New York’s Wrongful Death Statute Remains Untouched – For Now
In the waning hours of January 30, 2023 – the deadline to sign New York’s Grieving Families Act1 into law – Governor Kathy Hochul instead vetoed the legislation, which had passed both houses of the legislature with significant bipartisan s
Potential Emotional Damages for Wrongful Death in New York
Written by: Nicole Callahan, Esq. and Daniele DeZago, Esq. I. INTRODUCTION The New York Legislature recently passed Bill S74A, also called the Grieving Families Act, which would amend sections of the EPTL that provide for the typ
First Department Holds that SOL Tolling Under Lavern’s Law for Delayed Cancer Diagnosis Does Not Apply in Ford v Lee
Author: Jeffrey T. Wolber The First Department reversed a Bronx County Supreme Court order denying the defendants’ motion to dismiss pursuant to the statute of limitations in Ford v. Lee, 2022 NY Slip Op 01414 (1st Dept Mar. 8, 2022). The case
The Brave New World of New York Insurance Disclosure
Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. New York’s governor closed 2021 by signing into the law the Comprehensive Insurance Disclosure Act (CIDA), which placed onerous new insurance disclosure requirements on
Siegel – Is the QA Privilege Eroding?
Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. At the end of 2021, the Appellate Division, Second Department revisited disclosure and New York’s Quality Assurance (“QA”) privilege in Siegel v. Snyder, No.
Nursing Homes Challenge New York’s Profit Cap as Unconstitutional
Written by: Jeffrey T. Wolber, Esq. Edited by: Nicole A. Callahan, Esq. A group of over 200 nursing homes are challenging a New York law that sets a cap on their profits. The lawsuit was filed on December 29, 2021 in the U.S. District Court for
Yonkers City Court Confirms Emergency Vehicle Rule Scope & Burden
Author: Benjamin Youssef Editor: Nicole A. Callahan, Esq. The scope of New York Vehicle and Traffic Law (VTL) §1104 has been reaffirmed in a decision issued by the Honorable Judge Evan Inlaw of Yonkers City Court, who issued a decision in State
Orange County Supreme Court Dismisses Claims of Nursing Home Negligence related to Pressure Ulcers and Fungal Dermatitis without Prejudice under the EDTPA in Crampton v. Garnet Health
Written by: Jeffery T. Wolber, Esq. Judge Bartlett of Orange County Supreme Court granted a partial motion to dismiss under §3211(a)(7) (failure to state a claim) based on the civil immunity provided by New York’s Emergency or Disaster Treatm
Attention New York Employers: What to Know About New York’s Expanded “Whistleblower” Law
Written by: Joseph A. Keane, Esq. On January 26, 2022, New York’s expanded “whistleblower” law goes into effect. The amendments to Section 740 of the New York Labor Law will increase the categories of covered workers protecte
Lennon: Parting the Red Sea of Collateral Estoppel Defenses
Written by: Joshua T. Reese, Esq. In an Opinion and Order handed down on September 15, 2021, the Appellate Division, Second Department examined the nuanced collateral estoppel effects of a Workers’ Compensation Board determination on a related