New York Court of Appeals News

New York’s Top Court Weighs Child Victim Act Lawsuit Standards

Lawyers sparred before New York’s top court Wednesday over how specific a man alleging sexual abuse decades ago needs to be in his lawsuit against the state in a case that’s being watched by advocates concerned about the legal standards …

New York High Court Upholds Uber Arbitration Mandate For Previously-Filed Injury Case

In a 5-2 decision, New York State’s high court this week upheld Uber’s “clickwrap” agreement requiring arbitration of all disputes in a case of a passenger who was injured by another vehicle after exiting an Uber car. The woman had …

Town’s Highway Supervisor Not Exempt From Liability for Crash

A New York town’s highway superintendent is not protected from liability for a collision with another vehicle because he was not actually engaged in work on a highway at the time of the accident, New York’s highest court recently ruled, …

New York’s High Court Upholds Insurance Mandate for Medically Necessary Abortions

New York can continue to require companies with health insurance plans to cover medically necessary abortions, the state’s highest court ruled Tuesday. The Roman Catholic Diocese of Albany and other church groups challenged the rule, arguing that the policy’s exemption …

New York’s High Court Backs Insurer’s Denial of COVID-19 Business Interruption Claim

New York state’s highest court has affirmed that there must be direct physical loss or damage, not just presence of a virus, to trigger coverage under a commercial property policy for COVID-19 business interruption losses. The Court of Appeals upheld …

New York High Court: Insured’s ‘Mutual Mistake’ Argument Came Too Late

New York’s highest court reversed a $4.5 million judgment against an insurer that denied a fire damage claim by the owner of a vacant commercial building because the owner had not installed an automatic sprinkler system required by the policy. …

New York’s Top Court Overturns $16.5 Million Talcum Powder Cancer Verdict

The New York Court of Appeals has nixed a $16.5 million jury verdict won by the estate of a woman who died from cancer that she claimed was caused from cosmetic talcum powder. The high court found that the woman’s …

Insurance Fraud Case in New York May Impact First Party No-Fault Benefits

A high-profile insurance fraud case on appeal in New York is being closely watched by fraud fighters across the country for the impact the decision will have on no-fault law. The case, Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, …

New York’s High Court Rules on Joint Duty to Warn of Asbestos Danger

New York’s highest court has upheld court judgments against a steam valve manufacturer, citing its failure to warn of the dangers of using its valves with gaskets and packing that contain asbestos. The Court of Appeals rejected Crane Co.’s argument …

New York Court Examines Scope of Scaffold Law in 2 Injury Cases

The New York Court of Appeals, the state’s highest court, ruled on two injury cases on April 2, examining whether the injuries in those cases fit within the scope of the state’s Labor Law 240, popularly known as the Scaffold …