Matthew S. Lerner
@NewYorkCivilLawPartner at Gerber Ciano Kelly Brady LLP. Civil appeals and litigation. Legal blogger. Music fanatic.
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New York Court of Appeals Will Address Appellate Division Department Split on Negligent Security Measures ... nylaw.typepad.com/new_york_civil…
NY App Div, 2d Dept denies mot to dismiss in MVA pi case. Def owner of leased car not shielded by NY Graves Amend. Aff of D employee re leased auto & lease assigned to owner inadmissible; did not attach the record itself. #nycivillaw #gckblaw #law #appellatetwitter
New York Appellate Division, Third Judicial Department Addresses Level of Specificity Necessary for a Disc... nylaw.typepad.com/new_york_civil…
Hochul spox says Caitlin Halligan, who the executive chamber retained for $31,000 to consult on a floor vote on Justice LaSalle, was not consulted on the legality of the change to the judiciary law for the double pick. timesunion.com/state/article/…
Hochul nominates liberal chief judge, hoping to rebound from rejection of Hector LaSalle ow.ly/BOWI104CkN5
New post: "Wilson, Halligan Announced as Governor's Choices to Serve on NY's Highest Court" ift.tt/d8uBHwv
Statement from Senate Majority Leader Andrea Stewart-Cousins on Chief Judge Nomination:
Today I am nominating Judge Rowan Wilson to serve as Chief Judge of the Court of Appeals & announcing my intention to nominate Caitlin Halligan as Associate Judge. These highly-qualified, thoughtful jurists will serve with distinction & ensure our courts deliver justice to all.
NY App Div, 2d Dept concludes the defendant's use of surveillance tape of slip-and-fall accident did not demonstrate that no dangerous condition -- i.e., wet floor -- existed before Plaintiff's slip-and-fall. lnkd.in/edeQGq4M #nycivillaw #nylaw #appellatetwitter
Today's featured blog from @NewYorkCivilLaw is an excellent place to learn more about appellate law and New York state court proceedings! The blog also discusses insurance coverage and defense ⚖️ You can view it in the Archive at the link below ⬇️ openlegalblogarchive.org/site/new-york-…
P was injured when a dolly he was using to transport sheetrock on a worksite tipped over & fell on him. NY App Div, 2d Dept held that P's injuries were not caused by an elevation-related or gravity-related risk w/in scope of Labor Law § 240(1) tinyurl.com/5f3rs64t @nycivillaw
NY App Div, 2d Dept holds in rear-end MVA accident that Ds' claim it was sudden stop of P's vehicle causing accident insuff in and of itself to raise triable issue of fact whether there was a nonnegligent explan for rear-end collision. tinyurl.com/myasjcn2 #nycivillaw #nylaw
NY App Div, 2d Dept holds in rear-end MVA accident that Ds' claim it was sudden stop of P's vehicle causing accident insuff in and of itself to raise triable issue of fact whether there was a nonnegligent explan for rear-end collision. tinyurl.com/2p9d4u7d #nycivilaw #nylaw
NY App Div 2d Dept grants D's mot to renew based on new evidence in Labor Law sec. 240 (1) case where new evidence & excuse for its delay showed P was allegedly injured at different site. lnkd.in/e4GrfaZn #nycivillaw #gckblaw #appeals #nylaw #appellatetwitter
NY App Div, 2d Dept reverses dismissal of P's complaint concluding D (NYC muni) failed to support motion to dismiss with evidence that P failed to appear at General Muni Law sec. 50-h hearing. lnkd.in/ePfzdKN3 #nycivillaw #appellate #PersonalInjury #nylaw #appeals
NY App Div, 2d Dept dismisses Plaintiff's appeal of grant of motion to dismiss complaint for failure to state a claim. Plaintiff failed to include the parties' pleadings & relevant exhibits in record on appeal. lnkd.in/ezMFYcGF #nycivillaw #appeals #gckblaw #nylaw
NY App Div 2d Dept rejects P's spoliation argument that D nursing home's mot for summary judgment should be denied in med mal case because accountability records were destroyed in a fire. tinyurl.com/yptv5fak #nycivillaw #gckblaw #nylaw #spoliation
NY App Div 1st Dept concludes issue of fact re concert promoter's liab where concert goer hit in head with aluminum bottle during Drake concert at MSG; promoter had actual or constr notice of crowd throwing projectiles. tinyurl.com/2s3u2fcw #gckblaw tinyurl.com/4mcdwzps
NY App Div 1st Dept affirms grant of sj to P on liability where common carrier stopped bus knowing the rear door was positioned over a hazardous, icy condition; held whether P heard driver tell passengers to exit via front only was immaterial. tinyurl.com/msr9rnwa #nycivillaw
NY App Div 1st Dept reversed decision & dismissed compl upon waiver of subro prov in lease. Lease agree b/w lessor and its tenant had a waiver of subro prov conditioned on each obtaining insur coverage permitting waiver. tinyurl.com/y5mjf6p3 #gckblaw tinyurl.com/4mcdwzps
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