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February 02, 2023 | New York Law Journal

Of Burdens and Hatch Covers

In this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a "falling object" within the scope of Labor Law §240.
16 minute read
Appellate Division, Second Department: January 20, 2023
Publication Date: 2023-01-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:January 18, 2023

January 03, 2023 | New York Law Journal

2nd Department Upholds $1.8M Malpractice Award Against Upstate Attorney in Executor Case, Even Absent Privity

"Although an attorney representing the executor of an estate, generally, is not liable to the beneficiaries of the estate, as the attorney does not represent the estate itself, when fraud, collusion, malicious acts, or other special circumstances exist, an attorney may be liable to ... for harm caused by professional negligence," the Second Department justices wrote.
4 minute read
Rich. Hosp. v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrers, Wolf & Carone
Publication Date: 2023-01-03
Practice Area: Legal Malpractice
Industry: Legal Services | Real Estate
Court: Supreme Court, Richmond
Judge: Justice Ronald Castorina Jr.
Attorneys:
For plaintiff:
For defendant:
Case number: 150277/2022

Plaintiff Fails to Show it Would Have Prevailed 'But For' Law Firm's Negligence

Appellate Division, Second Department: December 30, 2022
Publication Date: 2022-12-30
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:December 28, 2022

Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

View more book results for the query "Sullivan Papain Block McGrath & Cannavo P.C."

Appellate Division, First Department: December 19, 2022
Publication Date: 2022-12-19
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:December 15, 2022

November 03, 2022 | New York Law Journal

The 'Forbidden Conduct' Defense: Is It a Subset of the 'Sole Proximate Cause' Defense or an Entirely Different Animal?

Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.
24 minute read
Appellate Division, First Department: October 31, 2022
Publication Date: 2022-10-31
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motion list released on:October 27, 2022

Appellate Division, Second Department: October 24 & 26, 2022
Publication Date: 2022-10-28
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on: October 24 & 26, 2022

October 18, 2022 | New York Law Journal

But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause

In recent decisions, New York courts have shown a consistent willingness to dismiss malpractice claims where a plaintiff impermissibly speculates about the causal link between a lawyer's alleged negligence and the plaintiff's damages.
7 minute read

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