Category: Case Summaries
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Impeachment Evidence in New York Civil Law Cases: Proven Convictions vs. Collateral Attacks
Read Full Analysis: Impeachment Evidence in New York Civil Law Cases: Proven Convictions vs. Collateral AttacksNew York courts distinguish proven impeachment from unproven allegations when defendants attack treating physicians at trial.
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A “So-Ordered” Letter Decision Is Not Always Appealable in New York
Read Full Analysis: A “So-Ordered” Letter Decision Is Not Always Appealable in New YorkAn appellant must appeal from the correct paper to preserve appellate rights in New York civil litigation.
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Late Notice Defeats Additional Insured Coverage
Read Full Analysis: Late Notice Defeats Additional Insured CoverageThis case shows how delayed notice of a claim or lawsuit can prejudice an insurer and defeat additional insured coverage.
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Excess Insurer Collateral Estoppel Defense Falls Under § 3420
Read Full Analysis: Excess Insurer Collateral Estoppel Defense Falls Under § 3420Prior coverage rulings do not automatically shield excess insurers when the specific issue was not actually decided.
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High-Low Agreement Considerably Cuts Scooter Liability Verdict
Read Full Analysis: High-Low Agreement Considerably Cuts Scooter Liability VerdictRisk Mitigation Via A High/Low Agreement
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Designated Premises Endorsement Defeats Insurance Law § 3420 Claim
Read Full Analysis: Designated Premises Endorsement Defeats Insurance Law § 3420 ClaimThe Court draws a sharp distinction between coverage for operations incidental to the business and coverage for operations incidental to the premises.
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Fourth Department Holds New York Bill of Particulars Cannot Add New Theory of Liability
Read Full Analysis: Fourth Department Holds New York Bill of Particulars Cannot Add New Theory of LiabilityA bill of particulars cannot add a cause of action that is not pled in the complaint.
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New York Appellate Division Sanctions AI-Generated Fake Case Citations
Read Full Analysis: New York Appellate Division Sanctions AI-Generated Fake Case CitationsThe New York Appellate Division sanctioned counsel for submitting AI-generated fake case citations, establishing the first New York appellate authority addressing AI hallucinations in legal filings.
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Unsecured Ladder Creates Labor Law § 240(1) Liability
Read Full Analysis: Unsecured Ladder Creates Labor Law § 240(1) LiabilityAn unsecured ladder that shifts or moves for no apparent reason establishes a prima facie violation of Labor Law § 240(1).
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New York Litigation Funding Discovery: Perdomo and Lituma Compared
Read Full Analysis: New York Litigation Funding Discovery: Perdomo and Lituma ComparedNew York litigation funding discovery requires evidence, not suspicion. Perdomo denied disclosure; Lituma permitted it based on a detailed fraud investigation.