On April 3, 2018, the Court of Appeals addressed whether a plaintiff must establish the absence of their own comparative negligence to obtain partial summary judgment. Both the trial court and appellate court below had denied plaintiff’s motion for partial summary judgment on the basis that there were triable issues of fact regarding plaintiff’s comparative negligence. The Court of Appeals in considering the issue focused on the plain language of the statute and legislative intent concerning CPLR §§ 3212, 1411 and 1412. In doing so, the Court found that placing the burden on the plaintiff to show an absence of comparative fault would be inconsistent with the plain language of CPLR 1412.  The Court also noted that where a plaintiff is awarded partial summary judgment on defendant’s negligence, it would…

In Celani v Allstate Indem. Co., 2017 NY Slip Op 07799 (4th Dept. 2017), the plaintiff, individually and on behalf of her daughter (hereafter, infant), commenced an action seeking damages for injuries sustained when the infant was accidentally shot with a gun that was owned by her father, defendant Louis Territo (father). Plaintiff previously filed a claim on the infant's behalf with Allstate Indemnity Company (defendant) pursuant to a homeowner's insurance policy issued to the father. Defendant disclaimed coverage on the ground that the policy excluded coverage for "bodily injury" to an "insured person," and that the infant was an "insured person" because she was a relative of the policyholder, her father, and a "resident" of his household. Plaintiff alleged in the amended complaint that the infant's injuries were caused…

There is just one last bill on Governor Andrew Cuomo’s desk from last year. There were 606 bills that were passed by both of New York’s legislative houses. All have been signed or vetoed except for Lavern’s Law - a law that Gov. Cuomo previously stated he supported and would sign. The bill is named for Lavern Wilkinson, who went to Kings County Hospital with chest pain. A radiologist saw a suspicious mass on the x-ray but Ms. Wilkinson was not told. When it was later found again, after her complaints had worsened, the medical malpractice statute of limitations had already expired. By then, unfortunately the cancer had spread and was terminal. The bill was sent to the Governor during the holiday week for signature. Gov. Cuomo has until February…