New York

To Avoid Further Litigation On “Settled” Matters, It Is Essential That A Settlement Agreement Does Not Leave Loose Ends

Settlement agreements typically signify the end of a legal dispute. However, to avoid a headache and potential for further litigation on “settled” matters, it is essential that the settlement agreement does not leave any loose ends. In Cincinnati Insurance Company v. Acadia Insurance Company, 2021 WL 6071718 (4th Dep’t 2021), a woman fell on property owned by 60 LBC, insured by Plaintiff...Read More

Denial Of Summary Judgment Reversed In Trip & Fall Due To “Insignificant” Discrepancy In Height Defect (NY)

In Dingman v. Linchris Hotel Corp., NY Slip Op 00168 (2d Dept. 2022), a plaintiff sustained injury in a trip and fall in a hotel lobby undergoing construction where the lobby floor was being re-tiled. Some parts had new tile, while others had no tile at all, exposing the cement floor. Plaintiff tripped on the difference in elevation from the new tiles and the lobby floor, which the hotel...Read More

New NY Insurance Disclosure Obligations Effective December 31, 2021 (NY)

On December 31, 2021, New York State Governor signed into law a new act implementing much more rigorous insurance disclosure obligations than previously existed. While defendants in New York have always been required to disclose applicable insurance policies and coverage limits, defense attorneys had some flexibility as to the timing of such disclosures. Unless plaintiffs attorneys pressed the...Read More

Art Gallery’s Covid-Related Losses Are Not Covered By Insurance Policy

In 10012 Holdings, Inc., d/b/a Guy Hepner v. Sentinel Insurance Company, LTD., the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision to dismiss plaintiff’s claim for failure to state a proper basis for relief. Guy Hepner, a New York City-based fine arts gallery displaying the works of Andy Warhol, Pablo Picasso, and many others, filed suit against its...Read More

New York Federal Court Finds that Business Pursuits and Rental Exclusions Preclude Coverage for Bodily Injury Claims Against a Multi-Family Investment Property Owner (NY)

In MIC General Insurance Corp. v. Cabrera, 20 Civ. 4855, 2021 WL 5909975 (S.D.N.Y. Dec. 10, 2021), the Southern District of New York recently awarded summary judgment to an insurer based upon several exclusions in a policy issued to the owner of an investment property. The owner rented the two-family home to a total of twenty people and his tax returns reflected substantial income and tax...Read More

Volunteer or Employee: Who Is Protected by New York Labor Law? (NY)

To fall under the class of those protected by the New York Labor Law, a plaintiff must establish that he or she was permitted or “suffered” to work on a building or structure and that they were hired by the owner, contractor, or their agent. Volunteers are generally not entitled to Labor Law protection but what is the difference between an employee and volunteer under the statute? In Garcia v....Read More

When Does the Homeowner’s Exemption Apply in a Labor Law Case? (NY)

In Capuzzi v. Fuller, 2021 NY Slip Op 07335 (3d Dep’t, December 23, 2021), the Third Department recently addressed whether a homeowner was entitled to the homeowner’s exemption in a New York Labor Law lawsuit. Plaintiff in that case alleged that he was hired to perform construction at defendant’s home and sustained injuries in a fall while installing floor joists. Plaintiff sued the homeowner...Read More

Of New York Choice-of-Law and Forum Selection Clauses: New York Appellate Division Holds That Sophisticated Parties Should Read State Laws (NY)

In North Am. Elite Ins. Co. v. Space Needle, Inc., Case No. 2021-01400, 2021 WL 5702283 (N.Y. App. Div. 1st Dep’t Dec. 2, 2021), a five-judge panel unanimously affirmed an Order of the Supreme Court, New York County, denying North American Elite Insurance Company’s (“Elite”) preliminary injunction against litigating its insurance coverage action in a forum outside of New York––even though both...Read More

A Policyholder Involved In Numerous Lawsuits On Same Subject Matter Can Be Precluded If Default Judgment Is Entered In One Of The Actions Under The Doctrine Of Res Judicata (NY)

Default judgment entered against an insured in one action can impact affirmative litigation by that insured in other lawsuits it they address the same subject matter. In Columbus Imaging Center v. Country Wide Insurance Company, 2021 WL 4127246 (Civil Ct., Queens County 2021) (“Civil Court Action”), Plaintiff (“Columbus Imaging”) sued Insurance Company (“Country Wide”) to recover unpaid first...Read More

Issues Of Fact Paint Defendants Into A Corner Under Labor Law §241(6) (NY)

Recently, New Yorks’ Second Department analyzed the homeowner’s exemption under Labor Law §241(6).  In Venter v. Cherkasky, plaintiff was a painter employed with a company hired by the defendant homeowners to paint and re-finish kitchen cabinets and a kitchen island in their home. In an unusual accident, the painter was injured when an electrical explosion occurred on the kitchen island as he...Read More