General Liability Defense Visit Practice Area →
New York Court of Appeals Holds that Foreign Corporation's Designation of an Agent for Service of Process is not Consent to General Jurisdiction.
On October 7, 2021, the New York Court of Appeals addressed the issue of whether a foreign corporation consents to general jurisdiction by registering to do business in the State of New York and designating a local agent for service of process as required by Article 13 of the NY Business Corporation Law in order to be authorized to transact business in the state. Litigation associate Cara M. Pascarella advises.
Governor Cuomo announced yesterday that New York’s COVID state of emergency, in place since March 7, 2020, has expired as of today, June 24, 2021. What this means in terms of remote notarization of documents is unclear as the Governor had issued Executive Order 202.7 providing for remote notarization of documents, which had been extended through and including July 5, 2021. In essence, we have conflicting guidelines as to how to treat this issue.
Hurwitz & Fine had three victories and five attorneys published in The Harmonie’s Group's annual significant cases publication for 2020.
Discovery of Personal Injury Loans and Litigation Financing Under the “American Rule” in Non-Loser Pay Jurisdictions
The United States, for the most part, stands alone in the world of civil litigation by not following the “English Rule” that the party who loses in court pays the other party’s legal costs. The “American Rule” is that the prevailing party in most litigation across the United States is unable to recover attorneys’ fees or significant litigation costs, although some specific types of claims have statutory provisions for attorneys’ fees, or parties may otherwise provide for attorneys’ fees through contract. Rather than attorneys’ fees, the prevailing party is usually able to recover statutory “costs” or “fees” from their opponent, and while such awards vary between individual states and federal courts, they are typically nominal.
Labor Law attorney Timothy Welch offers insight into the potential Labor Law pitfalls for construction managers.
New York Civil Practice Update: Understanding Administrative Order 270.20 and the Substantive Changes to the Uniform Civil Rules for the New York Trial Courts
Beginning February 1, 2021, many substantive and notable revisions to the Uniform Civil Rules for the New York Supreme and County Courts will take effect pursuant to Administrative Order 270/20 issued by Hon. Lawrence K. Marks, Chief Administrative Judge of the Courts. The order contains 29 additions and revisions that borrow heavily from both the Rules of the Commercial Division of the Supreme Court as well and the Federal Rules of Civil Procedure.
Contractual Indemnification in Labor Law §§ 240(1) and 200 Cases and the Different Applications Between Construction Contracts and Leases
This primer discusses the General Obligations Law §§ 5-322.1 and 5-321 in the context of contractual indemnification claims involving Labor Law §§ 240(1) and 200 cases.
General Liability Defense Attorney Brenna C. Gubala was featured in the National Retail and Restaurant Defense Association's (NRRDA's) December newsletter for her article "New York Appellate Court Shoots Down Retailer's Claim of Immunity in Firearm Ammunition Sale."
ABA Pretrial Practice & Discovery Committee's Practice Points: Working with Foreign-Language Documents in Depositions and Trials
Attorney Cara Cox was featured in the American Bar Association's Pretrial Practice & Discovery Committee's Practice Points for her article "Working with Foreign-Language Documents in Depositions and Trials."
Earlier this week, Governor Cuomo signed S.52A/A.5991A into law, which expands protections against SLAPP lawsuits.
Attorneys Michael J. Dischley and Lawrence M. Ross examine choices made by subcontractors or vendors in selecting commercial general liability insurance coverage that can unexpectedly harm the owner/general contractor, let alone, the subcontractor.
The question “Who's on First” is a good one in determining who is responsible to an injured party in New York City and other areas of the state where liability for sidewalk accidents is placed by statute on the owner of an abutting property.
With the New York lawmakers returning to work, the NYS Legislature has been working to address a number of timely issues, including the (until recently) quickly dwindling CVA lookback window and a multi-bill package intended to reform New York's various law enforcement agencies.
Hurwitz & Fine Attorney Eric D. Andrew wrote an article for Law360 discussing this new litigation issue, in light of the coronavirus pandemic.
The Right To Refill, Senate Bill S. 6813 and an analysis of a plaintiff’s right to litigate anonymously.
A pending bill was just introduced at the end of October 2019 that has some interesting implications on the restaurant industry. In addition, there are new rulings on issues arising under the Child Victims Act—recently, out of New York County, the Court engaged in a multifactor examination of a plaintiff’s right to litigate anonymously.
UPDATE: The United States Supreme Court denied Remington’s petition for review, leaving in place a ruling by the Connecticut Supreme Court permitting a lawsuit to proceed against the gun manufacturer for the Sandy Hook massacre.