Category Archives: Current Case Law

Seeking The Disclosure of Social Media – Part 2

The abundance of information accessible on social media websites has dramatically changed the way personal injury litigators investigate and try cases. Social media content plays a critical role during discovery and at trial. Therefore, litigators need to demand that any … Continue reading

Seeking The Disclosure Of Social Media – Part 1

The number of people utilizing social media continues to explode.  The most recent statistics reported Facebook as having 1 billion active users.[1]  In light of the information being posted and communicated online, social media is a potential treasure trove for … Continue reading

Court of Appeals clarification to 1104(b) and reckless disregard standard will make defense of cases more difficult for municipalities.

The Court of Appeals determines when the ordinary negligence or reckless disregard standards apply to emergency vehicles. In its February 17, 2011 decision in Kabir v County of Monroe, the Court of Appeals altered the landscape of liability for emergency … Continue reading

Court of Appeals looks at “nexus” between owner and plaintiff in Labor Law Section 240(1) case: Abbatiello v. Lancaster Studio Assoc.

On July 1, 2004, the New York State Court of Appeals decided Abbatiello v. Lancaster Studio Assoc. 2004 WL 1472625. In that matter, a cable technician alleged a Labor Law Section 240(1) claim against a property owner as a result … Continue reading

MacDonald v. City of Schenectady and the Application of the “Open and Obvious” Defense

By Gerald D. D’Amelia, Jr., Esq. A previous Defense Update discussed the application of the “open and obvious” defense. In doing so, the article distinguished the application of the theory as a complete defense versus the application of the theory … Continue reading

Court of Appeals refuses to strictly interpret Labor Law Section 240(1) in Striegel v. Hillcrest Heights Development Corp

By Terése Burke Wolff, Esq. On October 21, 2003, the Court of Appeals decided Striegel v. Hillcrest Heights Development Corp., 2003 WL 22387625. In that matter, plaintiff was installing felt and shingles on a roof. As plaintiff was walking on … Continue reading

The Application of the “Open and Obvious” Defense in New York

By Gerald D. D’Amelia, Jr., Esq. The fact that a condition is open and obvious may be a viable defense to a premises liability claim. However, case law has distinguished between the duty to maintain and the duty to warn. … Continue reading

The court of appeals examines the relative obligations of insurance carriers covering the same risk

By: Terése Burke Wolff Esq. On February 13, 2003, the Court of Appeals decided the case of Pecker Iron Works of New York v. Travelers. Pecker Iron Works retained Upfront Enterprises (also referred to herein as “Upfront”) on a construction … Continue reading

The court of appeals in Castro strictly construes the list of injuries that qualify as “grave.”

By Terése Burke Wolff, Esq. In 1996, the Omnibus Workers’ Compensation Reform Act amended Section 11 of the New York Workers’ Compensation Law, thereby restricting third?party contribution claims against employers. Ibarra v. Equipment Control, Inc., 707 N.Y.S.2d 208, 2000 N.Y. … Continue reading