News You Can Use
Slip and Fall Scheme Rakes in Over $30m and The Five Men Behind it Have Been Charged with Defrauding NYC Area Businesses and Their Insurance Companies
By Jeffrey T. Miller. A fraudulent slip and fall scheme has led to the indictment of five New York residents being charged with defrauding New York City area businesses and their insurance companies of more than $30 Million Dollars. Peter Kalkanis, a former...
Court of Appeals: Showing of absence of comparative negligence not required in moving for summary judgment.
By Edward J O’Gorman and Marc H. Pillinger. On April 3, 2018, New York’s highest state court, in Rodriguez v. City of New York, 2018 NY Slip Op. 02287, held, in a 4 to 3 decision, plaintiff need not “demonstrate the absence of comparative negligence to be...
Court of Appeals Makes Social Media Network Material Discoverable
By Marc H. Pillinger. A Facebook user can no longer prevent the discovery of private postings on their Facebook page. On February, 13, the Court of Appeals unanimously ruled that the threshold for discovery inquiries is not whether the materials sought are private but...
Legislature Makes Forum Shopping Easier
By Marc Pillinger. The New York State legislature recently passed an amendment to CPLR 503(a) that makes venue proper when a case is initiated in a “county in which a substantial part of the events or omissions giving rise to the claim occurred.”The New York State...
Court of Appeals:
Important Additional Insurance Coverage Decision
By Marc Pillinger. On June 6, 2017, the Court of Appeals in New York held that when an insurance policy states that additional insured coverage applies to bodily injury “caused, in whole or in part” by the “acts or omissions” of the named insured, the coverage applies...
Culpability and Spoliation:
FRCP Rule 37(E) and New York Law
By Marc Pillinger. Culpability is often a central issue in spoliation claims. In Sarach v M & T Bank Corp., 2016 NY Slip Op 04820 [4th Dept June 17, 2016], a recent Fourth Department case, the Court found that defendant’s violation of a CPLR 3102(c) Order for...