Blogs

Posts Categorized: Negligence

Posted: August 22, 2017

Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony

On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Planner, PLLC, 2017 NY Slip Op. 06177, setting aside a jury verdict of professional malpractice against an architect because of the plaintiff’s failure to present adequate expert testimony on accepted architectural standards of practice, explaining: Where, as here,… Read more »

Posted: April 7, 2017

Negligent Representation Claim Fails; No Special Relationship

On April 4, 2017, the First Department issued a decision in Coöperative Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Intl.,” N.Y. Branch v. Atradius Credit Ins. N.V., 2017 NY Slip Op. 02606, affirming the dismissal of a claim for negligent misrepresentation, fraudulent concealment, and breach of fiduciary duty because there was no special relationship between the parties, explaining:… Read more »

Posted: August 16, 2016

First Department Reinstates Contract Claims for Gross Negligence Against RMBS Securitizer

On August 11, 2016, the First Department issued a decision in Morgan Stanley Mortgage Loan Trust 2006-13ARX v. Morgan Stanley Mortgage Capital Holdings LLC, 2016 NY Slip Op. 05781, reinstating a claim for gross negligence against an RMBS securitizer, explaining: In support of its claim for gross negligence, the complaint alleges that Morgan Stanley acted… Read more »

Posted: July 16, 2015

Lead Poisoning Verdict

After a two-week trial before Judge Weinstein, on July 10, 2015, an Eastern District jury awarded $2 million to the plaintiffs in G.M.M. v. Kimpson, 13 CV 5059 (EDNY, July 10, 2015), a residential lead poisoning case. Plaintiffs were a mother and her minor child who rented a basement apartment in a pre-1960 building in… Read more »

Posted: June 19, 2014

Action Against Referral Service Fails

On June 9, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Vista Food Exchange, Inc. v. Benefitmall, 2014 NY Slip Op. 31491(U), dismissing an action against a referral/management service. In Vista Food Exchange, the parties’ dispute began when the defendants allegedly referred the plaintiff, a small food wholesaler, to… Read more »

Posted: May 12, 2014

Court Recognizes Claim for Negligence/Insurer’s Errors and Omissions

On May 1, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in New Hampshire Insurance Co. v. Fresh Direct Holdings, Inc., 2014 NY Slip Op. 31192(U), allowing a policyholder to amend its complaint to add a claim for “Negligence/Insurer’s Errors and Omissions” against an insurer that allegedly failed to tell the policyholder… Read more »