In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more
4/24/2025
/ Appeals ,
Dogs ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Landlords ,
Liability ,
Negligence ,
New York ,
Premises Liability ,
Property Owners
The spring edition reveals an emerging pattern in addressing the Sole Proximate Cause defense and compliance with the Labor Law. It has been well established that the Sole Proximate Cause Defense will not apply if there was a...more
The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal...more
3/19/2024
/ Building Codes ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Claims ,
General Contractors ,
Homeowners ,
State Labor Laws ,
Workplace Injury
Key Takeaways -
On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time...more