Of Interest

  1. Toy Car Accident In Parking Lot Leaves Property Owner Potentially Liable (NY) Wednesday, August 31, 2016 - Generally, a person who hires an independent contractor is not liable for the contractor’s negligence.  There is, however, an exception when that person has a non-delegable duty such as a property owner who is required to keep premises safe. In  Pesante … Continue reading ...
  2. Dismissal Sanction at Trial Backfires on Defendant (NY) Wednesday, August 31, 2016 - All parties in civil suits in New York are obligated to provide relevant information—including documents, videos, and photographs—in response to demands for same. Parties that “willfully or contumaciously” fail to disclose this information are subject to sanction at the Court’s … Continue reading ...
  3. Dennis Wade Speaks at 2016 Law School for Insurance Professionals Tuesday, August 30, 2016 - On September 22, 2016, Dennis is a speaker at the NYSBA’s annual Law School for Insurance Professionals.  Dennis will be conducting an interactive presentation with a forensic engineer.  Dennis’s written submission is entitled:  How Using a Professional Engineer Can Help … Continue reading ...
  4. Shelter’s Vague Warning about Dog’s Viciousness Deemed Sufficient Warning (NY) Friday, August 26, 2016 - It isn’t every day that the plaintiff in a dog bite case sues after being bitten by her own dog, but that is exactly what happened in Tiger v. North Shore Aminal League.  In Tighe, the plaintiff adopted a dog … Continue reading ...
  5. No Coverage? No Whey! (PA) Thursday, August 25, 2016 - Former executives of a whey protein supplier accused by Land O’Lakes of selling product tainted with urine byproduct received a favorable judgment that also saw a declaration of no coverage for the supplier’s insurers. In November 2014, Land O’Lakes filed … Continue reading ...
  6. Plaintiff Shocked by Decision Granting Defendants Summary Judgment (NY) Thursday, August 25, 2016 - The Appellate Division, Second Department, recently decided Lococo v. Mater Cristi Catholic High School, et al. 2016  NY Slip  Op 05796, wherein it reversed the decision of the lower Court and granted summary judgment in the defendants’ favor. Plaintiff, an employee … Continue reading ...
  7. Absentee Landlord and Absentee Defendant (PA) Thursday, August 25, 2016 - On July 27, 2016, a judge in the Philadelphia Court of Common Pleas recently found against a landlord in a premises liability case for $225,203.  The case arises out of an incident that occurred on December 22, 2014 when the … Continue reading ...
  8. Prominent Art Gallery Alleges It Was Sued for “Buyer’s Remorse” (NY) Tuesday, August 23, 2016 - A recently filed suit by art dealer Fabrizio Moretti claims art dealer David Zwirner engaged in “chicanery” and played a game of “three-card monte,” regarding the sale of a sculpture titled Gazing Ball (Centaur and Lapith Maiden) by artist Jeff … Continue reading ...
  9. Renovation Company Not Liable for Rebar in Garden (NY) Thursday, August 18, 2016 - In Sewesky v. City of New York and Counsel on the Environment, the plaintiff allegedly tripped over the edge of a concrete slab and was lacerated by rebar sticking out of the concrete in a city-owend community garden. Defendant GrowNYC provided … Continue reading ...
  10. Pick Your Battles Carefully: Injured Party Has DJ Complaint Dismissed But Still Lacks Coverage (NY) Thursday, August 18, 2016 - In litigating declaratory judgment actions in New York, an insurer is often faced with the important strategic issue of whether to name all of the underlying litigants as parties to that DJ action.  Likewise, the named parties also have the … Continue reading ...
  11. Lease Trumps NYC Sidewalk Law Thursday, August 18, 2016 - In 2003, responsibility for the condition of the sidewalks in New York City was shifted by statute from the City to the adjoining landowner.  But in a recent decision from the Second Department Appellate Division, the Court found that a comprehensive … Continue reading ...
  12. YMCA’s Battle for Charitable Immunity Continues (NJ) Thursday, August 18, 2016 - When we last reported on Walters v. YMCA, the YMCA was unsuccessful in its effort to obtain summary judgment under New Jersey’s Charitable Immunity Act.  Unsatisfied with the result, the YMCA moved for reconsideration and presented additional information supporting its charitable … Continue reading ...