Housing Crisis
NYCHA Gets Out on Summary Judgment; Second Department Pulls Them Back In In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Kings County order that granted…
Category: Insights
Courts Chip Away at Hit-and-Run Reporting Requirements for Uninsured Motorist Claims
In the recent case, Pummer v. Engelbrecht, 2024 WL 5245037, (Pa. Super. Ct. Dec. 30, 2024), the Court was asked to evaluate whether an insurance carrier is required to establish…
Support Beams Support Summary Judgment
Dropped Objects Fall Squarely into Labor Law Protections In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied plaintiff’s motion…
Given Freely
Examining the Wave of Motions to Amend Complaints After Fraud Allegations I. P.L.R. § 3025(b) & Motions to Amend Answer to Assert Affirmative Defenses Motions to amend Answer to assert…
The Inherently Speculative Nature of Future Medical Expenses
The Honorable Gerald A. McHugh of the Eastern District Court of Pennsylvania recently held in Morris v. Sutton, No. CV 23-2806, 2025 WL 564933 (E.D. Pa. Feb. 19, 2025) that…
Flashing at a Concession Stand
Fourth Department Opens the Door for Slippery Roof Pitch in Future Cases In a recent decision, the Appellate Division, Fourth Department unanimously reversed a Supreme Court, Monroe County decision that…
Unlimited Breadsticks > Labor Law § 240(1)
Third Department Affirms Denial of Plaintiff’s Summary Judgment Motion due to Question of Fact Involving Sole Proximate Cause Defense Never bet against unlimited breadsticks. In a recent decision, the Appellate…
Homeownership Can Be Tough
The Homeowners’ Exception to Labor Law § 2410(1) is Not Automatic In a recent decision, the Appellate Division, Second Department unanimously affirmed a Supreme Court, Kings County decision that denied…
Pallet Jacks Don’t Cut It
Forklifts Required to Escape Labor Law § 240(1) Liability in First Department In a recent decision, the Supreme Court, New York County denied defendant’s motion for summary judgment to dismiss…
New Jersey Appellate Division Confirms IFPA and RICO Claims Must Proceed in Court, Not PIP Arbitration
In a recently published decision by the New Jersey Appellate Division in Allstate New Jersey Insurance Company, et al v. Carteret Comprehensive Medical Care, PC, et al, A-0778-23 (2025), the…