New York Civil Law

New York Court of Appeals Determines Another Labor Law sec. 240(1) Case

Earlier today, the New York Court of Appeals decided Berg v. Albany Ladder Co. -- a matter concerning Labor Law sec. 240(1).  In Berg, the plaintiff was hurt during the course of unloading steel trusses from a flatbed truck at a construction site.  The Appellate Division, Third Department Majority determined that the accident was not caused by the lack of a required safety device but, rather, by the improper movement of the trusses moved by a forklift.  The Court of Appeals affirmed, holding that the plaintiff failed to raise an issue of fact as to whether his fall was caused by the lack of safety device set out in sec. 240(1).  The Court seems to hint that this fall from approximately 10 feet up is not the type of height covered under sec. 240(1), citing Toeffer v. Long Island R. R.

New York Court of Appeals Addresses Spectator's Assumption of Risk

In a short sua sponte merits decision, the New York Court of Appeals in Roberts v. Boys & Girls Republic, Inc. upheld that the plaintiff assumed the risk that resulted in her injury -- being hit in the face by a baseball bat while a spectator at a little league baseball game.  Here are the facts as described by Justice Kavanagh in his dissent below; you decide whether the plaintiff assumed the risk of her injury.

The Plaintiff was at the park to watch her son's little league practice. When the accident occurred, she was standing on a path that went from the entrance of the park to the spectator bleachers adjacent to baseball "Field Six. "  Along the third base side of Field Six ran a chainlink fence that separated the bleachers from the field of play, and which had an opening that allowed entry onto the field of play. Field Six lay in front of the bleachers; behind the bleachers was a separate, grassy area where the plaintiff's son's little league team was practicing. During the practice, the plaintiff sat on the bleachers. When the practice concluded, the plaintiff met her son with his team and coach on the path on the spectator's side of the opening in the fence that led to Field Six. Another team was on Field Six at this time playing a scrimmage game. After speaking briefly to her son and Coach Alameda, the plaintiff proceeded to walk toward the bleachers. Unbeknownst to the plaintiff, as she approached the bleachers she walked near an area that had been unofficially designated as an "on-deck" circle, where one of the players involved in the scrimmage on the field was standing with an aluminum bat. The player took a warm-up swing with the bat while standing off to the side of the plaintiff and struck her on the right side of her face, causing injuries, including a concussion, fractures to the upper and lower jaw and loss of teeth.

Appellate Division, First Department Addresses Falling Object Issue: Labor Law sec. 240(1)

The New York Court of Appeals several years ago handed down an enigmatic case regarding falling objects under Labor Law sec. 240(1): Outar v. City of New York.  Since then, parties have tried to twist the terse Outar decision.  The Appellate Division, First Department in Metus v. Ladies Mile, Inc. cited Outar, holding that the junior beam (which hit the plaintiff in the face) was a "falling object" for purposes of Labor Law § 240(1) protection.  The Court noted that the beam was situated 8 to 9 feet above the ground and was actually part of the scaffold upon which the plaintiff's co-worker was standing.

Urban Justice Center's 22nd Beer, Blues and Barbecue Fundraiser

Nicole over at the Urban Justice Center sent me this information about an upcoming fundraiser in New York City:

The Urban Justice Center's 22nd Annual Beer, Blues, and Barbecue fundraiser happens on June 11th at the West Side Loft (326 W. 37th St), starting at 6:00 PM.  I’ve attached a copy of the invitation: 

Download BBBQ_EMAIL.pdf

Here are some details about the event:

Hundreds of young professionals representing New York City's leading law, financial and real estate firms join together every year to support the UJC's mission of advocating for individual rights and creating systemic change through this fun and exciting event.  This year, the party includes: a mechanical bull, Virgil’s BBQ, a live band, an open bar (including Brooklyn Brewery and Dewar's 12), a live auction, photo booth, and raffles.  Proceeds from this year's benefit will support our efforts to achieve social justice.

New "New York Civil Law Poll"

The poll regarding citing a weblog was up too long, so I'm cleaning house.  The question asked: "Would you cite a professor's or noted attorney's webog post as persuasive authority in a legal document or scholarly article?  The poll was almost evenly split: 48.4% said yes and 51.6% said no.  Although extremely informal, the poll lends even more legitimacy to weblogs.

Take a look at the new "New York Civil Law" poll and vote.

Because of its ubiquitous nature, I'm curious on your take about the Wikipedia's place in legal documents.  More and more judges are citing the Wikipedia in published decisions.  How comfortable are you with citing to the Wikipedia?

Appellate Division, First Department Now Offers Decisions and Orders in .pdf and HTML Format

Did I miss something?  From what I can see, the Appellate Division, First Department recently added a feature similar to the Second Department.  The Court website now offers its Decisions and Orders in .pdf or HTML format. 

Hopefully the Court will follow the Second Department's lead and offer access to the appellate briefs.  Let's keep our fingers crossed.

New Visual Search Engine In Beta

I came across this search engine that I thought you would be interested in: Searchme Visual Search.  This search engine provides query results by visually depicting the screen shots displayed like those old-time juke boxes. As you type in the query, topics represented in graphics appear below.

Searchme Visual Search is currently in Beta.

Malfunctioning Traffic Signal and Proximate Cause

What happens when a person is injured in a motor-vehicle concerning a malfunctioning traffic signal?  See Munoz v. City of New York, which held that the malfunctioning traffic signal was not the proximate cause for the plaintiff's accident with another motor vehicle.

New New York Insurance Coverage Blawg -- Coverage Counsel

New Yorkers represent when it comes to the legal blogosphere.  Add another N.Y. blawger to the list: Roy Mura edits Coverage Counsel.  The blawg is case law focused and Roy is an experienced attorney, who offers his expertise to each post.  Please help me welcome Roy and Coverage Counsel to the blogosphere.

New York Civil Law --- Back In the Swing of Things

Since January 2008, things have impinged my ability to blog on a regular basis.  I've had 5 presentations in the span of a month-and-a-half and just finished co-writing a chapter on the trade secret privilege for a compendium.  Other things have also kept me busy working and not blogging half as much as I wanted to.

So what's with this post?  It's a bit of a celebration.  I've gotten through a busy couple of months and am ready to start blogging about some great cases that I've neglected in the past months and cases that have been recently handed down.  I'm also going to a bit of spring-summer cleaning on the blawg.

So, thanks for your patience and continued dedication to reading "New York Civil Law."