Category: Case Summaries
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Third Department Enforces CPLR § 3101 (d) Regarding Treating Physicians
Read Full Analysis: Third Department Enforces CPLR § 3101 (d) Regarding Treating PhysiciansThe Third Department held that treating physicians who offer causation opinions must comply with CPLR § 3101(d), affirming expert preclusion for repeated disclosure violations.
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New York Spoliation of Surveillance Video: Second Department Rejects Preclusion
Read Full Analysis: New York Spoliation of Surveillance Video: Second Department Rejects PreclusionNew York spoliation of surveillance video: The Second Department held that negligent video loss warrants an adverse inference, not preclusion.
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New York Additional Insured Coverage: Late Disclaimer Barred
Read Full Analysis: New York Additional Insured Coverage: Late Disclaimer BarredIn New York, a binding insurance obligation may be formed from multiple writings.
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Slip, Fall & Snow Removal Liability: Third Department Clears the Way for Trial
Read Full Analysis: Slip, Fall & Snow Removal Liability: Third Department Clears the Way for TrialWhen can a snow removal contractor be held liable to a noncontracting plaintiff under the Espinal v Melville Snow Contractors, Inc. exceptions?
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New York Appellate Division, Second Department: Excess Insurer Must Face Coverage Suit
Read Full Analysis: New York Appellate Division, Second Department: Excess Insurer Must Face Coverage SuitThe Appellate Division, Second Department rejected the excess insurer’s motion to dismiss a coverage suit brought by Harco Construction over a demolition accident. The ruling clarifies the limits of collateral estoppel and reinforces the duty of excess insurers to defend…
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Third Department Affirms Summary Judgment Denial in Pedestrian Injury Case: Unsafe Bus Stops Create Liability Exposure
Read Full Analysis: Third Department Affirms Summary Judgment Denial in Pedestrian Injury Case: Unsafe Bus Stops Create Liability ExposureThe Third Department holds that a common carrier’s liability may extend beyond a bus passenger’s discharge
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New York Second Department Sets Aside a Verdict Based on Faulty Verdict Sheet
Read Full Analysis: New York Second Department Sets Aside a Verdict Based on Faulty Verdict SheetVerdict-sheet error required a new liability trial because the jury never decided scope of employment.
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New York Commercial Division of Supreme Court Formalizes Process for Amicus Curiae Briefs
Read Full Analysis: New York Commercial Division of Supreme Court Formalizes Process for Amicus Curiae BriefsEffective July 7, 2025, New York’s Commercial Division will allow formal amicus curiae briefs in complex business cases—giving non-parties a clear voice in high-stakes litigation. This new rule enhances predictability and opens the door for strategic third-party input.
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Expert Witnesses in Bronx New York Emergency Medical Malpractice
Read Full Analysis: Expert Witnesses in Bronx New York Emergency Medical MalpracticeCan a surgeon testify regarding EMT standards of care under New York common law?
