In a recent decision, Calloway v. American Park Place, LLC, 2023 NY Slip OP 05830 (4th Dep’t 2023), the Appellate Division, Fourth Department, inter alia, upheld a Supreme Court, Monroe County decision that granted plaintiff’s partial motion for summary judgment on...
Surveillance & The C.P.L.R.
I. SURVEILLANCE EXCHANGES, HISTORICALLY a. How surveillance exchanges work, historically. Surveillance exchanges date back, statutorily, to 1993 with the expansion of Article 31 of the C.P.L.R., which added subsection (i) to § 3101, to require full disclosure of...
“Stairway to Summary Judgment”
In a recent decision, Piedra v. 111 West 57th Property Owner, LLC, et al., 2023 NY Slip Op 04737 (1st Dep’t 2023), the Appellate Division, First Department affirmed the lower Court’s decision granting Plaintiff’s motion for summary judgment on liability on his Labor...
“Vamonos Pest”
In a recent decision, Castaneda v. Amsterco 67, LLC, the Appellate Division, First Department, affirmed the lower Court’s decision denying plaintiff’s motion for summary judgment on his Labor Law § 240(1) claim, and granting defendants’ cross-motions for summary...
Settling Pennsylvania Insurance Claims with Unrepresented Minors
Like settlements made with estates, Pennsylvania law provides a mechanism for court-approved settlement with minors. The law surrounding the court-approval of settlements with minors, however, differs in slight degrees and comes with distinct nuances. When settling...
Congratulations to Steve McManus and Some Strings Attached!
The Firm expresses a hearty congratulations to Steve McManus and his mixed doubles tennis team, Some Strings Attached. They played in the USTA 18+, 6.0 division. After winning their league and District, they went on to win the Middle States Section (which is...
Just in Time for Halloween: First Department Reaffirms Horrifyingly Low Bar for Labor Law § 240(1)
In a recent decision, Garcia v. 122-130 E. 23rd St. LLC, the Appellate Division, First Department unanimously revered a Supreme Court, New York County decision involving a Labor Law § 240(1) claim. Plaintiff commenced an action to recover damages for personal...
Socially Host Your Next Golf Outing! Supreme Court of Pennsylvania Follows Precedent of No Liability Placed on a “Social Host”
In Klar v. Dairy Farmers of America, Inc., 300 A.3d 361 (2023), the Supreme Court of Pennsylvania recently addressed the issue regarding the distinction between a “social host” and a liquor licensee, in its interpretation of Dram Shop Act, and its progeny of case law....
“Dance with The One Who Brought Ya”
In a recent decision, Flood v. Ahern Painting Contrs., Inc., the Appellate Division, Second Department affirmed the lower Court’s decision denying a Second Third-Party Defendant engineering firm’s motion for summary judgment. Plaintiff commenced an action to recover...
