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May 23, 2023 | New York Law Journal

NY Court of Appeals Says Jury Can Hear Fatal Security Negligence Cases Against NYC Housing Authority

Chief Judge Rowan Wilson wrote that landlords in New York "have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct."
3 minute read
May 05, 2023 | New York Law Journal

Construction Accident Litigation, Part 1: 'Biaca-Neto' and Sole Proximate Cause

In this edition of his Construction Accident Litigation column, Brian Shoot focuses upon a single question: whether the plaintiff-worker's conduct constitutes the sole proximate cause of the subject accident as a matter of law, or alternatively may be deemed by a jury to be the sole proximate cause of the subject accident.
15 minute read
April 21, 2023 | New York Law Journal

Nuts and Bolts of Legal Malpractice 2023

The term "legal malpractice" is loosely used, not only by the public but by attorneys as well. Here, author Andrew Lavoot Bluestone discusses the four elements of legal malpractice: Departures, Proximate Cause, "But For" Issues and Ascertainable Damages.
8 minute read
February 02, 2023 | New York Law Journal

Of Burdens and Hatch Covers

In this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a "falling object" within the scope of Labor Law §240.
16 minute read
January 03, 2023 | New York Law Journal

2nd Department Upholds $1.8M Malpractice Award Against Upstate Attorney in Executor Case, Even Absent Privity

"Although an attorney representing the executor of an estate, generally, is not liable to the beneficiaries of the estate, as the attorney does not represent the estate itself, when fraud, collusion, malicious acts, or other special circumstances exist, an attorney may be liable to ... for harm caused by professional negligence," the Second Department justices wrote.
4 minute read
Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

View more book results for the query "Sullivan Papain Block McGrath"

November 03, 2022 | New York Law Journal

The 'Forbidden Conduct' Defense: Is It a Subset of the 'Sole Proximate Cause' Defense or an Entirely Different Animal?

Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.
24 minute read
October 18, 2022 | New York Law Journal

But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause

In recent decisions, New York courts have shown a consistent willingness to dismiss malpractice claims where a plaintiff impermissibly speculates about the causal link between a lawyer's alleged negligence and the plaintiff's damages.
7 minute read
August 04, 2022 | New York Law Journal

Examining the Fault Lines, Once More

Appellate cases resolved with a 3 to 2 vote are decisions where people can reasonably differ. Such rulings thus display the fault lines of the law. In this column, Brian J. Shoot takes a look at some recent 3 to 2 rulings.
18 minute read
May 05, 2022 | New York Law Journal

The Plain Meaning of Labor Law §241(6) … Or Its Opposite

In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses in detail the Court of Appeals' recent 4-3 ruling in 'Toussaint v. Port Auth. of New York and New Jersey', which is important in itself and for what it may portend in other actions involving application of Labor Law §241(6).
29 minute read
April 29, 2022 | New York Law Journal

Split New York Court of Appeals Reverses Judgment for Plumbing Subcontractor Injured in Fall

New York's highest court, in a 4-3 split decision, took a narrow view of Section 240 of the Labor Law, which governs elevation risks, reversing a ruling from an appellate panel. The case turned on whether a fall was caused by elevation or by an electric shock.
4 minute read

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