New York Civil Law

New York Attorney General's Complaint AIG

As I am sure that you can get better and more timely coverage of the New York Attorney General's suit against American International Group, I am merely providing you access to the AG's Complaint and accompanying exhibits (Exhibits 1, 2, 3, 4, 5, 6, and 7. As the AG's press release states: The lawsuit alleges that American International Group’s (AIG) former top management, including former Chairman Maurice R. Greenberg and former Chief Financial Officer Howard I. Smith, engaged in numerous fraudulent business transactions that exaggerated the strength of the company’s core underwriting business to prop up its stock price.

New Appellate Decision on Statutory Agent Under Labor Law sec. 240(1)

In Hutchinson v. City of New York, the Appellate Division, First Department addresses if a party constitutes a statutory agent under Labor Law sec. 240(1) in the wake of the New York Court of Appeals' decision in Walls v. Turner Construction Co.  The First Department held that the consultant did not constitute a statutory agent where a general contractor was hired and State-employed engineer; the consultant reported to both the general contract and State-employed engineer.  The Court observed that unlike the party in Walls, the consultant here had no supervisory powers and could not stop work at the construction site if dangerous activity existed.

The New York Court of Appeals Will Determine the Issue of Future Lost Wages for Undocumented Aliens

The Appellate Division, First Department recently granted the New York Attorney General's and the plaintiff's motion for leave to appeal to the New York Court of Appeals in Balbuena v. IDR Realty LLC.  I have posted here and here, the appeal addresses whether an undocumented alien may recover future lost wages that he or she would have earned in the United State but for his or her injuries incurred within the scope of employment in the United States.

In an odd twist of events, the New York Attorney General moved to intervene in Balbuena and Sanango v. 200 E. 16th St. Hous. Corp. -- an appeal addressing the same issue -- after the First Department had decided the appeals.

Thank you to Reed Podell for calling my attention to the First Department's decision on the motions.

New York Civil Law Takes A Break

Because of my current workload, I have not been able to write posts and will be unable to do so until after Memorial Day.  Hopefully my past posts will prove interesting and helpful.  Until next Tuesday, be well!

New York Compensation Insurance Rating Board Now Seeks 16% Increase In Rates

I just wrote in a recent post that the New York Compensation Insurance Rating Board's withdrew its proposal for a 9.5% increase in its manual rate levels.  The Board just released a bulletin seeking a 16% rate increase to be effective October 1, 2005 (see bulletin).  Here is an article about the proposed rate increase in The Insurance Journal.

New York State Senate Confirms New Superintendent of Insurance - Howard Mills

Today, the New York State Senate confirmed Governor Pataki's appointment of Howard Mills as the new Superintendent of the New York State Insurance Department.  Mr. Mill's has some big shoes to fill given that his predecessor, Gregory Serio, did an excellent job of, among other things, fighting fraud in the No-Fault Law.

Here is an article on Mr. Mills confirmation in The Insurance Journal (the article has a link to an audio interview with the Superintendent).  Here is the Department's press release about the confirmation.

New York State Insurance Department Posts Recent Opinion About Choosing an Appraiser

A dearth of case law exists on the ethereal appraisal clause in homeowners' policies.  Therefore, you might find the New York State Insurance Department's recent opinion on choosing an appraiser extremely helpful (see also Insurance Law sec. 3404).

New York Compensation Insurance Rating Board Withdraws Increase Proposal

The Insurance Journal reported last Friday that the New York Compensation Insurance Rating Board has withdrawn its proposed 9.5% rate increase for workers' compensation rates.  The rates will remain at their current levels until October 1, 2005.

A New Albany-Based Blogger

I am really happy that I recently found another Albany-based bloggers.  Warren Redlich writes Albany Lawyer.   The blawg has just started up and Warren writes about topics such as DWI and the New York Court of Appeals' recent decision concerning "serious injury" under the No-Fault Law.

Whatcha' Gonna Do, Whatcha' Gonna Do When They Come For You

In one of the odder decisions I've read in awhile, the New York Court of Appeals in People v. Van Buren/People v. Jeanniton recently addressed whether the Department of Environmental Protection has the authority to enforce traffic laws within New York City's watershed.  The Majority held that the DEP had the authority; however, Chief Judge Kaye dissented and Judge R. Smith dissented in a separate decision, with Judge Rosenblatt joining in the dissenting opinion.

As compared to past years, the Court has had more than its share of divisive cases this Term.