Of Interest

  1. Handling Heavy Buckets Not an Elevation Related Risk (NY) Friday, October 20, 2017 - In Ciechorski v. City of New York, the Appellate Division recently distinguished between “usual and ordinary” dangers of a construction site versus “the extraordinary elevation risks envisioned by the Labor Law Section 240(1).” The Court also addressed the distinction between defendants … Continue reading ...
  2. PA Court Admits BAC Result Without Corroborative Witness Friday, October 20, 2017 - In Pennsylvania, to guard against undue prejudice in civil cases, evidence of a party’s mere alcohol consumption is inadmissible absent evidence that reasonably shows intoxication. In respect of Blood Alcohol Concentration results, courts found to provide that “[BAC] alone may … Continue reading ...
  3. Mode of Operation Rejected in Sandwich Shop Slip (NJ) Friday, October 20, 2017 - In Hockman v. Burrellys LLC, a New Jersey Court recently dealt with the “mode of operation” doctrine in the context of a fall in a sandwich shop. Ordinarily, an injured plaintiff attempting to recover damages under a theory of negligence … Continue reading ...
  4. NY Court Finds Plaintiff Should Have Received Extra Time in NCAA Soccer Injury Case Friday, October 20, 2017 - In Calderone v National Collegiate Athletic Association, the plaintiff sued the NCAA and other parties for personal injuries allegedly sustained during a soccer game and the NCAA immediately moved to dismiss the complaint. On the return date of the NCAA’s … Continue reading ...
  5. Court Splits on Electrical Upgrade Issue (NY) Friday, October 20, 2017 - In Daly v 9 E. 36th LLC, a New York court wrestled with the issue of whether an apartment building has a duty to update its electrical system to meet the modern electrical needs of tenants, and the question of … Continue reading ...
  6. This and That by Dennis Wade Thursday, October 19, 2017 - What do Amazon and Insurance have in common? The answer, I suggest, is this: Everything and Nothing. But first I digress.  For many years, the desk staff at my Manhattan apartment building really had but one job: To be pleasant … Continue reading ...
  7. Uncharted Waters – Hurricane Coverage Issues Monday, October 16, 2017 - With Harvey, Irma, and Maria roiling the insurance markets, we attach an article, first published by the New York State Bar Association, addressing the vexing wind and water issues that arise from such catastrophes. WCM is available to answer any … Continue reading ...
  8. You Only Plead Twice – Second Department Upholds Right to Amend Complaint to add Wrongful Death Seven Years Later (NY) Thursday, October 12, 2017 - In Assevero v Hamilton & Church Props, the Second Department recently allowed plaintiffs to amend their 2008 complaint to include new allegations of wrongful death after the plaintiff passed away in 2015 – seven years after the underlying accident. The … Continue reading ...
  9. Court of Appeals finds Question as to Constructive Notice Despite Security Footage (NY) Thursday, October 12, 2017 - Premises cases can hinge on notice of an allegedly defective condition, and an eventual accident. For defendant property owners, proving that you did not create or have notice of the dangerous condition is a continuous uphill battle. It is even … Continue reading ...
  10. Second Circuit Reaffirms Privity Requirement In Additional Insured Endorsement (NY) Thursday, October 12, 2017 - It is easy for claims professionals, contractors, and others to look no further than an underlying contract when determining whether a tendering party qualifies as an additional insured.  After all, when the promise to procure additional insured coverage is memorialized … Continue reading ...
  11. We Didn’t Start the Fire: First Department Uphold Denial of Building Owner’s MSJ (NY) Thursday, October 12, 2017 - Living in New York City offers unmatched opportunities and experiences.  There are, of course, trade-offs – high rents, small living spaces, and old infrastructures.  Residents do the calculus and decide that living in New York justifies these downsides.  Unfortunately, living … Continue reading ...
  12. To Repair or Replace: Damages for Replacement Costs Upheld (PA) Thursday, October 12, 2017 - The Pennsylvania Superior Court recently affirmed a damages award that came under appeal after defendants argued that it was not supported by competent evidence.  In 700 EBA v. Weaver’s Glass & Building, No. 1868 MDA 2016, defendants Weaver’s Glass & … Continue reading ...