In Carrington-White v. Malvey, the Appellate Division, Second Department recently affirmed the plaintiff's summary judgment motion on liability. The matter concerned a rear-end accident, where the defendant struck a cement barrier, causing her vehicle to strike the plaintiff's vehicle. In opposition to the plaintiff's summary judgment on liability, the defendant contended that she must have been struck from behind by an unidentified vehicle immediately before striking the plaintiff. The Second Department agreed with the trial court that the defendant's contention was pure speculation and failed to raise a triable issue of fact.
The Appellate Division, First Department in Osowski v. AMEC Constr. Mgt., Inc. addressed a confidential settlement agreement between the plaintiffs and the defendants. The plaintiffs and defendants entered into a settlement agreement to perform an end-run around a contractual waiver of subrogation contained in an Owner Controlled Insurance Program. The opinion concerns issues surrounding the disclosure of confidential settlement agreements and the importance of forthrightness where the court orders disclosure.
New York Civil Law posted about Affri v. Basch earlier this year. The appeal will be argued this Session. The Appellate Division decision does not reveal much as to what the novel issue concerns. As what can be discerned from the terse Appellate Division decision, the issue surrounds the homeowner's exception to Labor Law sec. 240(1). Affri seems to concern whether the homeowners' aesthetic decisions and general supervisory work regarding the project precluded them from enjoying the homeowner's exception. When the Court's argument summaries are released, I'll write more about this appeal.