New York CM Report of Recent Decisions (2003v3)
2003 Volume 3
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
Disqualification of Counsel in New York
When, in the course of litigation or transactional representation, is the disqualification of counsel appropriate? This article will address how the New York courts have dealt with such applications, the standards required to be met and the viability of such motions.
Second Circuit Court of Appeals Underscores Last Resort Character of Manifest Disregard Doctrine by Refusing to Vacate Admittedly Confusing Arbitration Award
In Duferco Int’l Steel Trading v. T. Klaveness Shipping A/S, 2003 AMC 1521, 333 F.3d 383 (2d Cir. 2003), the Second Circuit Court of Appeals refused to vacate an arbitration award based on manifest disregard of the law, even though the award appeared to be inherently contradictory.
Second Department Allows Plaintiff Born With Birth Defects to Bring Fraud Claim Against Her Mother's Employer
The Appellate Division – Second Department has recently held as a matter of first impression that a person born with birth defects alleged to have been caused by her mother’s on-the-job exposure to chemicals while pregnant may sue her mother’s employer for fraud. In a split three-two decision, the majority in Ruffing v. Union Carbide Corp., et al., 2003 WL 22232736 found that this result was consistent with the general and long-standing rule in fraud cases that “fraud may exist where a false representation is made to a third party, resulting in injury to the plaintiff.”
Third Department Examines Open and Obvious Defense
In a pair of recent decisions, the Third Department has recently examined application of the open and obvious defense in premises liability cases, finding that landowner owes a duty to maintain his property in a reasonably safe condition – even where the defect in question is open and obvious.
