East Coast CM Report of Recent Decisions – 2017 Vol. 1

May 3, 2017 / CM Reports

EastCoastCMReportImage2017Vol1Articles in this report

Court Of Appeals Rules State Of New York Exempt From Apportionment Of Fault In Personal Injury
Actions For Noneconomic Losses Under CPLR §1601 (1)

In Artibee v. Home Place Corporation, 2017 NY Slip Op 01145 (Court of Appeals, February 14, 2017), Carol Artibee (“Plaintiff”) was injured when a large branch fell through her Jeep while she was driving along a state highway.

Disclaimers Of Coverage Issued Only To An Additional Insured’s Insurer Insufficient Under New York Law

The New York Appellate Division, Second Department, held that a disclaimer of coverage sent to an additional insured’s insurer, which was not an agent for receipt of a notice of disclaimer, and not to the additional insured, was an ineffective disclaimer of coverage under N.Y. Ins. Law Section 3420(d).

New York Appellate Court Holds That Although There Was No Negligence, Broad Indemnification Clause Requires Repayment Of Defendant’s Costs Related To The Defense Of The Action

In Robinson v. Brooks Shopping Center, LLC, et. al., 2017 N.Y. App. Div. LEXIS 1929, 2017 NY Slip Op 01972, Plaintiff tripped and fell over an alleged defect in a parking lot within the shopping center.

Means And Methods Or Dangerous Condition On The Premises: Labor Law §200 Summary Judgment Unavailable When Proximate Cause Unclear

In Shaughnessy v. Huntington Hosp. Assoc., 2017 N.Y. App. Div. LEXIS 1128; 2017 NY Slip Op 1245, Plaintiff, a steam fitter, was allegedly injured when he fell from a ladder as he was installing refrigeration piping into a ceiling as part of a renovation project in a hospital owned by Defendant/third-party plaintiff Huntington Hospital Association.

To Prevail On A Claim Under Labor Law § 240(1) Plaintiff Is Not Required To Describe The Accident In Detail

Success on overcoming a defendant’s motion for summary judgment to dismiss a Labor Law § 240(1) claim does not depend on the plaintiff’s ability to describe the details of how the accident occurred.

Gaps In Plaintiff ’s Proof Insufficient To Establish Defendant’s Prima Facie Entitlement To Summary Judgment

In Jiann Hwa Fang v. Metropolitan Transp. Auth., 2017 NY Slip Op (2d Dep’t March 8, 2017), the Appellate Division, Second Department affirmed an order of the trial court denying Defendant, MTA Bus Company’s (“MTA Bus”) motion for summary judgment.

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