The New York Appellate Division, First Department, has ruled that Travellers, the major insurance company, must defend New York City in a personal injury suit that was brought against it. Travellers had been trying to avoid being entangled in the case, saying that they had no responsibility to defend the city in the suit. However, the court ruled that the contractor’s insurance policy also covered the City, meaning the insurer must defend the City in court.… Read the rest
A Notice of Claim is a legal document that the State of New York requires to be prepared and served prior to bringing a lawsuit for damages against a municipal or government entity. The purpose is to provide advanced notice to such agencies that they may be sued for such damages and afford them time to investigate the circumstances and merits of potential claims while the information is still readily available. In New York, the notice of claim must be filed within 90 days from the event giving rise to the cause of action.… Read the rest
According to the New York City Police Department, police shot and killed eight subjects last year compared to 93 in 1971, the year to which reliable data on firearms discharges may be tracked. An additional 16 were wounded last year – another record low. The number wounded in 1971 was 221.
The record lows were recorded despite significant increases in the both the department’s headcount and capacity of its firearms compared to the 1970s. There were approximately 4,000 fewer officers (31,000 total) on the force in 1971 compared to 35,000 last year. Prior to 1993, New York City police officers … Read the rest
Slip and fall cases can be notoriously difficult cases in which to prevail, especially when the location of the accident is in a public area, such as a sidewalk or a parking lot. A key requirement is often the existence of prior written notice to the municipal property owner. But recently the Court of Appeals in San Marco v. Village/Town Of Mount Kisco, 2010 WL 5104993, 2010 N.Y. Slip Op. 09197 (December 16, 2010), held that since the black ice hazard at issue may have been created by the municipality’s negligent snow removal efforts, and, if so, the municipality may … Read the rest
In the Court of Appeals decision in Johnson v. City of New York, 2010 WL 4720753 (November 23, 2010), five police officers got into a shootout with a robbery suspect at 126th Street and Lenox Avenue in Manhattan.
Plaintiff Tammy Johnson was playing with her 18-month-old daughter and socializing with neighbors on 126th Street near her residence when she heard gunshots, and she and her daughter took cover by lying on the ground behind an SUV. An errant bullet struck Johnson’s elbow, and she commenced a negligence action against the City on behalf of herself and her daughter.
A … Read the rest
Holding a municipality liable in negligence for personal injuries sustained as a result of a third-party is often a difficult task because the plaintiff must show a “special relationship” between the plaintiff and the police department – a multi-prong test that is difficult to satisfy. The plaintiff circumvented these problems by bringing a 42 U.S.C. 1983 action alleging violation of her Fourteenth Amendment rights to due process.
The U.S. Court of Appeals for the Second Circuit held that the victim of domestic abuse alleged sufficient facts from which a jury could find that it had implicitly but affirmatively sanctioned abuse … Read the rest