New York Law Journal | Expert Opinion
By Scott Mollen | October 18, 2022
Scott Mollen discusses "Mackey v. My Little Saltbox, LLC," where intentional misrepresentations in a real estate transaction barred a motion to dismiss, and "Torres v. Marrero" where Anti-SLAPP pleading standards were found to apply to a defamation suit between bickering neighbors.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | October 12, 2022
Whether the operator of an emergency vehicle has acted with reckless disregard is a fact specific inquiry, often involving a balancing of the nature of the emergency operation and the nature of the driver's conduct.
By Andrew Denney | October 3, 2022
Michael Cox claimed that Dr. Dean Lorich, who operated on his ankle at New York-Presbyterian Weill Cornell Medical Center's Hospital for Special Surgery, cleared Cox to return to full training after failing to properly handle the injury to his cartilage.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Kevin G. Faley | September 30, 2022
Courts have offered considerably more protection to operators of hazard vehicles such as snowplows and street sweepers than is afforded to law enforcement vehicles and ambulances under VTL §1104.
By ALM Staff | September 28, 2022
Jeri Smith, a site safety inspector for construction work by contractors at a New York City wastewater treatment plant, was hurt, at the plant, when…
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | September 23, 2022
New York State Vehicle and Traffic Law offers a carve-out provision which provides that the driver of an emergency vehicle who causes an injury will be held to a recklessness standard of negligence, which is a much higher burden for a plaintiff. This article discusses the details of the law along with several cases dealing with the issue.
By ALM Staff | September 12, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | September 6, 2022
The Grieving Families Act would allow recovery for grief and anguish as well as loss of love, society, protection, comfort, companionship and consortium in addition to the previously recoverable damages for loss of nurture, guidance or education; reasonable funeral expenses; reasonable expenses for medical care and treatment prior to death; and pecuniary injuries due to loss of services, support and inheritance.
By Charles Toutant | August 12, 2022
Marci Hamilton "has advised Congress and state governors, legislatures, and courts on the constitutionality of revival window laws for child sex abuse throughout the United States," Child USA said in court papers.
New York Law Journal | Analysis
By Joshua E. Abraham | August 11, 2022
The author discusses two recent cases, one involving Lenny Dykstra, and the other Roy Moore and Sasha Baron Cohen, to explain how there are certain instances where, no matter what the speaker says about the plaintiff, the plaintiff cannot claim defamation. "When the plaintiff already has an undesirable reputation, or when the plaintiff signs a prospective release of defamation liability, the speaker is essentially free to defame."
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