May 8, 2014

Premises Owner Entitled To CPLR Article 16 Protection Despite Non-Delegable Duty

By Jessica M. Erickson

The owner of real property in New York has a non-delegable duty to maintain the premises in a reasonably safe condition. Although it would appear that a non-delegable duty is an exception to the apportionment of CPLR Article 16, §1602(2)(iv) is actually a “savings provision” that allows a premises owner found less than 51% liable to apportion the liability with responsible tortfeasors.
May 6, 2014

New York Court of Appeals Rules on the Interplay Between Worker’s Compensation Law §29(6) and Vehicle and Traffic Law §338

By Lindsey S. Lamonica

This matter was referred to the New York State Court of Appeals by the United States Court of Appeals for the Second Circuit for a decision concerning the relationship between the Workers’ Compensation Law and the Vehicle and Traffic Law, when a plaintiff is injured in an automobile accident and one of the tortfeasors is a co-worker otherwise protected from liability under the Workers’ Compensation Law.
May 5, 2014

Court of Appeals Decides to Adopt Broader Disclosure Standard For Non-Party Subpoenas

By Brian C. Stehn

In the recent case of Matter of John Kapon, et al. v. William I. Koch, the Court of Appeals decided to adopt a broader interpretation of the “material and necessary” standard for non-party subpoenas.
April 28, 2014

Update on Falling Object in Labor Law

By Sterling E. Tipton

The Court of Appeals recently decided a case involving a claim of a “falling object” under the Labor Law, and effectively reaffirmed earlier caselaw that requires the plaintiff to prove the absence or inadequacy of a safety device in order to succeed on such a claim.