Drivers Have Duty to Yield to Pedestrians in Cross Walks Despite Driver’s Green Light (NY)
In Perez v. Bobcar Media LLC and Benny M. Cohen, the Kings County Supreme Court of New York confirmed that a driver of a motor-vehicle has a statutory duty to use due care to avoid colliding with a pedestrian, including yielding to the right-of-way to pedestrians lawfully within a crosswalk despite a driver’s green light. Both parties following discovery moved for summary judgment: the...Read More
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NY Court Takes a Closer Look at Cause in Labor Law Ladder Fall
On April 28, 2022 the Court of Appeals decided on two impactful Labor Law 2401(1) ladder fall cases. In Cutaia v. The Board of Managers of the 160/170 Varick Street Condominium, plaintiff was rerouting pipes near an electrical wiring by using an A-frame ladder. He leaned the ladder against the wall in the closed position due to the limitations of the space. While working on the ladder he was...Read More
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US Supreme Court Ruling Lowers Bar For Arbitration Waivers (NY)
The Supreme Court of the United States recently ruled against an employer seeking to enforce an arbitration clause in the case of Morgan v. Sundance, Inc. Plaintiff Morgan worked at a Taco Bell franchise owned by defendant and signed an agreement to arbitrate any future employment disputes. However, she later filed a class action lawsuit against the defendant for alleged overtime violations....Read More
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Plaintiff Hurt In A Pickup Game Found To Have Assumed The Risk Of Injury (NY)
In Lungen v. Harbors Haverstraw Homeowners Assn., Inc., the New York Appellate Division, Second Department, addressed whether a plaintiff injured while playing in a basketball “pickup” game assumed the risk of his injuries. Plaintiff alleged to have fallen when he slipped on condensation on the floor of a gym. The defendants moved for summary judgment on the grounds that plaintiff had assumed...Read More
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New York Court Approves Service Of TRO Via Non-Fungible Token
With approval from the New York Supreme Court, Miami attorneys with Holland & Knight’s asset recovery team recently served a defendant with a temporary restraining order in the form of a non-fungible token (“NFT”). The underlying lawsuit is based on the unauthorized access to, and theft of, approximately $8 million worth of virtual assets on the Ethereum blockchain. The idea to serve the...Read More
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(Knock on Wood) — NY Courts Lift Facemask and 3-Foot Physical Distancing Requirements
Effective June 16, 2022, New York courthouse visitors, lawyers, judges, and staff will no longer be required to wear masks, with proof of vaccination, in light of receding COVID rates. Also being lifted in the courthouses is the three-foot physical distancing requirement. (The policy identifies a vaccination card or a New York State Excelsior Plus Vaccination Pass as proof of vaccination.)...Read More
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Defendant Slips On Storm In Progress Rule (NY)
In a recent case from the Second Department of the Appellant Division of New York, Fitzsimons v. N. Shore Univ. Hosp., the court affirmed an order granting summary judgment to a defendant parking garage owner on the basis of the storm in progress rule. The plaintiff in the case was walking to his car on the fourth floor of the defendant’s parking garage. After slipping and falling on ice, the...Read More
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Nazi Art Disputes Still Kicking 80 Years Later (NY)
In 2015, a suit known as Reif v. Nagy was filed in the Manhattan Supreme Court Commercial Division over the rightful ownership of two Egon Schiele paintings that were allegedly stolen by the Nazis. The suit commenced after the two paintings were spotted at a 2015 art show exhibit run by Richard Nagy, a London-based art dealer. The plaintiffs included the heirs of Fritz Grünbaum, a Jewish...Read More
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New Life For Failing To Waive Contractual Notice Requirement For Life Insurance Policy (NY)
On May 31, 2022, the Eastern District of New York issued a Memorandum & Order in Herman Brettler v. Allianz Life Insurance of North America. In 2016, Herman Brettler (“Herman”), as trustee of the Zupnick Family Trust 2008 (the “Trust”), commenced an action against Allianz Life Insurance Company of North America (“Allianz”), seeking a declaration that a life insurance policy issued by...Read More
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Demutualization In Compliance With NY Insurance Law §7307(e)(3): Is Employer Or Employee Entitled To Proceeds From Demutualization
Where an employer pays premiums to a mutual insurance company to obtain a policy for its employee, and the mutual insurance company subsequently demutualizes, who is entitled to the New York Insurance Law §7307(e)(3) proceeds from demutualization: the employer or employee? According to the New York Court of Appeals, the employee, as the policyholder, is often going to be entitled to the...Read More
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