Publications
Where there is privity, or its functional equivalent, statute of limitations begins to run on claim against contractor upon completion of work.
The plaintiffs commenced this action in 2018 to recover for fire damage to their home allegedly caused by an improperly installed fireplace.
Case Law Alerts, 1st Quarter, Apri
On claim for delay damages, existence of no-damage-for-delay clause in construction agreement is insufficient to establish entitlement to dismissal where conduct or conditions were not contemplated at time of contractor’s bid.
The plaintiff-contractor sought to recover damages for breach of a construction contract for the renovation of a school, alleging that the defendant impeded, interfered with and delayed the plaintiff’s work, made excessive and untimely changes to
Case Law Alerts, 1st Quarter, Apri
Third-Party claims for common-law contribution and indemnification are not cognizable where the underlying claim seeks to hold the defendant liable for its own conduct and the claim is for economic loss seeking only the contractual benefit of the bargain.
In March 2014, the plaintiff retained the defendant Branded Concept Development, Inc. as project manager to oversee the renovation of premises where it planned to relocate its business.
Case Law Alerts, 1st Quarter, Apri
Florida appellate decision alters how the business judgment rule may be used when defending condo associations and their officers and directors.
In Florida, the business judgment rule cloaks associations as well as officers and directors of condominium and homeowners’ associations with protection from their decisions made in carrying out corporate business on behalf of the association.
Case Law Alerts, 1st Quarter, Apri
Presuit investigation not required as language in complaint against medical facility alleged general negligence, not medical negligence.
A trial court determined that a presuit investigation was not required as the language in the complaint against a medical facility alleged general negligence, not medical negligence.
Case Law Alerts, 1st Quarter, Apri
Marriage is not enough to establish privity related to collateral estoppel or res judicata.
In 2019, a Justice of the Peace Court action was brought by Paulette Pace against Chelsea Jester for property damage to Paulette Pace’s recreational vehicle.
Case Law Alerts, 1st Quarter, Apri
Biomechanical engineer permitted to testify as to how an accident occurred, but not with respect to the plaintiff’s ability to withstand physical forces.
The plaintiff filed a motion to exclude the defendant’s biomechanical engineer expert form testifying at trial.
Case Law Alerts, 1st Quarter, Apri
Application of assumption-of-risk and waiver-of-liability clauses in member agreement upheld regarding slip and fall, and denial of oral attempt to amend pleading to add claim for gross negligence affirmed.
The plaintiff alleged that as she was leaving class at a hot yoga studio, she slipped and fell on sweat on the floor.
Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developm
Court rules Labor Law 240(1) applicable to pulling forces.
The Appellate Division, First Department ruled that proof that the wooden dunnage pulled the plaintiff down 3.5′ to the loading dock floor was entitled to summary judgment on Labor Law §240(1) because the dunnage was inadequate to prevent the plai
Case Law Alerts, 1st Quarter, Janu
Plaintiff barred from re-litigating qualified immunity based on collateral estoppel as the same analysis would be used by state court as was used by federal court for state-based claims.
The plaintiff asserted federal and civil rights claims against various police officers surrounding his shooting.
Case Law Alerts, 1st Quarter, Janu