New York Law Journal | Analysis
By David M. Godosky | April 4, 2019
Should the Court of Appeals wish to hold that tenants may also have a duty to third parties for the failure to maintain the sidewalk under a contractual agreement, in its application or expansion of 'Espinal', it is, of course, free to do so. However, to allow an owner, even an out-of-possession owner, to be relieved of its statutory duty and pass it completely to a third party is anathema to the statutory language and intent of Administrative Code §7-210 and would undoubtedly make our City's sidewalks less safe.
New York Law Journal | Analysis
By Lisa L. Gokhulsingh | March 29, 2019
This article analyzes a case that will be before the New York Court of Appeals, 'He v. Troon', in which the issue is whether an out-of-possession landlord has a non-delegable duty under Administrative Code §7-210 where the condition complained of involves snow and ice.
By Susan DeSantis | February 4, 2019
“The need for hunger-relief efforts is acute,” Lary Stromfeld, a Cadwalader partner and founder of Justice Served, said,
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | November 26, 2018
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss potential causes of action which may lead to recovery against a negligent innkeeper.
New York Law Journal | Analysis
By Larry S. Schachner | November 23, 2018
Young advocates would be remiss in not familiarizing themselves with the ever-expanding world of ADR.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | September 24, 2018
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In the fall, people's thoughts turn to—sports. Whether as a spectator or a participant, safety is important. It is essential to know if the playing field has more holes than the Mets' starting line up and whether an injury arising out of contact with such a defect is actionable.
By Andrew Denney | June 15, 2018
A Manhattan jury awarded more than $45 million to a philanthropist who was nearly killed by a shopping cart that two adolescents pushed from the fourth floor of an outdoor shopping center in East Harlem.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | May 21, 2018
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In order to establish a prima facie case of liability arising out of a defective premises condition, a plaintiff must establish that defendant either caused and created a dangerous condition or had actual or constructive notice of it. Cases where it can be shown that defendants either had actual notice or caused and created the defect are generally easier to prove than those that require showing that a defendant had constructive notice.
By Samantha Joseph | April 18, 2018
Less than 24 hours after a Dallas-bound Southwest Airlines jet made an emergency landing in Philadelphia Tuesday, attorney Ladd Sanger had already fielded two calls from passengers.
By Andrew Denney | April 17, 2018
Manhattan Supreme Court Justice Carol Edmead said Tuesday she will grant a preliminary injunction ordering the agency to conduct inspections in thousands of its units.
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