursuant to their duties to provide safety?
A New York Appellate Court , in Grogan v Roosevelt Field Mall, was recently met with this issue when a mall patron became injured at Roosevelt Field Mall during a false panic. In 2013, security guards at a Macy’s...Read More
In Goulet v Pier 2 Roller Ring at Brooklyn Bridge Park, the Appellate Division, Second Department addressed whether the defendant was entitled to summary judgment dismissing the plaintiff’s complaint.
Plaintiff alleged personal injuries when roller skating at a rink operated by defendant. At the time of the alleged fall, plaintiff was an experienced skater, and skating backwards when she...Read More
It would not be uncommon for any New Yorker on any given day to run into a bodega or small store for a random needed item. It would also not be uncommon for that bodega or small store to also house a family of people, usually the owner of the business itself. However, when operating a business in a space also used jointly for residential purposes, the waters become murky when it comes to...Read More
In Penaranda v. Tesoriero, the Appellate Division, Second Department addressed whether the defendant – Gringhaus was entitled to summary judgment dismissing the plaintiff’s complaint in a hit-in-the-rear motor vehicle accident.
Plaintiff alleged personal injuries in connection with a motor vehicle accident when the defendant – Tesoriero cross a double yellow line, entering the...Read More
What must a jury determine to award pain and suffering damages when a nursing home does not provide the proper standard of care?
In a recent New York Appellate Division decision by the First Department, a new trial was ordered for a claim seeking pain and suffering damages in which the Northern Manhattan Nursing Home Inc was accused of failing to properly monitor a patient’s blood sugar levels...Read More
The New York Supreme Court, Kings County has recently held that if a plaintiff is doing non-electrical work at a construction job site but touches live electrical wires and then falls from a height after being electrocuted, that plaintiff is not entitled to summary judgment pursuant to Labor Law 240(1).
In Synysta v. 450 Partners LLC, the plaintiff, a painter, was on a Baker’s scaffold and was...Read More