New York Civil Law

New York Civil Law calls itself "a forum for New York appellate law, civil procedure, insurance coverage and defense, and other interesting issues."

Author: Matthew Lerner is a partner at Goldberg Segalla in Albany, N.Y. He also contributes to Practicing Law in the 21st Century.

Blawg Related Categories: Appellate Practice • Civil Procedure • Insurance Law • Tort Law • States • New York • Partner • Construction Law

Recent Posts from New York Civil Law

Appellate Division, Second Department Affirms Rejection of Creative Rear-End Defense
In Carrington-White v. Malvey, the Appellate Division, Second Department recently affirmed the plaintiff's summary judgment motion on liability. The matter concerned a rear-end accident, where the defendant struck a cement barrier, causing her vehicle to…
Appellate Division, First Department Addresses Confidential Settlement Agreement Issue
The Appellate Division, First Department in Osowski v. AMEC Constr. Mgt., Inc. addressed a confidential settlement agreement between the plaintiffs and the defendants. The plaintiffs and defendants entered into a settlement agreement to perform an…
New York Court of Appeals' Hears Oral Argument on Scaffold Law This Session
New York Civil Law posted about Affri v. Basch earlier this year. The appeal will be argued this Session. The Appellate Division decision does not reveal much as to what the novel issue concerns. As…
New York Court of Appeals' October Session Starts Next Tuesday
The New York Court of Appeals' October 2009 Session starts next Tuesday, October 13, 2009. Here is the schedule of oral arguments for the Session.
Happy First Monday
Today, the Supreme Court of United States began its 2009-2010 Term. C-Span is presenting a great series -- Supreme Court Week -- on the Supreme Court just in time for First Monday. Here is the…
Appellate Division, Second Department Dismisses Appeal Based on Inadequate Record
Let the recent decision in Civil v. Tae Hwa Sim serve as a warning. In this appeal, the Appellate Division, Second Department dismissed the appeal based on an inadequate record on appeal. The appellant based…
Anecdotal Tip for Appellate Division, First Department Practice
What happens when you argue an appeal where there is a different attorney listed on the brief? In some appellate courts, you just alert one of the clerks of the substitution or change. However, I…
2009-2010 New York Court of Appeals' Term Begins
In the deluge of appeals I've been recently handling, I somehow missed the beginning of the New York Court of Appeals' 2009-2010 Term last week (one of my favorite times of the year). Oral arguments…
Decision on "Additional Insured" Coverage Will Reach New York Court of Appeals
The New York Court of Appeals in Worth Constr. Co. v. Admiral Ins. Inc. interpreted an additional insured endorsement of a commercial general liability insurance policy. The issue concerned the provision providing that the additional…
Appellate Division, First Department Labor Law Decision to Watch
In the past few years, the New York Court of Appeals has developed a line of case law strengthening the sole proximate cause defense for Labor Law sec. 240(1). Two cases in particular -- Montgomery…