New York Law
New York Changes Impacting Exposure and Defense Strategy For Auto Claims
Big changes to NY auto claims law—new rules could impact exposure and defense strategy. Read the latest update.
New York Court of Appeals Redefines Insurance Priority in Rental Vehicle Accidents
New ruling reshapes insurance priority in rental car accidents—impacting liability, coverage, and claims strategies across New York.
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.
New York Auto Insurance Reform: What Governor Hochul's Proposals Mean for Insurers
New York may be on the verge of its most significant auto insurance reform in decades. GCKB's Joanna Roberto breaks down Governor Hochul's proposed changes — and what they could mean for insurers operating in the New York market.
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.
What Not to Do: What You Don't Know Will Kill Your Client's Case
Most New York litigators know that the state has four Appellate Divisions, First, Second, Third, and Fourth, that decide appeals from the Supreme Court’s 13 judicial districts.
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.
Batten Down the Hatches: A Tsunami is Coming for Third-Party Practice in New York
For decades, third-party practice in New York has existed in a state of uneasy equilibrium—tolerated, leveraged, and often times resented by nearly everyone involved.
The One Two Punch: Court Grants Summary Judgment Dismissing Case on 2 Grounds
In a significant win for our client, the Supreme Court, Queens County granted summary judgment in a slip-and-fall action involving a serious ankle fracture.
STOP-DO NOT PASS GO: Court Shuts Down Plaintiff's Attempt to Try Damages Together with Liability
When it is time for trial, plaintiffs always look for an advantage. This can mean when a case is weak on liability or when liability will be difficult to prove, letting a jury know about the severity of plaintiff’s injuries
