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 …
Court of Appeals Holds that Contract Language Making Formation “Subject to” a Future Act is Insufficient to Create a Condition Precedent
In Stonehill Capital Mgmt., LLC v Bank of the West (No. 191) previewed here, the Court of Appeals held that Bank of the West could not withdraw its acceptance of Stonehill Capital Management's winning bid at an auction of an $8.8 million syndicated loan. The Court rejected the Bank's argument that it was not bound …
On the First Day of Decision Days, the Court of Appeals Gave to Me: Two Certified Questions and Appellate Review After Involuntary Deportation
In December, the Court of Appeals generally forgoes oral argument on new appeals, but still has two days of session called Decision Days. The Court during these days issues its final decisions from the November session, and tries to wrap up other pending matters before the start of the new year. During the first release …
Court of Appeals Holds that Deviation from Municipal Contract RFP Evaluation Criteria is Arbitrary and Capricious
In Matter of ACME Bus Corp. v Orange County (No. 182), the Court of Appeals was asked to address whether, during the municipal bidding required for the award of local government contracts under General Municipal Law 104-b, the municipality must adhere to the public bid evaluation criteria set out in the request for proposals ("RFP") …
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