New York CM Report of Recent Decisions (2010v3)
2010 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.
Articles in this report
"Actual Or Constructive Notice" Standard Applied Instead Of "Means And Methods" Standard In Denying Owner’s Motion For Summary Judgment On Labor Law §200 Claim
In Slikas v. Cyclone Realty, LLC, WL 3700179 (2d Dep't 2010), Plaintiff alleged that she sustained personal injuries after she tripped over a crowbar left in an office doorway by a painting contractor. Plaintiff alleged the owner of the Premises where the incident took place, Cyclone Realty, LLC ("Cyclone") was liable, in part, under Labor Law §200.
Anti-Concurrent Causation Clause In A Policy Excluded Mold And Fungi Damage Caused By Wind-Driven Rain
The Superior Court of New Jersey, Appellate Division in William Petrick and Tanja Petrick v. State Farm Fire And Casualty Company, 2010 N.J. Super. LEXIS 1964 (2010) addressed the effect of an anti-concurrent causation clause in a property insurance policy.
Anti-Subrogation Rule Bars Recovery As To One Additional Insured And Not The Other, And Waiver Of Subrogation Provision Held Not To Apply To Subcontractors
Plaintiff was the insurer for Chelsea 27th Street Apartment. Plaintiff brought a subrogation action against FD Sprinkler and Woodworks, the sprinkler and drywall subcontractors, seeking to recover monies paid on a claim filed by its named insured on a builder's risk insurance policy, for property damage caused by the unintended discharge of a sprinkler in a building under construction.
Labor Law §240(1) Extended To Height Related Accidents Occurring Away From The Construction Site
In D'Alto, Jr. v. 22-24 129th Street, LLC and Pacific Lawn Sprinklers, Inc., 906 N.Y.S.2d 79 (2d Dep't 2010), the Appellate Division was faced with another opportunity to define how liberally construed New York Labor Law § 240(1) will be enforced to protect workers from height related accidents.
Plaintiff Not Required To: Use Expert To Establish Negligence, Introduce Policy As Evidence To Support Subrogation Rights Or Provide Receipts To Prove Damages
Utica Mutual Insurance Company ("Utica") insured a building ("Building"), which sustained fire damage due to the negligent workmanship of Precision Mechanical Services, Inc. ("Precision"). Utica Mut. Ins. Co. v. Precision Mechanical Srvcs., Inc., 122 Conn. App. 448, 452, 998 A.2d 1228 (2010).
Policy Exclusion Precludes Coverage For Bodily Injury Sustained By An Additional Insured Notwithstanding Policy Provision Limiting Its Application To The “Named Insured” Only
The New York State Appellate Division, Second Department, held that an insurance company that issued a general liability insurance policy to a tenant in a building owned by the plaintiff, a named additional insured thereunder, was not obligated to defend and indemnify the plaintiff in an underlying personal injury action.