Lack of Constructive Notice Requires Constructive Evidence
The second judicial department recently reaffirmed its standing on the “lack of constructive notice” defense in a snow and ice slip and fall that happened on New York City subway stairs in 2018. Often used as a defense in premises liability cases, the defense of constructive notice is widely used by defendants to show that they lacked the type of notice that would make them liable for the...Read More
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No Premises Liability for Third-Party Criminal Activity Without Notice or Control (NY)
New York property owners generally have a common law duty to protect those lawfully on their premises from foreseeable criminal acts committed by third parties, including tenants and their guests. However, this duty is not absolute, and issues of notice and control can govern the outcome of such claims under New York law. The Appellate Division, Second Department addressed these issues and...Read More
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The Language of the Industrial Code is Important in Determining Liability Under New York Labor Law §241(6)
New York Labor Law 241(6) imposes a non-delegable duty on property owners and contractors to provide reasonable and adequate protection to those performing work on the property and to comply with specific safety rules. The language of those rules can be critical in determining whether a defendant violated this Labor Law section. For example, in Dyszkiewicz v. City of New York, plaintiff was...Read More
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Balcony Collapse Coverage Suit Gets Second Chance Where Additional Insured Coverage is Found to be Ambiguous
In Westminster American Insurance Company v. Security National Insurance Company, the Third Circuit recently reversed a decision of the United States District Court for the Eastern District of Pennsylvania which held that an Employer’s Liability Exclusion (“ELE”) in a contractor’s policy precludes coverage for claims arising from a balcony collapse at a Philadelphia apartment building. The...Read More
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Puppy Play Not Foul Play (NY)
Recently, the Appellate Division, Second Department affirmed the Supreme Court’s award of summary judgment dismissing a personal injury action in which the defendant allegedly failed to keep his dog under control and, being aware of the dog’s aggressive propensity, failed to take protective measures. In Murga v. Yarusso, plaintiff testified that while out for a walk, a dog ran into the street...Read More
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New Jersey Ongoing Storm Rule Applies to Commercial Private Property
In Pareja v. Princeton Int’l Prop., 246 N.J. 546 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm Rule” which holds that a commercial landowner does not have a duty to remove snow or ice from public walkways until a reasonable time after cessation of the precipitation. The Supreme Court created two exceptions to the rule: (1) where a commercial landowner creates an “unusual...Read More
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U.S. Supreme Court Re-Writes the Rules of Personal Jurisdiction in Mallory v. Norfolk Southern Railway Co.
Perhaps overshadowed by landmark opinions in other areas, the U.S. Supreme Court’s recent 5-4 decision concerning personal jurisdiction in Mallory v. Norfolk may dramatically impact the nature of civil litigation against out-of-state defendants across the nation. Personal jurisdiction refers to a court’s power to hear a claim against a certain entity. Generally, plaintiffs in civil claims...Read More
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Toddler On Tricycle At Fault For Car Collision (NY)
It’s important to learn the rules of the road as early as you can; this apparently includes kids on bikes. Specifically, this case warns that if you do not teach toddlers the rules of the road you might be at fault for being hit by a car. In a recent decision in the case A.B. v. Stephanie A. Waring, Index No. 715613/18, the Second Department ruled that the defendants were not liable for...Read More
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