News & Analysis as of

Liability 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

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

ArentFox Schiff

Ninth Circuit Seeks New York Court of Appeals’ Guidance on Auto Manufacturer Liability for Vehicle Theft

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A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and...more

Segal McCambridge

New York’s Grieving Families Act Advances (Again)

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On June 10, 2025, the New York State Grieving Families Act got a (fourth) chance to be signed by Governor Hochul. She refused to sign prior iterations of the legislation, citing stress on New York’s business community and the...more

Wiley Rein LLP

Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before...

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A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more

ArentFox Schiff

NTSB’s Investigation Moving Full Speed Ahead

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On May 17, the masts of a 300-foot-long Mexican naval training ship carrying 277 people collided with the underside of the Brooklyn Bridge just minutes after leaving the pier where it has been docked at the South Street...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

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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

White and Williams LLP

Top Developments - 2025, Issue 1

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New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident...more

Husch Blackwell LLP

New York’s Grieving Families Act Vetoed for a Third Time

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On December 21, 2024, Governor Kathy Hochul of New York vetoed, for a third time, the Grieving Families Act (“Act”), a significant bipartisan legislative proposal in New York aimed at reforming the state’s wrongful death...more

Fox Rothschild LLP

New York’s Climate Change Superfund Act: What You Need to Know

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On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

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An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

McGuireWoods LLP

Xerox Obtains Important Pro-Policyholder Decision in New York’s First Department, Adopting Narrow Construction of “Arising From”...

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In March last year, New York’s Appellate Division – First Department issued Xerox an important pro-policyholder decision in its D&O insurance recovery action against Travelers, arising from Xerox’s failed 2018 merger with...more

ArentFox Schiff

Four Takeaways From New York’s New ‘Climate Superfund’ Law

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State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...more

King & Spalding

Southern District of New York Rules Lawsuit Seeking to Hold Banks Liable for Environmental Harm from Mining Must Be Brought in...

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On September 30, 2024, the U.S. District Court for the Southern District of New York ruled that related lawsuits seeking to hold multiple global banks liable for financing mining activity that allegedly led to environmental...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...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 Medical and Life Sciences: Year in Review 2023

From pharmaceuticals to cosmetics, preemption to expert preclusion, New York state and federal courts issued decisions in 2023, which further shaped the landscape in the medical and life sciences legal world. To prepare the...more

Cozen O'Connor

Proposed Expansion of New York’s Business Law Could Have Significant Detrimental Effects

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Businesses operating in New York state should be concerned about the potential impact of proposed legislation now under consideration in the New York legislature. The so called Consumer and Small Business Protection Act...more

The Volkov Law Group

Supreme Court Cuts Back Wire Fraud Prosecutions

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In a pair of criminal cases , the U.S. Supreme Court delivered a one-two punch to the Justice Department’s prosecution of corruption cases based on violations of the criminal wire fraud statute.  In Ciminelli v. U.S., and...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

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It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Husch Blackwell LLP

Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

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The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more

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