Category: Tort Law

New York Court of Appeals Holds “Symptom Threshold” Methodology Is Inadmissible, But Cites “Odor Threshold” Methodology With Approval

New York Court of Appeals Holds “Symptom Threshold” Methodology Is Inadmissible, But Cites “Odor Threshold” Methodology With Approval

—by David M. Katz Sean R. v. BMW of N. Am., LLC, 48 N.E.3d 937 (N.Y. 2016). Abstract: The New York Court of Appeals recently decided that the basis for an expert opinion on...

New York Court of Appeals Finds State Thruway Authority not Responsible in Slip-and-Fall Outside Precinct

New York Court of Appeals Finds State Thruway Authority not Responsible in Slip-and-Fall Outside Precinct

—by Adam Kuhn Sherman v. N.Y. State Thruway Auth., No. 56, 2016 N.Y. LEXIS 1061 (May 5, 2016). Abstract: The New York Court of Appeals granted summary judgment for the defendant in a personal...

Injured? You May be Covered: Court Of Appeals Extends the Duty of Care Owed by Medical Providers to Members of the General Public

Injured? You May be Covered: Court Of Appeals Extends the Duty of Care Owed by Medical Providers to Members of the General Public

— By Andrew Stewart Davis v. South Nassau Communities Hosp., 2015 NY Slip Op 09229 (December 16, 2015). Abstract: The Court of Appeals recognized a legal duty owed by medical providers to a non-patient,...

Women Only Liable for Intentional Injuries to Unborn Fetuses, Court of Appeals Says

Women Only Liable for Intentional Injuries to Unborn Fetuses, Court of Appeals Says

–by Chris Powers Abstract: The New York Court of Appeals ruled that a mother cannot be held liable for the death of a newborn baby when the baby’s injury was caused by the mother’s...

Survey: 2014 Tort Law

Survey: 2014 Tort Law

Survey of New York Tort law for 2013–2014. View Full PDF John C. Cherundolo is a former Supreme Court Justice of the New York Unified Court System, Onondaga County, and an Adjunct Professor of Law...

Coleson v. City of New York 0

Coleson v. City of New York

This appeal stems from a negligence suit against the City of New York and the New York City Police Department (NYPD) and addresses what evidence is necessary to establish that a special relationship existed...

Rigano v. Vibar Const., Inc. 0

Rigano v. Vibar Const., Inc.

The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property or whether the misnomer...

Reis v. Volvo Cars of North America 0

Reis v. Volvo Cars of North America

This appeal addresses the proper jury charge for defective design of product suits. The plaintiff, Manuel Reis was pinned against a wall and lost his left leg after his friend’s 1987 Volvo station wagon...

Capretto v. City of Buffalo 0

Capretto v. City of Buffalo

This appeal arises from an action in which plaintiff sought damages for injuries she sustained when she tripped and fell as a result of broken concrete located in the driveway portion of a sidewalk....

Nesmith v. Allstate 0

Nesmith v. Allstate

In this case, the Court of Appeals interpreted a “noncumulation clause” where members of different families were successively exposed to lead paint in the same apartment. Just as the Court similarly found in Hiraldo...