New York

By admin New York, Litigation No Comments

MTA Cannot Avoid Liability Under Emergency Doctrine (NY)

In Greene v. MTA Bus Co. 2023 NY Slip Op 04658, (September 20, 2023) plaintiff brought action against the MTA, and another motorist, when plaintiff sustained injuries caused by the sudden stop of the bus she was riding on. The facts here appeared clear cut as Plaintiff was riding an MTA bus on Hillside Avenue in […]

By admin New York, Litigation No Comments

Factual Pleadings In Complaint Will Not Be Dismissed Without Discovery Regarding Liability Due To Ownership Of Vehicle

In Sharon Holmquist v. Harry Orphanides and Rallye BMW, 2023 NY Slip Op 04660 (2d Dept. 2023), plaintiff suffered personal injuries arising from a motor vehicle accident involving a vehicle that was owned by Rallye BMW and leased to Orphanides. Defendant Rallye BMW filed a motion to dismiss under CPLR 3211(a)(1) and (7) arguing that […]

18. 08

2023

By Heather Aquino New York No Comments

Second Department Clarifies Distinction Between Administrative And Legislative Actions (NY)

In In the Matter of Lishan Aklog v. Town of Harrison, a four-judge panel at the Second Department ended a town drama predating the Covid-19 Pandemic, and in so doing, clarified the sometimes-nuanced distinction between legislative and administrative actions by a township. See Aklog v. Harrison, N.Y.S.3d (2023). The Respondent, Anthony Robinson, has since 2012 […]

By admin New York, Insurance No Comments

Duty To Defend An Additional Insured May Extend Even If Named Insured Is Not A Defendant (NY)

The United States District Court in the Southern District of New York recently held that Harleysville Insurance Company had a duty to defend the City of New York as an additional insured in an underlying personal injury action, even though the insured was not a named defendant. City of New York v. Harleysville Insurance Company, No. […]

By admin New York, Litigation No Comments

Second Department Reaffirms Standard For Denial of Summary Judgment On Grounds Of Prematurity

New York’s Appellate Division, Second Department, recently held that in motor vehicle rear-end collision cases, defendant drivers occupying the rear must do more than speculate if they are to prevail in opposing a plaintiff’s summary judgment motion. In Yonghong Xia v. Zhao Xian Zeng, Paul Gornie Briggs, et al, the Court credited plaintiff’s affidavit that […]

By admin New York No Comments

New York Municipalities Have Potential Liability For Non-Owed Trees Adjacent To Their Roads

The Appellate Division, Second Department, recently addressed the liability of public entities for an accident involving a tree adjacent to a roadway. In Jourdain v. Metropolitan Transp. Auth, plaintiff was injured when a tree, located on an embarkment owned by the Metropolitan Transit Authority (“MTA”), fell onto her vehicle as she was driving on a […]

MTA Cannot Avoid Liability Under Emergency Doctrine (NY)

Factual Pleadings In Complaint Will Not Be Dismissed Without Discovery Regarding Liability Due To Ownership Of Vehicle

Second Department Clarifies Distinction Between Administrative And Legislative Actions (NY)

Duty To Defend An Additional Insured May Extend Even If Named Insured Is Not A Defendant (NY)

Second Department Reaffirms Standard For Denial of Summary Judgment On Grounds Of Prematurity

New York Municipalities Have Potential Liability For Non-Owed Trees Adjacent To Their Roads

Recent Posts

MTA Cannot Avoid Liability Under Emergency Doctrine (NY)

Factual Pleadings In Complaint Will Not Be Dismissed Without Discovery Regarding Liability Due To Ownership Of Vehicle

“Tree Removal” Exclusion Not Applicable If The Tree Removal Operations Are Not “Active”

Duty To Defend An Additional Insured May Extend Even If Named Insured Is Not A Defendant (NY)

Generally Slippery Conditions As A Defense To Liability For Negligence In Slip & Fall Case (PA)

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