News & Blog

Category: Complex Litigation

Flowers v. City of New York Appellate Division, First Department 2017 NY Slip Op 05040 Decided on June 20, 2017

July 19, 2017 • Posted By Joseph A. French • Complex Litigation

The City appealed a Bronx Supreme Court Order that denied the City’s motion to compel discovery. Following an execution of a search warrant plaintiff alleged he had been wrongfully arrested and prosecuted.  At his deposition, he denied using aliases or nicknames.  Issues developed over certain Facebook pages attributable to person using the name “Moe” or which incorporated “Moe” into other names, e.g., “Moejobrim Moejo”.  Plaintiff did not deny he was the account holder for the “Moe” Facebook pages. Read More

Miran Choi ap, V. Douglas F. Schwanenbauer, res – (Index No. 13236/13)

March 9, 2015 • Posted By Joseph A. French • Complex Litigation

In this auto accident case, plaintiff appealed an order from Queens County Supreme Court, denying plaintiff’s motion for summary judgment on the issue of liability. Plaintiffs (driver and passenger) established prima facie entitlement to judgment by demonstrating that defendant violated Vehicle and Traffic Law § 1141, when defendant made a left turn directly into the path of the Plaintiff’s vehicle, and that this breach of Traffic Law was the lone instigator of this incident. In opposition to Plaintiff’s motion, defendant raised the issue as to the Plaintiff’s comparable fault in this accident.

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Rear End Collision Compels Reversal of Defendants’ Summary Judgment - Win

December 2, 2014 • Posted By Joseph A. French • Complex Litigation

Following an action to recover damages for personal injuries, Judge J. Solomon denied plaintiff’s cross-motion for summary judgment on the issue of liability in an order dated August 8, 2013. Pursuant to plaintiff’s appeal, the Appellate Court affirmed the denial of granting summary judgment to plaintiff on his claim against defendant Calafiore. The court reversed the lower court’s order and granted plaintiff summary judgment on use of liability claim against the three (3) Jairath defendants.

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Labor Law § 240(1) is not Automatically Applicable Every Time a Worker is Injured by a Falling Object

July 1, 2014 • Posted By Joseph A. French & Emma Christman • Complex Litigation, Insurance Coverage

The First Department affirmed the holding of the Supreme Court, Bronx County, which denied plaintiff’s motion for summary judgment as to liability under Labor Law § 240(1) and Labor Law § 241(6), and granted the defendant’s cross motion for summary judgment to dismiss the claims under Labor Law § 240(1) and Labor Law § 241(6).

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The Argument That The Use Of A Paintball Gun By A Person Under 16 Years Old Was A Violation Of Penal Law § Was Not Raised By The Plaintiff In His Affirmation In Opposition.

July 1, 2014 • Posted By Joseph A. French & Emma Christman • Complex Litigation

The court has dismissed the defendant’s motion for summary judgment to dismiss the complaint in part because DiSilvestro v. Samler holds that a violation of Penal Law § 265.10(5) constitutes negligence per se.   This case states that a paintball gun is an air gun as defined by Penal Law § 265.05 and therefore it is illegal for a person under the age of 16 to possess a paintball gun. DiSilvestro v. Samler, 32 A.D.3d 987, 988-89, 821 N.Y.S.2d 632, 634 (2006).

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Court Of Appeals Settles Division Among New York Courts Regarding Non-Party Subpoenas

April 14, 2014 • Posted By Victoria Kennedy • Complex Litigation

In what is likely to come as a surprise to many practitioners, on April 3, 2014 the Court of Appeals decided that CPLR 3101 (a)(4) does not require litigants seeking discovery from non-parties to first show that the information could not be obtained by other means.  This decision, Matter of Kapon v. Koch, 2014 NY Slip Op. 032327, agrees with how the First and Fourth Departments have ruled, and is contrary to the positions taken by the Second and Third Departments.

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“Illegal” Status of Workers Immaterial to Employers’ Protections Under Workers’ Compensation Law § 11

March 26, 2014 • Posted By Victoria Kennedy • Complex Litigation

In a recent decision, dated February 13, 2014, the New York Court of Appeals affirmed the dismissal of a third-party complaint filed by a property owner against its contractor for common-law contribution and indemnification in connection with Labor Law claims brought by illegally employed workers hired by the contractor.  This case New York Hospital Medical Center of Queens v. Microtech Contracting Corp., --N.E.3d--, 22 N.Y.3d 501 (2014)  resolved a somewhat novel debate on whether Workers’ Compensation Law § 11 (“Section 11”) shielded a contractor from third-party claims when the contractor’s employees were not legally employed in the United States.

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