New York CM Report of Recent Decisions
2004 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
Improvements of a temporary nature made by a tenant are arguably not covered under a building owner’s/operator’s policy -- regardless of whether the tenant is a loss payee under the policy -- because the building owner/operator has no insurable interest in the tenant’s property.
New York has consistently permitted primary insurers in the first-party property context to disclaim coverage when the insured fails to give timely notice of the loss regardless of whether the delay caused any prejudice to the insurer. New York courts have also applied the same “no prejudice” rule to excess carriers, but have applied a higher standard in the reinsurance context.
There is no reason to wait for tort reform in New York. If the New York State Legislature is serious about reducing the number of frivolous medical malpractice claims, and in turn ensuring the availability and affordability of quality health services, the Legislature will expressly authorize the sanction of dismissal for failing to serve a Certificate of Merit with the Complaint, and require a reasonable excuse and an Affidavit of Merit from a physician in order to vacate this pleading default
New York Court Of Appeals Limits Municipal Exposure In Lead Paint Cases
In lead-paint poisoning cases, the Court’s decision has virtually eliminated municipal liability. Although the determination of whether such liability exists is based upon the relevant facts of each case...
New York Subrogation Actions Involving Landlords And Tenants
Before conceding that negligence is not applicable to a subrogation case involving a landlord and/or tenant, it is imperative to consider whether the facts of the case clearly establish a breach of contract and/or covenant of quiet enjoyment claim.
New York Taxi-Cab Law Does Not Obviate Insurer's Right To Receive Notice Of Suit
New York’s Court of Appeals has held that New York Vehicle and Traffic Law §370 does not obviate the right of a taxi-cab’s liability insurer to receive notice of a suit against the cab’s owner and driver. American Transit Ins. Co. v. Sartor, 2004 WL 1472632.
New York's Serious Injury Threshold, An Overview
An injured motorist who seeks to recover damages for non-economic losses, such as pain and suffering, must first establish that he has sustained a “serious injury” as defined by Insurance Law §5102 (d). The Court of Appeals has recognized “that one of the obvious goals of the Legislature’s scheme of no-fault automobile reparations is to keep minor personal injury cases out of court.” Licari v. Elliott, 57 N.Y.2d 230, 236, 441 N.E.2d 1088, 455 N.Y.S.2d 570, 573 (1982).
The Furnishing Of A Mere Copy Of A Surveillance Tape Is Sufficient
The Appellate Division held that the exclusion of the video tape was proper because the original eight-millimeter video tape had not been disclosed to Plaintiff. Additionally, the Appellate Division held that even if the preclusion of the video tape was error, it was harmless error.
