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Fourth Department Applies Special Duty Rule to Child Victim Act Case

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

With Ferreira v. City of Binghamton, New York Court of Appeals Preserves Public Duty Rule

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

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

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

New Challenges in Asserting Qualified Immunity in Roadway Design Cases

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

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