Case Analysis & Legal Updates
Clearly Explained
Construction and workplace liability under Labor Law §§ 200, 240, and 241.
Duty to defend, exclusions, additional insured status, and coverage disputes.
Contractual and common-law risk transfer, defense, and allocation issues.
Preservation, appealability, standards of review, records, and appellate strategy.
New York motion practice, pleadings, discovery, jurisdiction, and procedural rules.
Liability defenses, damages issues, causation, and litigation strategy.
Trial preservation, evidentiary issues, jury practice, and courtroom strategy.
Admissibility, expert disclosure, foundation, causation, and proof issues.
Fraud indicators, spoliation, sanctions, discovery abuse, and claims integrity.
Using technology and artificial intelligence responsibly in legal analysis and workflows.
Can a social-media platform be a defective product? On Tuesday, New York’s highest court takes up that question in litigation arising from the Buffalo Tops mass shooting.
A New York County trial court refused to disturb $13 million in pain-and-suffering damages after a ladder fall caused brain, spine, knee, wrist, and hip injuries.
The decision explains the critical difference between disobeying a safety rule and refusing to use an adequate, available safety device within the context of a Labor Law § 240(1) claim.
The Second Department reduced combined pain-and-suffering damages for an epidural hematoma and persistent headaches from $4.93 million to $1.75 million.
New York courts distinguish proven impeachment from unproven allegations when defendants attack treating physicians at trial.
Marte shows how rebar mat fall claims can narrow Scaffold Law exposure while preserving Labor Law § 241(6) risk.
Analysis for claim strategy, appeals, and complex litigation.
Track the developments most likely to affect exposure analysis, motion practice, settlement posture, and appellate strategy.
Key rulings shaping owner and contractor exposure under §§ 240(1) and 241(6).
Coverage trends affecting transfer opportunities, indemnity risk, and claim value.
Cases addressing AI use in New York litigation, including hallucinated citations, verification duties, and sanctions exposures.
Verdict and settlement trends driving valuation and reserve strategy.
Summary Judgment Granted
Enforcement of General Release
The Supreme Court adopted Matt’s arguments that a general release executed by the plaintiff prior to commencing the lawsuit was valid, enforceable, and dispositive.
Practice Impact: This ruling provides important guidance for insurers, claims professionals, and defense counsel evaluating early settlements, pre-suit releases, and risk transfer strategies.
Denial of Motion to Amend
Punitive Damages
Matt successfully opposed a plaintiff’s motion for leave to amend the complaint to assert punitive damages in a Florida products liability and design-defect action.
Practice Impact: The decision reinforces strong defenses for manufacturers and insurers facing punitive-damages demands.
Late Notice of Claim
Grant of Motion to Dismiss
Matt secured reversal and dismissal of all claims and cross-claims against a municipality because the plaintiffs failed to timely serve a notice of claim.
Practice Impact: The decision reinforces strict enforcement of municipal notice-of-claim requirements.
Additional Results
Explore additional summaries involving municipal liability, dispositive motions, appellate reversals, damages rulings, Labor Law claims, and insurance defense strategy.
Stay Informed
Practical analysis of New York decisions, trends, and strategy — curated for claims professionals and litigators.
📞 (518) 901-2141
✉️ mlerner@gerberciano.com
🏛️ Firm Profile
