palsgraf – Pospis Law, PLLC

September 25, 2015 by mjpospis

Court Reinstates Negligence Claims Against City Arising From Fatal Shooting By Off-Duty Officer

Every first-year law student reads the case of Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928], arguably the leading case in New York on the issue of whether a defendant had a duty to plaintiff in a negligence case. In Gonzalez v. City of New York, 2015 Slip NY Slip Op 06869 (App. Div.…

SDNY Applies Palsgraf to Deny Recovery to Con Edison in 9/11-Related Litigation

The SDNY recently held, in In re September 11 Litigation, 04-cv-7272 (Sept. 23, 2011), that the absence of duty doomed Con Edison’s negligence suit against various defendants arising from the destruction of its power station following the collapse of 7 World Trade Center on September 11, 2011. Specifically, Con Edison sued the builder and developer…