The Appellate Division, Third Department recently addressed in Bahnuk v Countryway Ins. Co. the level of specificity necessary when an insurer seeks to disclaim coverage for bodily injury arising out of an accident. The Court held that the insurer must provide written notice of the disclaimer to both its insured and the injured party, and
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Breaking News – Justice Whelan of New York Supreme Court, Suffolk County Grants New York Senator Palumbo's Motion for a Declaration Concerning New York Court of Appeals Nominees
New York Supreme Court Justice Thomas F. Whelan handed down his decision today granting Plaintiff New York Senator Anthony H. Palumbo’s motion for a declaration concerning requiring a full floor vote by the Senate on a judicial appointment to the New York Court of Appeals (Decision and Order Download). The Court ordered and declared…
Update on New York State Senate's Vote on Justice Hector LaSalle's Nomination to the New York Court of Appeals
Last week was a busy one for the New York State Senate and New York Court of Appeals (see here and here). New York Senator Rob Rolison wrote this letter about the Senate vote on Governor Kathy Hochul’s nomination of Justice Hector LaSalle for the chief judge position of the Court. The Times Union…
Clerk of New York Court of Appeals Contacts Counsel for the Commission of Judicial Nomination Regarding Vacancy of New York Chief Judge Position
Today, New York Court of Appeals Clerk Lisa Le Cours wrote ) the Counsel for the Commission on Judicial Nomination indicating that (1) the Governor’s office notified the Court that the New York Senate rejected Governor Kathy Hochul’s nomination, and (2) the office of Chief Judge remains vacant. Notably, the Commission recommended six other potential…
New York State Senate Rejects Governor Kathy Hochul's Nomination of Justice Hector LaSalle for Chief Judge Position of the New York State Court of Appeals
Earlier today, seemingly out-of-nowhere, the New York State Senate moved Governor Kathy Hochul’s nomination of Justice Hector LaSalle to a full vote. The Senate rejected the Governor’s nominee, with 39 senators voting against Justice LaSalle and 20 voting in his favor. Perhaps the looming hearing of an Order to Show Cause (Download signed OTSC)…
New York's Justice for Injured Workers Act – New York Workers' Compensation Law
New York Governor Kathy Hochul signed a bill at the end of 2022 that impacts workers’ compensation and personal-injury lawsuits in New York. “The Justice for Injured Workers Act” adds a new section of New York’s Workers Compensation Law that bars a court or other forum from granting preclusive or collateral estoppel effect to decisions…
New York State Governor Kathy Hochul Vetoes "Grieving Families Act" – Proposed Amendment to New York's Wrongful-Death Statute
Gerber Ciano Kelly Brady LLC’s Brendan Fitzpatrick reports on the recent development on the proposed “Grieving Families Act” in New York:
New York’s Governor Kathy Hochul vetoed the “Grieving Families Act” (Senate Bill S74A), which would have amended New York’s wrongful-death statute. According to the Governor’s veto, the proposed bill would have…
New York Appellate Division, First Judicial Department Grants Spoliation Sanctions for Destroyed Personal Journal
The plaintiff or defendant in your case destroyed a piece of evidence you deem essential to your case. You liken the spoliation to Arthur Andersen shredding documents for Enron and seek the ultimate sanction of dismissal of the case (plaintiff’s spoliation) or striking the answer (defendant’s spoliation). New York courts have a different idea, though.…
New York Commission on Judicial Nomination Names Seven Candidates for Chief Judge of New York Court of Appeals
The New York Commission on Judicial Nomination has named the following seven candidates for the position of Chief Judge of the New York Court of Appeals:
New York Court of Appeals Acting Chief Judge Anthony Cannataro;
Yale Law School Professor of Law Abbe Gluck;
Presiding Justice of the Appellate Division, Second Judicial Department,…
New York Court of Appeals Will Address Appellate Division Department Split on Negligent Security Measures – Pt. 3
Negligent security premises liability appeals are pending at the New York Court of Appeals. As discussed in my two prior posts here and here, the Appellate Division, Second Department case – Scurry v New York City Hous. Auth. – challenged one line of caselaw in the First Department on targeted attacks of tenants on…