In Griffin v Sirva, Inc. (No. 35) previewed here, two movers employed by Astro Moving and Storage Co. sued the parent company of Allied Van Lines, Sirva, Inc., for employment discrimination under the New York State Human Rights Law after they were fired by Astro pursuant to a Sirva policy forbidding the employment of persons …
Court of Appeals Holds That the Denial of a Motion to Quash Stored Communications Act Warrants to Facebook is Not Appealable
This is a case that warms the heart of appellate geeks like me, those who get unduly excited over complicated issues of appellate jurisdiction. In Matter of 381 Search Warrants Directed to Facebook, Inc. (New York County District Attorney’s Office) (No. 16), previewed here, the Court of Appeals held that two orders denying Facebook’s motion …
Court of Appeals Sidesteps Issue Whether School Districts Can Pursue Article 78 Review of IDEA Violation Determinations
In Matter of East Ramapo Cent. Sch. Dist. v King (No. 21), previewed here, the Court of Appeals sidestepped the issue of whether school districts have the right to judicial review under CPLR Article 78 of New York State Department of Education determinations enforcing the federal Individuals with Disabilities Education Act (IDEA). In East Ramapo …
Court of Appeals Holds County Not Liable for Sexual Assault of Plaintiff at County-Owned BOCES Program
In Tara N.P. v Western Suffolk Bd. of Cooperative Educational Services (No. 8) previewed here, a teenage female student was sexually assaulted by a Level III sex offender that Suffolk County had assigned to perform maintenance work at the BOCES program where the student was taking classes. The County owned the property and leased the building to …
Court of Appeals Declares that No Insurance Coverage Exists for Tower Crane Damaged During Superstorm Sandy
In Lend Lease (US) Construction LMB Inc. v Zurich American Insurance Company (No. 11) previewed here, the owner and construction manager of a 74-story high rise being built in midtown Manhattan sought coverage for damage caused to the tower crane being used to build the building during Superstorm Sandy in October 2012. Zurich, one of …
Court of Appeals Holds the State Cannot be Apportioned Fault in Personal Injury Case in Supreme Court
In Artibee v Home Place Corporation (No. 5) previewed here, the Court of Appeals held that CPLR 1601(1), which modifies the normal rule of joint and several liability by limiting the liability of a joint tortfeasor with 50% or less of the total liability for noneconomic loss to the tortfeasor’s actual proportion of fault, does …
Court of Appeals Holds that the Term “Mediation” in a Fee Sharing Agreement is Not Necessarily Limited to a Single Day
In Marin v Constitution Realty, LLC (Menkes v Golomb) (No. 2), an attorney fee sharing dispute previewed here, plaintiffs' principal attorney, Sheryl Menkes, retained Jeffrey A. Manheimer to act as her co-counsel for the case, to take depositions, and to take the case to trial if necessary. Their agreement provided that for these services, Manheimer would …
Court of Appeals Holds that Municipality May be Liable for Negligent Failure to Prevent Criminally Reckless Speeding on Its Roadways
In Turturro v City of New York (No. 196) previewed here, the Court of Appeals was asked to determined whether a municipality may be held liable for failing to keep its roads in a reasonably safe condition where it has notice that drivers speed along its roads and the municipality doesn’t take reasonable action to …
In Extensive Treatment of Proximate Cause, Court of Appeals Reinstates Cross Claims Against Defendant, But Denies Non-Appealing Plaintiff Same Relief
In Hain v Jamison (No. 201) previewed here, the Court of Appeals reversed an order of the Appellate Division, Fourth Department that had dismissed all claims against a farm that owned an escaped calf that the decedent had stopped her car to help out of the middle of the road. The Fourth Department had held …
Court of Appeals Announces Burden Shifting Standard to Show No Substantial Prejudice to Public Corporation When Asking to Serve a Late Notice of Claim
In Matter of Newcomb v Middle Country Cent. Sch. Dist. (No. 198) previewed here, the Court of Appeals reversed an order of the Appellate Division, Second Department that had denied the plaintiff's request to serve a late notice of claim under General Municipal Law § 50-e(5) on the school district, alleging that a sign advertising a …
New York Appeals 