Jerry Seinfeld was just involved in a trademark lawsuit stemming from his Netflix series, “Comedians in Cars Getting Coffee,” which is pretty funny, and I’m sure Jerry would concede, a fairly transparent excuse for Jerry to hang out with his comic buddies and drive around in fancy cars. I mean, that’s basically the title of the show. Not a bad day’s work....Read More
In Florida, plaintiffs often ask the state court to grant leave to amend to assert an insurance bad faith claim upon successful conclusion of their breach of policy claim against an insurer. More often than not, the case is more than one-year old when the amendment is made.
Under federal diversity of jurisdiction rules, a citizen of one state, who is sued by a citizen of another state in state...Read More
In Apollo 1969 At Lloyds’s a/s/o Storage Development Inc. d/b/a Guardian Self-Storage v. Scalo Companies d/b/a Burns & Scalo Roofing, the United States District Court for the Western District of Pennsylvania ruled that a contractual arbitration clause was binding and enforceable where all parties involved had more than enough opportunities to review the contract and raise objections to its...Read More
In September of 2021, we reported on an Appellate Division’s decision in Jeter v. Sam’s Club where the Court found that New Jersey’s “mode of operation” rule did not apply to spilled grapes in a closed plastic container in a Sam’s club. Jeter v. Sam’s Club, 2021 WL 1961122 (App. Div. 2021). The plaintiff in Jeter appealed and were heard by the Supreme Court. The Supreme Court affirmed in a 4-2...Read More
The Supreme Court of New York, Niagara County, recently rejected an attempt by a property insurer to rely on an exclusion not included in New York’s standard fire policy. In Niagara BYG Capital, LLC v. Leatherstocking Coop. Ins. Co., the plaintiff property owner hired a company to manage and renovate a multi-family home. The property manager hired several workers to perform certain work at the...Read More
New York General Obligations Law Section 5-321 provides that every agreement in connection with the lease of real property exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor in the operation or maintenance of the real property shall be deemed void as against public policy. In other words, a tenant cannot...Read More
On January 26, 2022, the New York Appellate Division, Second Department in Santiago v. Post Road Associates LLC, 201 A.D.3d 980 (2022) found, among other things, that an out-of-possession landlord did not owe a duty of care to a plaintiff who alleged a trip and fall on a metal bracket that was lying on an interior staircase at her place of employment.
The plaintiff’s employer, White Plains...Read More
We have previously reported on the importance of good record keeping to help preserve a potential notice defense in New York premises liability cases. In Buffalino v. XSport Fitness, the Appellate Division, Second Department recently addressed these issues in a case in which the plaintiff was injured when the arm and foot pedal of an elliptical machine she was using came loose. She alleged...Read More