Court of Appeals Finds that “Stairway” was the Functional Equivalent of a “Sidewalk”

In the case of Hinton v. Village of Pulaski, a majority of the New York Court of Appeals found that a stairway is a functional equivalent to a sidewalk as it pertained to local village law.  The case arose out of a fall that the plaintiff had while descending an exterior stairway leading from a municipal parking lot to a public road. The plaintiff did not provide written notice of the fall to the Village, but subsequently commenced an action against the Village.
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Court of Appeals Rules: Specific Contract Language Governs Reinsurance Liability Cap

The issue that has recently plagued the insurance world is the question of whether New York State law requires in its insurance contracts a rule of construction or presumption regarding the contract’s liability limitations and caps on the reinsurance available to cover defense costs. Continue reading “Court of Appeals Rules: Specific Contract Language Governs Reinsurance Liability Cap”

Appellate Division Holds that Liability May be Imposed on the City for Negligence in Hiring an Officer with Violent Propensities

The case concerned a young mother who had maintained a relationship with a New York City Police Officer 22 years her senior, since she was 16.  In July 2007, he shot and killed her, then shot and killed himself.  The victim was survived by her infant daughter.  The administrator of the estate alleged that before the murder, numerous complaints were made to the City regarding the officer’s abusive conduct toward the victim and her daughter.

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