NYC Buildings Commissioner Launches No-Penalty Deck And Porch Inspection Program

Every homeowner is required by law to maintain their decks and their properties in a safe condition at all times. To prevent accidents from occurring, on June 21, 2010 the New York City Buildings Department launched the No-Penalty Deck and Porch Inspection Program, an initiative to help property owners throughout the City ensure their decks and porches are structurally sound … Read the rest

New York State Bar Unveils New Legislation to Reduce Wrongful Convictions and to Compensate Those Wrongfully Convicted

In 2008, the New York State Bar Association (NYSBA) created a permanent Task Force on Wrongful Convictions. The task force examined 53 cases where a defendant was wrongfully convicted of a crime but later exonerated. In a report issued last year, it concluded that wrongful convictions resulted from multiple factors including identification procedures, government practices, mishandling of forensic evidence, defense … Read the rest

Wiitis Is Not Just a Funny Name

Once in a while discussions about injuries resultant from playing Nintendos games are published. Ailments have humorously been labeled “Nintendinitis” and recently more specifically as “Wiiitis,” referring to Nintendos Wii video-game system. The Wii games console includes a wireless remote that detects movement in three dimensions for players participating in sports such as tennis, golf, boxing, baseball, and bowling. Wiitis … Read the rest

Attention Taxi Drivers in New York City: No Electronic Devices Allowed While Driving. Period. Or Else.

For more than ten years, Taxi and Limousine Commission rules have prohibited drivers from using cell phones while driving. In May, 1999, the Commission was the first regulator in the country to ban hands-free cell phone use while driving. Now the TLC has gone further. Effective January 29, 2010, the ban against licensees using a telephone while operating a vehicle … Read the rest

NYSBA Annual Meeting Hits Hot Topics of Wrongful Convictions and Attorneys Use of Social Media

The New York State Bar Association (NYSBA) had its annual meeting in New York City this week. For the past number of years the meeting has featured a Presidential Summit at which the Bar President chooses hot topics of the day for a distinguished panel to discuss. This years topics were wrongful convictions and attorneys use of social media, which … Read the rest

Court Finds Itself Without Power to Remedy a Misleading Construction Site Insurance Policy Whose Exclusions Render The Supposed Coverage Meaningless

In 720-730 Fort Washington Ave. Owners Corp. v. Utica First Ins. Co., — N.Y.S.2d —-, 2009 WL 3645656 (N.Y.Sup. 2009), an insurance policy was purchased to protect against injuries sustained by workers injured during roofing work. Somehow, the policy included three exclusions: an employee exclusion, an exclusion for roofing work, and an exclusion for any liabilities assumed under contract or … Read the rest

Governor Paterson Signs Child Passenger Protection Act Making It a Felony for First-Time DWI With Children in the Vehicle

The Child Passenger Protection Act, now known as Leandras Law, discussed in our recent blog entry of November 9, was signed into law by Governor David A. Paterson on November 18, 2009. The legislation makes it a felony for individuals to drive while intoxicated or under the influence of drugs (DWI) with children in the car. Previously, this was considered … Read the rest

Son of Sam 10% Exemption Applies to Inmate’s Medical Malpractice Settlement

Under New Yorks Son of Sam law, a crime victim has the right to bring a civil action to recover money damages from a person convicted of perpetrating that crime within 3 years of the discovery of any profits from the crime or funds of the convicted person. The law states that the first 10% of compensatory damages awarded by … Read the rest

Nursing Home, Even Though an LLC, is Criminally Liable for Its Employees Failure to Provide Required Care to Patient

Highgate LTC Management, LLC, a limited liability company, operated Northwoods Rehabilitation and Extended Care Facility (Northwoods) in Cortland County. Following a 2005 investigation into the care of a patient at Northwoods who was in a persistent vegetative condition, five of its employees were convicted of various crimes relating to their failure to provide required care to that patient, despite stating … Read the rest

The Child Passenger Protection Act Should Become Law

Governor David A. Paterson hassubmitted legislation, known asThe Child Passenger Protection Act, to increase penalties on those who drive while intoxicated (DWI) with children in the car. The Act would make it a felony for individuals to drive while drunk or under the influence of drugs with passengers under the age of 16. Currently, such an offense is considered no … Read the rest