In Weisbrod-Moore v. Cayuga County, on May 5, 2023, the Appellate Division, Fourth Department, reversed the trial court’s denial of the county’s pre-answer motion to dismiss an action brought pursuant to the Child Victims...more
As of January 30, 2023, Governor Hochul vetoed the New York State Grieving Families Act, which would have overturned century-old law that bars plaintiffs in wrongful death suits from recovering damages to compensate them for...more
It has long been the rule in New York State that in order to hold a municipality responsible for injuries that arise from its performance of a governmental function, a plaintiff had to establish the municipality owed to him...more
In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more
In Luzuriaga v. FDR Servs. Corp., 2020 NY Slip Op 07185 (2d. Dep’t 2020), the Appellate Division, Second Department of the New York State Supreme Court recently affirmed a lower decision to grant a defendant’s request for an...more
The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more
5/22/2019
/ Appeals ,
Bridges ,
Car Accident ,
Design Defects ,
Engineering ,
Governmental Immunity ,
Immunity ,
Infrastructure ,
Municipalities ,
Public Projects ,
Qualified Immunity ,
Roads ,
Summary Judgment
On June 12, 2018, the Court of Appeals granted relief to municipalities such as the City of New York that exempt its uniformed service members from the Workers Compensation system. In Andino v. Mills, 2018 Slip Op 04273, the...more
6/20/2018
/ Collateral Source Rule ,
Damages ,
Disability Benefits ,
Future Wages ,
Jury Awards ,
Military Service Members ,
Municipalities ,
Offsets ,
Pension Benefits ,
Workers' Compensation Claim ,
Workplace Injury
A Facebook user’s privacy settings cannot determine the discoverability of relevant evidence, held New York’s high court, the Court of Appeals. In a unanimous decision, Forman v. Henkin, — NY3d —, 2018 N.Y. Slip Op. 01015,...more