Category: Tort Law

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 the specific concentration of a chemical

Posted in Evidence, Health Law, Legal Pulse, Tort Law

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 injury claim for a slip-and-fall. Applying

Posted in Legal Pulse, Real Property, Tort Law

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, third party even in the absence

Posted in Article Archive, Health Law, Legal Pulse, New York Court of Appeals, Tort Law

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 prenatal negligence because criminalizing negligence in

Posted in Article Archive, Legal Pulse, New York Court of Appeals, 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 at Syracuse University College of Law. LL.M.

Posted in Survey of New York Law, Tort Law

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 between an individual and a municipality

Posted in Article Archive, Civil Practice, Court Watch, New York Court of Appeals, Tort Law

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 invalidates the lien. George Vigogna (sole

Posted in Article Archive, Civil Practice, Commercial Transactions, Court Watch, New York Court of Appeals, Real Property, Tort Law, Uncategorized

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 lurched forward upon starting the engine.

Posted in Article Archive, Civil Practice, Court Watch, New York Court of Appeals, Tort Law

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. The issue on appeal is which

Posted in Appellate Division, 4th Judicial Department, Article Archive, Contracts, Court Watch, Tort Law

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 v. Allstate Ins. Co., the Court

Posted in Article Archive, Contracts, Court Watch, New York Court of Appeals, Tort Law