June 26, 2018
William C. Lawlor

William Lawlor Wins Summary Judgment Dismissing Labor Law Case In Kings County

On May 24, 2018, William Lawlor won summary judgment dismissing the plaintiffs’ complaint in Wloch v. JDT Realty Enterprises, Index No. 511922/2014 (Sup. Ct., Kings County). […]
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.
April 28, 2014

Recent Decision Concerning Admissibility of Expert Testimony of Biomechanical Engineer

By Barbara A. Hayes

The Appellate Division, First Department recently issued a decision broadly expanding the admissibility of the expert testimony of a biomechanical engineer. In Vargas v Sabri, 115 AD3d 505 [1st Dept 2014], the First Department upheld the decision denying plaintiff’s request for a Frye hearing to determine the admissibility of the testimony of Dr. Callum McRae.
April 15, 2014

Liberal Interpretation of Labor Law § 240(1) in Fernandez And The Need For Thorough Deposition Questioning

By Jon P. Pisiewski

On occasion, when conducting a deposition, attorneys find themselves confronted with an opposing counsel improperly objecting to “irrelevant” or follow-up questions about something the witness denied. However, thorough questioning anticipating potential pitfalls may often lead to asking the crucial question that can turn a case.
March 13, 2014

First Department Limits Discovery for Prior Injuries

By Jessica G. Price

In this week’s decision of Gumbs v. Flushing Town Ctr.III, L.P., 2014 NY Slip Op 01267, the First Department upheld a decision denying the defendants’ motion to compel authorizations based on the plaintiff’s claims for “loss of enjoyment of life” and past pain and suffering.
February 25, 2014

Recent Decision Concerning “Spoliation Sanctions”

By Barbara A. Hayes

The First Department recently issued a decision on a case involving the issuance of sanctions for spoliation of evidence. In Malouf v Equinox Holdings, Inc., 113 AD3d 422 [1st Dept 2014], the plaintiff brought a personal injury action against a health club operator, alleging she was injured on a treadmill in the health club.