June 29, 2023 | Benjamin J. Wisher |
Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or headquartered.
On Tuesday, the United States Supreme Court issued its opinion in Mallory and held that a business is subject to general jurisdictionRead More
May 15, 2023 | Frank P. Izzo | Joseph Pidel | |
Frank Izzo and Joseph Pidel wrote an article for Law360 on two recent court decisions that implicate the assumption of risk clause.
To read the article, click the link below.
Considerations for Assumption of Risk in NY Sports SuitsRead More
April 10, 2023 | Benjamin J. Wisher |
Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash – another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was significant. Therein, the Second Department held that Governor Cuomo’s Executive Orders during the COVID-19 pandemic “tolled,” rather than “suspended,” NewRead More
March 22, 2023 | Benjamin J. Wisher |
Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque mansions, that City “feeling,” or Upstate’s natural grandeur, staying put may just save yourself or your company from being on the wrongRead More
| Benjamin J. Wisher |
Municipal litigation counsel can continue to sleep soundly. Before the New Year, the New York Court of Appeals, once again, reaffirmed the “special duty” doctrine in Maldovan v. County of Erie.
As any first-year law student learns, the tort of negligence requires a showing that the defendant breached some “duty” owed to the plaintiff. However,Read More
December 14, 2022 | Christina M. Bezas |
The holiday season is one of the most magical times of year in New York. The crisp winter air is filled with excitement as residents transform their homes with festive decorations, bright lights and Christmas trees. Although Christmas trees and holiday decorations bring great joy and holiday cheer, it is important for Lloyd Harbor residentsRead More
November 21, 2022 | Benjamin J. Wisher |
Benjamin Wisher authored the article, “Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable,” for the Albany Law Review.
“Amongst New York’s legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years.Read More
August 17, 2022 | Christina M. Bezas |
Many of Long Island’s residents share a deep love for the area’s dreamy summers. From dense wooded hiking trails to quiet secluded beaches overlooking the Long Island Sound, the area offers residents the perfect environment to enjoy nature and summertime.
In addition to taking advantage of the Island’s coastal areas, many local residents seek respiteRead More
July 13, 2022 | Benjamin J. Wisher |
On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”), including the Statement of Material Facts requirement. We extensively covered AO 270/20 in a previous article, and in another article, we discussed howRead More
July 12, 2022 | Benjamin J. Wisher |
CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the statute of limitations expiring, saving the claim from being untimely. This statute’s reference to “the plaintiff” was recently debated and broughtRead More
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