New York

Who Is Considered A Vehicle Owner Under New York Vehicle And Traffic Law §388? (NY)

In Walker v. Town of Webster, the Appellate Division, Fourth Department addressed whether a former vehicle owner was considered an owner for the purposes of liability under Vehicle and Traffic Law §388. Plaintiff in that case allegedly sustained personal injuries when he was struck by a vehicle operated by defendant Buck. However, plaintiff also sued defendant Osborn, who had transferred...Read More

Safety Devices And Proving Labor Law §240(1) Claims (NY)

I have fallen and can’t get up! Now what? When a plaintiff brings a Labor Law §240(1) claim for injuries sustained from falling through an unprotected opening, he or she must prove that they were exposed to an elevated related risk during construction and must present evidence as to which specific and identifiable safety device would have prevented the fall. Labor Law §240(1) imposes a...Read More

Fine Art Buyer’s Identity Is Relevant In Conversion Action Against Art Gallery (NY)

In Hicks v. Leslie Feely Fine Art LLC, abstract painter Marianne Hicks (“Hicks”) sued a New York City art gallery (the “Gallery”) and an unknown buyer named as a John Doe defendant, for conversion of a painting sold to the buyer as one by the renowned artist Friedel Dzubas (“Dzubas”). Hicks alleged that she is the true painter and sought replevin of the painting from the buyer. Hicks claimed...Read More

Google Maps Admitted Into Evidence To Challenge Service Of Process (NY)

Google Maps is often used to get an idea of what a particular piece of property looks like or, for more utility, to gauge the distance between two locations. With respect to the latter, the Civil Court of the City of New York, Bronx County recently took judicial notice, over objection, of information contained in two Google Maps printouts submitted as evidence in a traverse hearing. In 2437...Read More

Turning Lemonade Into Lemons (NY)

In a recently filed Southern District of New York case, Mark Pruden v. Lemonade Inc. et al., Lemonade Insurance Agency faces a class action suit over their collection and use of customers’ biometric data without proper authorization. The complaint alleges that Lemonade, despite expressly assuring customers that it would not collect, store, analyze, or otherwise use biometric data, did in fact...Read More

NJ Dram Shop Act Is The Exclusive Remedy For Persons Injured As A Result Of The Negligent Provision Of Alcoholic Beverages (NJ)

New Jersey’s Dram Shop Law expressly states that it is the exclusive remedy for any person injured as a result of the allegedly negligently provision of alcohol to another person.  Despite this express statement of law, the plaintiff in Flowers v. Crossed Key Inn, attempted to sue a bar for providing alcohol to its bartender after the bartender had finished her shift.  Specifically, the...Read More

A Coworker Is Not A “Safety Device” Contemplated By NY Law (NY)

Noel Castillo v. TRM Contracting 626, LLC, No. 23185/2019 (Bx. Cnty. Sup. Ct. Aug. 18, 2021) is a personal injury action, wherein plaintiff allegedly sustained damages at a construction site.  The instant decision resolved plaintiff’s summary judgment motion on his Labor Law § 240(1) claim. On the day of plaintiff’s accident, he was tasked with taping plastic over windows in preparation of...Read More

Time is Not On Your Side: US Southern District of New York Dismisses Insurance Class Action Suit Against Insurers On Statute Of Limitations Grounds

Plaintiff insureds brought a putative class action suit for violations of New York General Business Law (GBL), fraud, and breach of contract claims. Plaintiffs allege that in 2000 defendant sold accident disability and medical expense insurance products in violation of New York Insurance Law in that they were on not approved, that the insurance provided illusory coverage, and that the...Read More

NY Supreme Court Dismisses Policyholder Suit As Being Untimely

In the recent case Farage v. Associated Insurance Management Corp., the New York County Supreme Court considered a policyholder’s fire insurance claim for a multiunit rental property in Staten Island.  The policyholder brought suit in August 2020, 6 years from the day the property suffered a major fire loss which cost approximately $1.3 million dollars to restore.  The policyholder did not...Read More

Game, Set, Match: Plaintiff Tripping On Tennis Court Has No Claim Under Primary Assumption of Risk Doctrine (NY)

In Schwartz v. Ramapo, 2021 NY Slip Op 04773 (2d Dept. 2021), a plaintiff was playing tennis when she suffered injuries after tripping on a raised sprinkler head in between two tennis courts owned and operated by the Town of Ramapo.  The Rockland County Supreme Court Judge dismissed the Ramapo defendants’ under the doctrine of primary assumption of risk. “Pursuant to the doctrine of primary...Read More