Posted by Solomon N. Klein, Litigation Partner District Judge Edward R. Korman dismissed an action against the U.S. by the estate and family of a Panamanian woman murdered by a U.S. servicemember in Panama. Rogelio Rodriguez, et al. v. Omar Velez-Pagan, et al. , 17-cv-3911 (E.D.N.Y. Oct. 26, 2018) (ERK) (SJB). The civil case arose... Read more »
Blogs
Posts Categorized: Negligence
Negligent Supervision Claim Dismissed For Lack of Allegations of Prior Knowledge
On August 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Moore Charitable Found. v. PJT Partners, Inc., 2018 NY Slip Op. 31980(U), dismissing a claim for negligent supervision for lack of allegations of prior knowledge, explaining: Defendants argue that the negligent supervision claim fails because plaintiffs have not... Read more »
Judge Ross Dismisses Personal Injury Claim against Airline as time-barred under Montreal Convention
Posted by Solomon N. Klein, Litigation Partner District Judge Allyne R. Ross recently dismissed a personal injury case against Pakistan International Airlines, holding that the time limitations under the Montreal Convention is not subject to tolling under New York law – even if New York law might otherwise apply to calculating the time period. Mughal... Read more »
Commercial Negligence Claims Dismissed Because Defendant Had No Duty to Plaintiff
On February 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Lantau Holdings Ltd. v. General Pacific Group Ltd., 2018 NY Slip Op. 30291(U), dismissing a negligence claim relating to a commercial transaction, explaining: A claim for gross negligence requires plaintiff to demonstrate, inter alia, the existence of a... Read more »
Judge Chen Dismisses Slip and Fall Case after Applying Federal Summary Judgment Standard
District Judge Pamela K. Chen recently granted summary judgment in a slip and fall diversity case that highlights the difference between the summary judgment standards under federal and New York state law. Taylor v. Manheim Marketing Inc., 15-CV-01950 (E.D.N.Y. Nov. 30, 2017). This case offers a reminder to counsel that the federal summary judgment standard... Read more »
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 »
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 »
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 »
Financial Advisor Not a Professional That Can Be Liable for Professional Negligence
On March 24, 2016, the First Department issued a decision in Starr v. Fuoco Group LLP, 2016 NY Slip Op. 02143, holding that a financial advisor was not a professional in the sense that it could be held liable for professional negligence, explaining: While professionals may be subject to tort liability for failure to exercise... Read more »
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 »