News & Of Interest

Duty to Defend Triggered with a “reasonable possibility” of Coverage (NY)

The Appellate Division (4th Dep’t) recently determined that even where a complaint does not include specific claims or allegations bringing it within the scope of a policy’s coverage, an insurer’s duty to defend may still be triggered if the complaint suggests a “reasonable possibility” that the claims may fall within the scope of the policy.  In Main St. Am. Assurance Co. v. Merchants Mut....Read More

NY Appellate Court Affirms “Reasonably Safe” Requirement of Property Owner in Dismissal of Premises Case

In Shuttleworth v. Saint Margaret’s R.C. Church in Middle Village, 2022 NY Slip Op 05730, (2nd Dept. 2022), plaintiff slipped and fell on a metal drainage grating while it was raining. The defendant property owner moved for summary judgment arguing that the condition was not defective at the time of the incident. The trial court denied defendant’s motion but the Second Department...Read More

WCM Achieves Defense Verdict and Favorable Verdict in Harrisburg, PA Jury Trial

WCM Partner Bob Cosgrove obtained a defense verdict and favorable verdict in a four day jury trial in Harrisburg, PA.  In the case of Joel and Barbara Turk v. Susquehanna Township EMS and Beth Miles, Joel Turk, a dentist, was being transported to the hospital by Susquehanna Township EMS and its EMT Beth Miles.  During the course of the transport, Beth Miles lost control of the ambulance and...Read More

Not So Fast: The Importance Of Checking Your Evidence (NY)

There is nothing worse for a litigator than having evidence that you think will guarantee success for your client …only to discover that it isn’t actually helpful. In the recent case of Cheese v. Ferguson, the defendant faced this avoidable problem. In that case, plaintiff and defendant were involved in a car accident on the Long Island Expressway. The Defendant moved for summary judgement...Read More

Copy-cat or Compliment? Collage Artist Sues Fellow Artist and Gallerist For Copying Her Artistic Style (NY)

American collage artist Deborah Roberts recently filed suit against artist Lynthia Edwards, gallerist Richard Beavers, and the Richard Beavers gallery for copyright infringement. Roberts is a well-recognized visual artist, holding collections in the Whitney Museum, Los Angeles County Museum of Art, and several other galleries. The complaint was filed in the United States District Court for...Read More

Routine Security Sweeps Can Create An Issue Of Fact In Premises Liability Cases (NY)

In New York, landowners and business owners have a duty to maintain their properties in a reasonably safe condition. In seeking summary judgment in a premises liability case, they have the initial burden of establishing that they did not create or have actual or constructive notice of a dangerous condition on the premises. In Andrews v. JCP Groceries, Inc., the Appellate Division, Fourth...Read More

Reasonable Excuse And Meritorious Defense Lead To Vacation Of Default Judgment (NY)

When a plaintiff obtains a default judgment against a defendant in New York, the fight does not end there. While the discretion ultimately remains with the court, a default judgment may be vacated when the defendant can establish a reasonable excuse along with a meritorious defense, pursuant to CPLR §5015(a)(1). In Damsky v. Williams, the Appellate Division, Second Department, recently...Read More

New York Appellate Court Emphasizes The Importance Of Timely Settlement Payments

In New York, when an action to recover damages is settled, the settling defendant has twenty-one (21) days after tender of the required documents to pay all sums to the settling plaintiff. CPLR 5003-a. If the settling defendant fails to do so, then the plaintiff is authorized to enter a judgement “for the amount set forth in the release, together with costs and lawful disbursements, and...Read More