New York CM Report of Recent Decisions
2002 Volume 4
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
Commercial Tenant’s Insurer May Recover Against Landlord For Lost Income But Not Property Damage
B and D Associates, Inc. v. Russell, 807 A.2d 1001 (Conn. App.), involved a fire within a commercial building. The named plaintiff (the case was a subrogation action by the tenant’s insurer, Hartford Fire Insurance Company), had a commercial lease, which provided in Section 24.
Court of Appeals to Resolve Appellate Division Conflict on The Law Of Surveillance Tapes Disclosure
In Volume 2 of CM REPORT NEW YORK, we reported on the First Department’s March, 2002 ruling in Tran v. New Rochelle Hospital Medical Center, 740 N.Y.S.2d 11, a case in which that Department issued a defense-friendly ruling on the issue of disclosure of surveillance tapes of a plaintiff. In Tran, the First Department ruled that where a defendant obtained post-deposition surveillance footage of plaintiff, plaintiff would have to submit to a second deposition before the defendant would be required to turn over the surveillance video.
The Appellate Division - Second Department in Scannapieco v. City of New York, 749 N.Y.S.2d 36, has recently taken a cue from the First¹ and Fourth² Departments and held that, under CPLR Article 50-B, where defendant has purchased an annuity contract to pay a future damages award in a personal injury action through periodic installments, “annuity payments are to commence from the date of the verdict, and that where there is a significant delay between the date of the verdict and the entry of judgment, a trial court is authorized to direct an accelerated lump sum payment of annuity benefits for future damages for the period from the date of verdict until the entry of judgment.”
Second Circuit Holds As A Matter of First Impression That Electronic Funds Transfers May Be Subjected to Maritime Attachment
In Winter Storm Shipping, Ltd. v. TPI, 2002 WL 31478850 (2d Cir. 2002), the Second Circuit decided as a matter of first impression that funds transferred by means of an electronic funds transfer (EFT) may be subjected to maritime attachment in the hands of an intermediary bank without violating constitutional due process.
