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NY Supreme Court

Goldberg Segalla

Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

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Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos...more

Goldberg Segalla

Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

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Court: Supreme Court of New York County (NYCAL) - In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a...more

Goldberg Segalla

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

Goldberg Segalla

Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

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Jurisdiction: Supreme Court of New York, New York County - This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint...more

McGlinchey Stafford

The Court Sua Sponte Retroactively Applies FAPA to Dismiss Foreclosure

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On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department reversed the trial court’s denial of borrowers’ motion to dismiss a foreclosure action filed prior to the enactment of the Foreclosure Abuse...more

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Goldberg Segalla

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

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Jurisdiction: Supreme Court of New York, New York County - DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture...more

Goldberg Segalla

Talc Defendant Unsuccessful on Summary Judgment

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Jurisdiction:  Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more

Goldberg Segalla

Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any...more

Goldberg Segalla

Valve Manufacturer Fails to Meet Burden for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed...more

McGlinchey Stafford

Under FAPA: Dismissal of Prior Foreclosure for Lack of Standing Does Not Estop Lender

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On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department affirmed the dismissal of a quiet title action, which sought to discharge a mortgage as time-barred under the Foreclosure Abuse Prevention...more

Harris Beach PLLC

New Marketing and Advertising Rules for New York Cannabis Retailers

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New York’s Cannabis Control Board recently approved new rules around cannabis marketing and advertising in a bid to provide legal marijuana operators an advantage over illegal operators. The new rules, which are subject...more

Cozen O'Connor

What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

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The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v....more

Goldberg Segalla

First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

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Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron...more

Wiley Rein LLP

Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion

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The New York Supreme Court, Appellate Division, has held that a “prior acts” exclusion in a directors and officers policy did not bar coverage for settlements reached by the insured in two related shareholder lawsuits,...more

Harris Beach PLLC

Judge Strikes Down New York’s Cannabis Marketing Rules

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In a sharp rebuke to New York’s Cannabis Control Board, state Supreme Court judge Kevin R. Bryant dealt a blow to the adult-use cannabis industry when he issued a decision in Leafly Holdings, Inc. et al. v. NYS Office of...more

ArentFox Schiff

New York Cannabis Regulations Are (Initially Ruled) Unconstitutional, Says New York Judge

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New York Supreme Court Justice Kevin Bryant recently ruled that all New York State cannabis regulations are unconstitutional and therefore, null and void. In an opinion issued on April 3, Justice Bryant explained that the...more

Seyfarth Shaw LLP

NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

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New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be...more

Morrison & Foerster LLP

Scrivener’s Error in Guaranty Reformed Outside of Statute of Limitations and Held Enforceable

In an appeal heard by the Appellate Division of the Supreme Court in the First Judicial Department of New York, the Court recently ruled that a court may reform a guaranty after the statute of limitations for a reformation of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Facility/Limited Ban: New York Appellate Court Addresses Judicial Challenge to Town's Local Law

The New York Supreme Court, Appellate Division (“Court”) addressed in a March 22nd Memorandum and Order (“Order”) a judicial challenge to a Local Law enacted by the town of Carroll (“Town”). See Carol L. Jones, et al. v. Town...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

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Supreme Court of New York, New York County - In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Real Estate Developer/Landfill: New York Court Addresses Common Law Action/Diminution in Value Claim

New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - March 2024 - #2

Greenwashing Beef Production - On February 28, New York State Attorney General (NYAG) Letitia James filed a lawsuit with the New York Supreme Court against meat processing company JBS USA for misleading the public about its...more

Goldberg Segalla

Plaintiff’s Motion for Joint Trial Denied

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Court: Supreme Court of the State of New York, New York County (NYCAL) - This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions....more

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