New York

NY Court Of Appeals Hints That “But Everyone Was Doing It” May Rebut Labor Law Defense of Sole Proximate Cause (NY)

In Biaca-Neto v. Boston Rd II Hous Dev Fund Corp.,the New York Court of Appeals’ recent ruling offers some insight into how courts will rule regarding sole proximate cause defenses in New York Labor Law cases. Under section 240(1) of the New York Labor Law, construction workers who are injured at job sites can recover if the injury is the direct consequence of a failure to provide adequate...Read More

No Mall Respondeat Superior (NY)

The distinctions between independent contractors and employees can determine liability in many circumstances. Here, we have an appellate decision that found that defendants were not liable for any of plaintiff’s injuries on that distinction. In Athenas v. Simon Prop. Group, LP, plaintiff slipped and fell on floor cleaner in the interior common area of a Long Island mall, in front of a Cohen’s...Read More

Amazon Tries to Dodge Federal Suit (NY)

A complaint filed in the U.S. District Court for the Eastern District of New York on behalf of six plaintiffs alleges that Amazon failed to keep its JFK8 warehouse in Staten Island safe during the COVID-19 pandemic. The group of plaintiffs specifically allege that Amazon failed to comply with New York law and state and federal public health guidance during COVID-19 pandemic. The complaint...Read More

Painful Verdict for Pain and Suffering (NY)

The Bronx has a reputation for plaintiff-friendly verdicts, and the case of Cabrera v Port Auth. of N.Y. N.J. (2020 NY Slip Op 03993) did not disappoint. Plaintiff, an employee at a Dunkin Donuts franchise at LaGuardia Airport, was involved in an accident with a salt spreading truck in the parking lot during a snowfall. After a jury trial, she was awarded future damages for only a period of...Read More

Fore! Was the Swing Foreseeable? (NY)

In Carpaneto v. Middle Bay Golf Club, the Appellate Division, Second Department addressed whether the defendant, Middle Bay Golf Club, satisfied its duty of supervision over the children it was charged with training. Plaintiff, seven years old, participated in Junior Golf Day at the defendant’s club. Plaintiff was part of a group of children at the club’s chipping station where there were two...Read More

Plaintiff Cries Foul Over Wet Basketball Court (NY)

In Asprou v. Hellenic Orthodox Community of Astoria, the plaintiff was injured when he slipped and fell on water leaking from the roof of the defendants’ gymnasium while playing basketball at the defendants’ school. The school moved for summary judgment seeking to dismiss the complaint by arguing that the school did not create the dangerous condition or have actual or constructive...Read More

Question of “Grave Injury” Resolved By Court on Summary Judgment (NY)

Judge Gerald Lebovits, New York County Supreme Court, recently ruled in favor of plaintiff-insurer Utica Mutual on its motion for summary judgment that its policy was not triggered, finding the policy exclusion for liability assumed in a contract to be unambiguously applicable to claims for contractual indemnification in the underlying lawsuit, but also that the underlying plaintiff could not...Read More

Appellate Division, Second Department Affirms Labor Law Summary Judgment Win in WCM Case (NY)

The plaintiff claims that he fell from a third or fourth floor balcony while doing exterior restoration work. Specifically, he testified that he was standing on a Bakers scaffold on the balcony and was wearing a harness that was hooked to a safety cable attached to the building’s façade when the scaffold wobbled causing him to fall off the balcony and to the ground below because the hook came...Read More

Keep Your Hands to Yourself (NY)

This case should serve as a cautionary tale to manufacturers or business owners who choose to modify machinery. In Mercedes v. 248 JD Food Corp. et al, (2020 NY Slip Op 03592), plaintiff was a butcher at a Bravo Supermarket in the Bronx who had a work-related accident involving a meat grinder. As he was cleaning the hopper , the mixing paddles suddenly started rotating, causing serious injury...Read More

To Cover Or Not To Cover – That Is The Question (NY)

Many insurers are now receiving claims for damaged or lost property due to the protests in major cities across the United States, and are probably wondering whether their policy covers such loss or damage during this period of unrest. In short, it’s tricky. Of course, the answer depends on the language of the specific policy and the circumstances concerning the claimed loss or damage. But...Read More