New York

Buckle Up! New York Now Requires All Passengers 16 and Up To Wear Seat Belts

NEW YORK’S NEW SEAT-BELT LAW REQUIRING ALL OCCUPANTS INSIDE A MOTOR-VEHICLE TO BUCKLE UP TAKES EFFECT ON NOVEMBER 1, 2020 https://nypost.com/2020/08/11/new-york-will-now-require-seat-belts-for-all-car-occupants/ On November 1, 2020, New York will become the 30th state to require all occupants inside a vehicle over the age of sixteen to wear seatbelts. The new law will now make it mandatory for...Read More

Contractual Tort Claim Is Anything But “Spot On” (NY)

This week we present an interesting ruling from the Second Department in New York on contractual liability to a third-party. In Qoku  v 42nd St. Dev. Project, Inc., 2020 NY Slip Op 05543, the plaintiff slipped and fell on an oil spot on the floor of a loading dock and sued the defendant-janitorial company claiming negligence pursuant to its contractual obligations with a non-party. Normally, a...Read More

Tall Objects Don’t Mean 240 Protection (NY)

In Lemus v. New York B Realty Corp, the Appellate Division, Second Department reaffirmed that a plaintiff is not entitled to judgment as matter of law under Labor Law §240(1) simply because the plaintiff’s accident occurs as a result of working with a large and/or tall object. In this matter, the plaintiff demonstrated that he was employed as a worker on a construction site and was directed to...Read More

Frequent Elevator Misalignment Creates Issues of Fact (NY)

In Napolitano v. Jackson “78” Condominium, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment when plaintiff tripped while stepping into an elevator owned and/or managed by the defendants.  The Supreme Court granted the defendants motions for summary judgment to dismiss the complaint insofar as asserted against them....Read More

A Good Walk Gone Bad: Golfer’s Claim Against Golf Course Dismissed (NY)

In Conrad v. Holiday Valley Inc., plaintiff slipped and fell on a stairway landing while playing golf at defendants’ golf course. He ascended a stairway used to access the tee box on the twelfth hole and then took a measurement from the tee box using his range finder. When he went to return to his golf cart, he stepped onto the landing at the top of the stairway, slipped on a wooden...Read More

New York Court Analyzes Additional Insured Coverage (NY)

In a recent case decided by the New York Supreme Court, an insurer sought summary judgment on its action seeking defense and indemnity from another insurer. The Court rejected the insurer’s summary judgment motion, holding coverage for additional insureds is limited to situations where the insured is the proximate cause of the injury. The Court found “liability exists precisely where there is...Read More

Extrinsic Evidence Bounces Back: Exception to Four Corners Rule Found in Trampoline Case (NY)

In Philadelphia Indem. v. Streb, the Southern District of New York explored an emerging exception to New York’s four corners rule, which restricts the use of extrinsic evidence outside of the complaint when determining coverage. The court ruled that although the facts triggering a policy exclusion for trampoline use were not included in the complaint, the exclusion should still apply since the...Read More

Default is not a Total Loss (NY)

In a personal injury action, plaintiff Castaldini claims personal injury when a propane tank exploded at the home of defendant Walsh. Upon defendant’s failure to answer, plaintiff’s motion to enter default judgment was granted by the trial court, and the case was sent to inquest for a trial on damages. At the inquest trial, plaintiff testified as to his injury and submitted a written sworn...Read More

Disrupting New York’s Labor Law (NY)

Labor Law 240, often referred to as the Scaffold Law, was passed in 1885 to enforce various safety protocols to prevent slips and falls for construction workers working at heights. Court rulings interpreting the Scaffold Law imposed little responsibility on injured employees, making it difficult for employers to cite comparative negligence to avoid liability. The Scaffold law, which creates an...Read More

Outstanding Discovery Not Enough To Stop A Partial Summary Judgment Finding (NY)

In Mallory v. City of New York , et al., the Supreme Court, New York County, found that outstanding discovery is not a barrier to partial summary judgment. In Mallory, the plaintiff filed a lawsuit seeking damages for injuries sustained in a motor vehicle accident. The plaintiff moved for partial summary judgment on liability, arguing that the defendants could not provide a non-negligent...Read More