Case Law Update
Court of Appeals Applies Emergency Vehicle Liability Restrictions
New York’s Court of Appeals reinforces the high “reckless disregard” standard for emergency vehicle liability under Vehicle and Traffic Law § 1104, affirming that imperfect judgment or policy violations alone do not establish recklessness.
The Primary Assumption of Risk Defense in Sports and Recreational Activity Claims: What You Need to Know
New York primary assumption of risk defense explained, with analysis of recent Court of Appeals decisions shaping sports and recreational injury claims, liability limits, and defense strategies.
Supreme Court Rules NJ Transit Is Not the State: What Galette v. New Jersey Transit Means for Litigation
Discover the impact of the Supreme Court ruling in Galette v. New Jersey Transit. Partner Patrick Reilly breaks down how this landmark decision resets sovereign immunity for public entities and provides a new roadmap for litigation nationwide.
Appellate Win: How Video Evidence Defeated a Bus Accident Appeal in New York
A New York appellate court upheld summary judgment in a bus accident case after video evidence proved the emergency doctrine defense. Learn how Gerber Ciano Kelly Brady secured the win in Callands v. County of Westchester.
False Start? Is the Appellate Division Dialing Back the Fight on Fraud
We recently wrote about Tavares v. Tuck-It-Away Assoc., where the Appellate Division, First Department affirmed an order granting the defendant leave to assert affirmative defenses sounding in fraud.
Using Recent Court Decisions to Aggressively Defend Our Clients
At Gerber Ciano Kelly Brady, we fight hard to protect our clients’ interests, and we do so by staying ahead of the law and using the latest court decisions to our clients’ advantage.
Tipping the Balance Towards Plaintiffs: Is the First Department Expanding Defendant's Evidence Preservation Obligations?
A spoliation finding can fundamentally alter the trajectory of a case. An adverse inference charge which invites the jury to assume that missing evidence would have been unfavorable can be outcome-determinative on both liability and damages.
