CASE LAW DEVELOPMENTS Claimant’s Death Benefits Claim Arising Out of Death of Volunteer-Spouse at World Trade Center Site Held to Be Untimely Possible Extension of Time Available Only to “Volunteer,” Not Claimant-Spouse In Matter of Garcia v. WTC Volunteer, 2025 N.Y. Slip Op. 06360 (Nov. 20, 2025), the decedent, the claimant’s spouse, had volunteered at the … Continued

CASE LAW DEVELOPMENTS Majority of Court of Appeals Refuses to Overturn Precedent Limiting Recovery for Damages for Purely Emotional Harm for Prenatal Injuries Dissent Believes Stare Decisis Should Not Stand in the Way of Bringing State’s Common Law “in Accord with Justice” In Sheppard-Mobley v. King, 4 N.Y.3d 627 (2005), the Court of Appeals held … Continued

CASE LAW DEVELOPMENTS Second Department Gives Primer on Varying Standards Under CPLR 4404(a) Court Holds That Jury Could Be Instructed to Consider Whether the Accident Actually Happened as Plaintiff Claimed In Krohn v. Schultz Ford Lincoln, Inc., 2025 N.Y. Slip Op. 05072 (2d Dep’t Sept. 24, 2025), a personal injury action, the jury found that … Continued

CASE LAW DEVELOPMENTS Court Holds There to Be No General Jurisdiction Over Defendant Maintaining Rental Locations in New York…and 49 Other States Not Enough to Get Further Discovery In Manning v. Budget Rent A Car, 2025 N.Y. Slip Op. 04644 (2d Dep’t August 13, 2025), the plaintiffs brought this action against Budget Rent A Car … Continued

CASE LAW DEVELOPMENTS Filing for Benefits Under September 11th Victim Compensation Fund Results in Waiver of Right to Maintain Civil Action VCF Legislation Provides Choice of Remedies: File a Claim or Bring an Action As the website advises, “[t]he September 11th Victim Compensation Fund (VCF) is a federally funded program that was established to compensate … Continued

CASE LAW DEVELOPMENTS Court of Appeals Holds that Petitioners Not Entitled to Judgment on Promissory Estoppel Cause of Action Finds There to be No Clear and Unambiguous Promise New York City is required by law to provide health insurance coverage for City retirees. Prior to 2021, and for more than 50 years, the City offered … Continued