Court: NY App. Div. Dept. 2 – Page 19

October 24, 2013 by mjpospis

No Labor Law § 240(1) Relief For Plaintiff Injured While Cleaning Out Leaves From Roof Gutters

Does “cleaning” include removing leaves from a gutter? According to a recent decision, it does not – at least not within the meaning of New York Labor Law § 240(1). In that case (Hull v. Fieldpoint Community Ass’n, decided Oct. 23, 2013), the Appellate Division, Second Department, affirmed the dismissal of plaintiff’s complaint seeking recovery under Labor Law…

Police Dog Bite Case Continues

In the recent decision of Newsome v. County of Suffolk, the Appellate Division, Second Department, considered the “professional judgment rule” in the context of a negligence claim arising from a police dog bite. Plaintiff, a custodian, was bitten by a “dog employed by the canine unit of the Suffolk County Police Department” while at a…

Claims Adjuster’s Email Sufficient to Enforce Settlement Agreement

I fondly remember, in Miss Schmidt’s fourth grade class, the pride I felt when I “passed” the cursive writing “test” and was rewarded with a ball point pen. Good times. In today’s electronic age, cursive writing is less relevant than it has been in the past. One article even suggests, by reference to the Zimmerman…