Author: Suzan Cherichetti

Property Owner Is At The Root Of The Problem, Not the City of New York

We present a case this week highlighting the liability of sidewalk maintenance between the City of New York and an abutting property owner. In Konstantinos Gallis v. 23-21 33 Rd., LLC, 2021 NY Slip Op 05549 (2d Dept. 2021), the plaintiff claimed personal injury after he tripped and fell on a raised part of sidewalk. The location of the fall was next to a tree owned by the City of New York....Read More

Court Upholds Abandoned Vehicle Court (PA)

In Nothstein v. Cochran, the Court of Common Pleas ruled in favor of the defendant tow truck company after following the proper procedure to obtain title for the Plaintiff’s abandoned vehicles. Plaintiffs in this case left their vehicles in a parking lot owned by a third party. The defendant towed the plaintiffs’ cars from the lot and stored the vehicles in their own impound lot. Defendants...Read More

Anchor Down!– First Circuit Court Of Appeals Affirms Insurer’s Rights To A Truthful And Complete Policy Application

Honesty is the best (insurance) policy. In QBE Seguros v. Morales-Vázquez, an insurer petitioned the First Circuit to uphold the doctrine of uberrimae fidei an entrenched principle of maritime law that imposes a duty of “utmost good faith” on the parties to marine insurance contracts. The defendant, Carlos Morales-Vazquez, found himself on rough seas after he failed to disclose that he had...Read More

The First Department Wants You To Think Twice Before Hitting Send (NY)

Reaching a settlement via email is easier than you think, so be careful. In a recent decision by New York’s First Department, an email reflecting an agreement between attorneys is sufficiently subscribed for purposes of CPLR §2104 even where the attorney does not retype their name above the signature block. In Philadelphia Insurance Indemnity Company v. Kendall, 197 A.D.3d 75 (1st Dep’t 2021),...Read More

Should Attorneys Cross Examine Their Own Clients At Deposition? (NY)

While probably not a tool used, even considered, nearly enough, a lawyer questioning his or her client during a deposition can be a great way to clarify facts and set things up for anticipated motion practice. The words from the 1973 song Ooh La La by Faces seem appropriate, “I wish that I knew what I know now…” when my client was deposed. Rule 3113 of the CPLR frames the complete context of a...Read More

Look Out Below–How Much Height Differential Is Required For A Falling Object Claim Under Labor Law 240(1)? (NY)

When a lawsuit alleges that a plaintiff’s injuries are caused by an object falling from the same relative height as plaintiff, does the claim satisfy the elevation hazard requirements of Labor Law §240(1)? Liability under Labor Law §240(1) does not automatically apply just because an object fell and injured a worker. The law requires that a plaintiff prove that at the time the object fell, it...Read More

Burden Of Proof To Dispute Consent Under New York Vehicle And Traffic Law §388 (NY)

In Johari v. Patel, the Supreme Court, Kings County recently addressed whether a vehicle owner was entitled to summary judgment on the issue of whether the co-defendant driver was operating a vehicle without the owner’s consent. Plaintiff was a passenger in the vehicle and allegedly sustained injuries in a car accident. Plaintiff sued both drivers involved in the accident and the owner of the...Read More

If You Make Something, Can You Destroy It?–Visual Artists’ Exclusive Right To Destroy (or Preserve) Their Works (NY)

Generally, when you buy a product, you can do what you want with it. But if you buy a work of art, your rights in respect of that work may be limited. For hundreds of years, the French legal system has recognized artists’ “moral rights,” or “le droit moral.” The concept of moral rights protects the personal, artistic, and reputational value of a work, rather than its purely monetary value, for...Read More

COVID Chaos – New York Court Finds No Coverage for Pandemic Losses

It would be near impossible to encounter someone who has not been affected in some way by the COVID-19 pandemic. The same proves true for insurance companies and courts across the nation have begun to address the issue of insurance coverage for pandemic-related losses. In Visconti Bus Serv., LLC v. Utica Natl. Ins. Group, 2021 NY Slip Op 21027 (Feb. 12, 2021), the New York Supreme Court,...Read More

Heads up! NJ Appellate Division Holds That An Injured Plaintiff Need Not Establish Reckless Conduct On The Part Of Her Field Hockey Coach (NJ)

A recent decision from the New Jersey Appellate Division held that a student-athlete does not have to prove reckless conduct on the part of her coach to sue the coach and the board of education. See Dennehy v. East Windsor Regional Board of Education. In this instant case, the girls’ field hockey team were performing corner drills while the other members of the team were observing the drills...Read More