Category Archives: Uncategorized

Rodriguez v. City of New York Makes Plaintiff’s Negligence Personal Injury Actions Partial Summary Judgment Motions Success Easier

“This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant’s liability, when, as here, defendant has arguably raised an issue of fact regarding plaintiff’s comparative negligence. Stated differently, to obtain partial summary judgment in a comparative negligence case, must plaintiffs establish the absence of their own comparative negligence. We hold that a plaintiff does not bear that burden.”  Rodriguez v City of New York, 2018 NY Slip Op 02287, Decided on April 3, 2018, New York Court of Appeals. Feinman, J.

More Free CLE

This website provides numerous on-line free CLE, some of which provide CLE credits in NY and some that don’t, but provide you with enough information to request self-study credit by contacting your state bar organization directly.



*All you wanted to know about how they fill out a Police Accident Report (MV-104A) but were afraid to ask.

The State of New York, Department of Motor Vehicles, Police Accident Report Manual, with Truck and Bus Supplement can be found here. It is broken down into parts and the Cover page and Table of Contents and the first four pages can be found here.

The manual has also been added to my list of links.

*When is an Owner not an Owner for Labor Law §241(6) Purposes? And When is a Non-owner an Owner for Labor Law §241(6) Purposes?

In Scaparo v Village of Ilion decided on December 1, 2009, a unanimous Court of Appeals set forth the standard for who is an owner under Labor Law §241(6), when the owner did not contract for the work performed on its property, by relying upon a case that set the standard in a Labor Law §240(1 ) case.

“In cases imposing liability on a property owner who did not contract for the work performed on the property, this Court has required “some nexus between the owner and the worker, whether by a lease agreement or grant of an easement, or other property interest” (Abbatiello v Lancaster Studio Assoc., 3 NY3d 46, 51 [2004]). Here, although the accident occurred on HCIDA’s property, HCIDA did not contract with the Village of Frankfort to have the sewer lateral installed, it had no choice but to allow the Village to enter its property pursuant to a right-of-way, and it did not grant the Village an easement or other property interest creating the right-of-way.”

They also discussed the circumstance when a non titleholder can be an owner under Labor Law §241(6), however finding that not to be the case in this case.

“Courts have held that the term “owner” is not limited to the titleholder of the property where the accident occurred and encompasses a person “who has an interest in the property and who fulfilled the role of owner by contracting to have work performed for his [or her] benefit” (Copertino v Ward, 100 AD2d 565, 566 [2d Dept 1984]; see also Reisch v Amadori Constr. Co., 273 AD2d 855, 856 [4th Dept 2000]). Here, although the Church agreed to pay for the cost of materials, the Church had no interest in the property over which the sewer lateral was placed. Notably, municipal employees working at the site testified that no representative from the Church was present at, or gave directions during, the excavation work. Moreover, the testimony adduced indicated that the Village assumed full responsibility for installing the lateral sewer line and acknowledged that the lateral would be available for use by future property owners in the area who wished to connect to the Village sewer system.”

The lower court decision can be found here.

I note that I am using a new service of Google, Google Scholar to link some of the decisions cited above. With Google Scholar you can search articles, theses, books, abstracts and court opinions, from academic publishers, professional societies, online repositories, universities and other web sites.

*What Congress Giveth, They Giveth in Greater Amounts.

Now a special Guest Tax Post from Adam R. Gorlovsky-Schepp, CPA, CIA, CPCU:

Back on November 6th, President Obama signed into law H.R.3548 – Worker, Homeownership, and Business Assistance Act of 2009, It did a few things.

1. Extended Unemployment Benefits, which seems useful based on the news at
2. Extended the $8k New HomeBuyers Tax Credit
3. Added a NEW! $6.5k HomeBuyers Credit for those who have lived in a home for more than 5 years.
4. Increased the income limited for these credits by about $100k.

More details here

Alas I still feel bad for those who bought their home 3 years ago and still have jobs. They got no help from the Goverment, their house is worth 10-20% less then they paid for it (Bye Bye Down Payment) and they have to work to make money.

Oh well. Maybe the New Health Care bill will have some goodies for the middle class.

– Adam

*The Great Experiment

My friend, Mike Siris, thinks that I should have a blog.  My wife has one at: CarolSuesFood (Visit it for restaurant recommendations.) So I guess I should have one too.  Carol’s is devoted to good dining, something she loves and as one of my loves is the law, it only seems appropriate that, that be the focus of my blog.
I will therefore be posting my e-mail blasts to this blog and maybe a few things that don’t deserve that form of distribution.  That way those who want to reference something that I sent out, can find it here, without having to write me and ask me to send it to them again.
The frequency I will try to maintain will be at least once a week and but maybe more frequently, if the mood so moves me. Feel free to comment, with your corrections or additions or disagreements. From this we can all learn. And if you have something that you think I should bring to the attention of others through this blog, let me know and we shall see.
Good night and have a pleasant tomorrow.