News & Analysis as of

Liability Appeals New York

Goldberg Segalla

New York Appellate Clarifies Interplay Between Graves Amendment and Vehicle & Traffic Law Section 370

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Important news from New York’s Appellate Division. In Second Child v. Edge Auto, Inc., 236 A.D.3d 499 (1st Dep’t 2025), the court addressed the interplay between the Graves Amendment and New York Vehicle & Traffic Law section...more

Segal McCambridge

Going to the Dogs: New York Court of Appeals Opens Door to Animal Negligence Claims

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New York’s Court of Appeals has overturned decades-old precedent and permitted victims of animal-related injuries to recover damages against an animal’s owner. An injured person can now pursue claims against an animal’s owner...more

Goldberg Segalla

The Expansion of Dog Owner Liability in New York

Goldberg Segalla on

In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

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New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Bond Schoeneck & King PLLC

The Death of (Special) Duty? NYS Court of Appeals Creates “New” Exception to Long-Standing Limitation on Municipal Liability

In Feb. 2025, the New York State Court of Appeals issued a decision in the case Weisbrod-Moore v. Cayuga County (2025 NY Slip Op 00903) that has major implications for municipalities and local governments....more

Jones Day

Uptiers in 2025: Impact of the Serta and Mitel Decisions on Liability Management Exercises

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Late last year, the U.S. Court of Appeals for the Fifth Circuit and the Appellate Division of the Supreme Court of the State of New York issued important rulings regarding the validity of uptier “liability management...more

Goldberg Segalla

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

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On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim...more

Harris Beach Murtha PLLC

New York State Court of Appeals Sides with Defendants in Three Labor Law Section 240(1) Cases

New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more

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