George M Heymann

February 24, 2017 | New York Law Journal

George M. Heymann discusses the Court of Appeals' recent holding in 'Hain v. Jamison,' where the court said it could not be determined, as a matter of law, whether the farm's negligence in allowing a calf to escape merely furnished the occasion for the accident that killed a woman who was struck after she exited her car to help the calf, or that the accident did not flow from farm's negligent conduct. Accordingly, the issues of "substantial cause" and "foreseeability," under these circumstances, should be made by the fact finder.

By George M. Heymann

15 minute read

October 07, 2016 | New York Law Journal

George M. Heymann, of counsel to Finz & Finz and director of the Housing Legal Clinic at Woodside on the Move, addresses the question of the meaning of the word 'reside' in determinations of liability for lead-based paint. In 'Yaniveth R. v. LTD Realty Co.', the Court of Appeals had to decide whether a child who spends at least 50 hours per week with a caregiver, in an apartment containing lead-based paint, but does not live there full-time, "resides" in the apartment to "trigger" a duty on the owner/landlord to protect the child from lead poisoning and be held liable for damages if such poisoning occurs.

By George M. Heymann

21 minute read

February 04, 2016 | New York Law Journal

George M. Heymann discusses summary judgment motions averring that a slip or fall on the ground or a step was caused by a "trivial defect." The most recent opinion on this subject by the Court of Appeals notes that "[t]hese cases teach that it is usually more difficult to define what is trivial than what is significant."

By George M. Heymann

8 minute read

February 18, 2015 | New York Law Journal

George M. Heymann writes: Ten years ago, the Court of Appeals set the bar for the ability to sue for personal injuries caused by domestic animals, which required a plaintiff to prove that the animal had "vicious propensities" at the time of, or prior to, the incident. In the past decade, there has been an erosion of this strict liability rule trending toward causes of action on the theory of negligence.

By George M. Heymann

12 minute read

February 17, 2015 | New York Law Journal

George M. Heymann writes: Ten years ago, the Court of Appeals set the bar for the ability to sue for personal injuries caused by domestic animals, which required a plaintiff to prove that the animal had "vicious propensities" at the time of, or prior to, the incident. In the past decade, there has been an erosion of this strict liability rule trending toward causes of action on the theory of negligence.

By George M. Heymann

12 minute read

January 05, 2012 | New York Law Journal

George M. Heymann, of counsel to Finz & Finz, discusses a question frequently raised regarding dismissal of a pet holdover proceeding as a result of the defense that the landlord did not commence suit within three months of discovering the pet's presence: Is the tenant a "prevailing party" and entitled to legal fees if he or she was the direct cause for the landlord's delay?

By George M. Heymann

14 minute read

March 07, 2007 | New York Law Journal

George M. Heymann, a judge of the New York City Housing Court, analyzes a recent ruling which held that the District Attorney's Office was not a "law enforcement agency" within the definition set forth in Criminal Procedure Law (CPL) �160.50(1)(d)(ii) authorized to unseal records for the purpose of pursuing eviction proceedings.

By George M. Heymann

17 minute read