New York CM Report of Recent Decisions (2011v3)
2011 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. The PDF version is now interactive.
Articles in this report
Appellate Court Affirms Dismissal Of Labor Law Claims Finding Plaintiff Was Not Working At Site Within The Meaning Of The Statutes
In Flores v. ERC Holding LLC, 2011 Slip Op. 06187, 928 N.Y.S.2d 7 (1st Dep't 2011), Ricardo Flores ("Plaintiff") brought a personal injury action alleging violations of the New York State Labor Law in connection with his work as a steel framing laborer for Kriti Contracting ("Kriti").
Court Dismisses RESPA Claim Alleging Illegal Kickbacks Involving Reinsurer
Plaintiffs filed a class action lawsuit under the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601, et seq., against WMB, Washington Mutual, Inc., Washington Mutual Bank FSH and WM Mortgage Reinsurance Company, alleging the collection of illegal kickback payments in the form of excessive reinsurance premiums.
Employer's Belief That The Injured Employee's Exclusive Remedy Was Under The Workers' Compensation Law Is Not Reasonable And Does Not Excuse A Failure To Give Timely Notice
The Appellate Court reversed the trial court's decision and held that a subcontractor's liability insurer had no duty to defend or indemnify the named insured, finding that notice to the insurer over a year after the accident was untimely.
In Connecticut, Agreements To Arbitrate Must Be Explicit To Be Enforceable And Oral Communications Are Irrelevant
In Farrell v. Twenty-First Century Ins. Co., 301 Conn. 657, 21 A.3d 816 (2011), Connecticut's Supreme Court was presented with an appeal from Connecticut's Appellate Court by Plaintiffs in an action to compel arbitration. The Supreme Court affirmed the Decisions of the Superior and Connecticut Appellate Courts in favor of Defendant/Insurer.
Labor Law §240(1) Further Narrowed To Protect Only Those Claims Directly Flowing From The Application Of The Force Of Gravity
The Appellate Division narrowed the protection afforded by § 240(1) of the New York Labor Law. 2011 NY Slip Op. 6458 (1st Dep't 2011). This lawsuit stems from a 2005 accident where Plaintiff, an inspector for the New York City Transit Authority, was injured while he was inspecting a subway rail during a renovation.
New York's Highest Court Holds That Plaintiff's Failure To Commence The Suit Within The Applicable Statute Of Limitations Period Cannot Be Forgiven By The Courts
The New York Court of Appeals recently determined that a plaintiff's failure to serve and file the Summons and Complaint within the applicable statute of limitations period was not an error that the trial courts have the discretion to forgive pursuant to statute.