New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | August 24, 2021
A landowner who fails to take minimal precautions to protect lawful guests and residents of its premise will be liable for injuries sustained as a result of the criminal conduct.
New York Law Journal | Analysis
By Joseph Napoli | June 10, 2021
This article explores the nuances of cases involving negligence and firefighters. While these cases are just like other negligence cases in many regards, there are some unique issues at play that are worth keeping in mind.
New York Law Journal | Analysis
By George M. Heymann | January 21, 2021
In light of the recent appellate decision in 'Hewitt v. Palmer Veterinary Clinic', former Housing Court Judge George Heymann provides an update on his previous articles on the topic of "vicious propensities" and a landowner's duty of care.
By Jason Grant | September 10, 2020
Cornell has argued that holding it liable for a student's hazing death after it had worked to control fraternity hazing would be "profoundly counterproductive" and would "upset" clear New York law.
New York Law Journal | Analysis
By Julian D. Ehrlich | February 13, 2020
The trigger wording "caused in whole or in part" in the current version of Insurance Services Office additional insured endorsements has recently generated a flood of coverage actions. This discussion examines the current debate, where it may be headed, and how parties might plan inside and outside the courtroom for future clashes over AI coverage.
New York Law Journal | Analysis
By Brian J. Shoot | February 6, 2020
In his Construction Accident Litigation column, Brian J. Shoot presents a "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty, and, especially in one instance, the controversy that afterwards ensued.
New York Law Journal | Analysis
By Scott Watnik | August 29, 2019
What happens when an alleged trespasser enters another's property with the property owner's consent, but that consent is induced by fraudulent acts of someone other than the alleged trespasser? Until a recent decision by the New York Supreme Court, no New York court had ever squarely addressed the question.
By Jeffrey S. Lichtman | August 16, 2019
As practitioners, we are often called upon to evaluate how a court might apply the law to a client’s fact patterns. In two tort cases from the past term, the Court of Appeals reminded us that legal principles often require us to analyze the totality of circumstances, rather than apply facile but ill-fitting and rigid tests.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Kevin G. Faley | June 10, 2019
The high court continues to expand the coverage of N.Y. Gen. Mun. Law §50-e(4), and give protection to municipal entities throughout the state.
New York Law Journal | Analysis
By George M. Heymann and Matthew J. Kaiser | May 8, 2019
What is the liability of the landowner who is not the owner of the domestic animal that caused injury to another on the property, and there is no proof that such landowner had prior knowledge of the animal's vicious propensities?
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