In the years following the September 11, 2001 terrorist attacks, New York enacted Article 8–A of the Workers’ Compensation Law to provide both employees and volunteers […]
New York courts continue to emphasize the deference owed to jury verdicts, particularly where credibility issues and competing inferences can be drawn from the evidence. A […]
New York courts have consistently held that issues of comparative fault are often for the trier of fact, particularly where the record contains conflicting testimony. The […]
In Sclafani v. Young Adult Institute, Inc., 240 A.D.3d 816 (App. Div. 2d Dept’ 2025) the Court clarified the duties of programs serving developmentally disabled adults […]
In cases involving personal injuries caused by rented vehicles, vehicle rental or leasing companies have traditionally relied on the Graves Amendment (49 U.S.C. §30106) to shield […]
In medical malpractice cases, a plaintiff generally must commence an action within two years and six months of the alleged negligent act, omission, or failure (C.P.L.R. […]
In the years following the September 11, 2001 terrorist attacks, Congress enacted the Air Transportation Safety and System Stabilization Act (49 U.S.C. § 40101, Pub.L. 107–42), […]
For decades, New York law has strictly limited when plaintiffs may recover for emotional damages in medical malpractice cases. While the courts have recognized certain exceptions […]
The Appellate Division, Second Department, issued an interesting decision recently that is worth noting, albeit in a field of law other than personal injury. In Matter […]
Since the early 1800s, in cases where someone is bitten by a domestic animal, an owner who had actual or constructive knowledge of the animal’s “vicious […]
In a recent Second Department decision, Marinos v. Brahaj, 2025 NY Slip Op 03561, plaintiff-decedent was killed while operating a moped rented from Revel. The moped […]