Happy First Tuesday.
The New York Court of Appeals has several interesting appeals before it today (the first day of the 2007-2008 Term):
In the Appellate Division, First Department, the Majority held that:
(1) as a matter of first impression, Comptroller had authority to conduct audits of Superintendent of Insurance's handling of dissolution/rehabilitation of distressed insurers, and to post-audit Liquidation Bureau's financial management and operations, and
(2) Comptroller's audit power was not limited to Bureau's handling of abandoned property.
The appeal addresses the following workers' compensation law issue: whether the value of future workers' compensation benefits to be awarded to a claimant with a nonscheduled permanent, partial disability is speculative. See prior posts here and here.
Appeal addresses jury instruction and standard of care applied to transit authority. The plaintiff was injured on a city bus by using a defective strap. The issue is whether court properly instructed the jury with the law that the defendant, as a common carrier, is required to know and is charged with knowing the danger that faulty equipment may reasonably pose to its passengers.