In Cover v. Cohen, the New York Court of Appeals reviewed whether a car manufactured by General Motors was defective under strict products liability. The case also considered whether the evidence presented at trial was proper and whether the judgment against both General Motors and the car dealer, Kinney Motors,…
In Jones v. State of New York, 33 N.Y.2d 275 (1973), the New York Court of Appeals considered whether the State could be held liable for the wrongful death of a State employee killed during the retaking of Attica Correctional Facility following a prison uprising. The case raised questions about…
In a personal injury case arising from a workplace fall, the court addressed whether a jury’s award for pain and suffering was excessive. The plaintiff, Thomas J. Young, sustained serious injuries and sued under Labor Law § 240(1). Background Facts Thomas J. Young fell 18 feet while working in April…
In Cover v. Cohen, the New York Court of Appeals reviewed whether a car manufactured by General Motors was defective under strict products liability. The case also considered whether the evidence presented at trial was proper and whether the judgment against both General Motors and the car dealer, Kinney Motors,…
The Appellate Division, First Department, decided the case of Dibrino v. Rockefeller Center North, Inc. on July 2, 2024. The case involved a construction worker who fell from a ladder on a commercial job site in Manhattan. The key question was whether the defendants violated New York Labor Law §…
In Kosta v. WDF, Inc., the Supreme Court of Kings County considered liability for a construction site fatality at the Owl’s Head Water Treatment Plant in Brooklyn. The plaintiff, acting as administrator of the estates of Gennaro and Donna Montello, sought damages for injuries and wrongful death caused by the…
In Blake v. Neighborhood Housing Services, N.Y. City, the New York Court of Appeals addressed whether a worker injured while using a ladder could recover under Labor Law § 240(1) when the ladder provided proper protection and the worker’s own actions were the only cause of the fall. This case…
In Garland v City of New York, 2025 NY Slip Op 01991, the Appellate Division, Second Department, reviewed whether a lawsuit could go forward when the plaintiff gave the wrong date of the alleged injury in the required notice of claim. The case involved a person who said she was…
The case of Smith-Percival v MTA Bus Co., 2024 NY Slip Op 06000, focused on whether certain discovery requests should be enforced in a personal injury lawsuit. While the claim centered on an injury suffered by a passenger, the legal issue before the Appellate Division, Second Department, was about the…
In an action to recover damages for false arrest and malicious prosecution, the plaintiff in Masciello v. Inc. Vill. of Lloyd Harbor, 140 A.D.3d 834 (N.Y. App. Div. 2016) challenged an order from the New York Supreme Court that granted summary judgment to the defendants—the Incorporated Village of Lloyd Harbor,…