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Automobile Ins. Co. of Hartford v. Cook, 7 N.Y.3d 131 (2006)

A liability insurer must defend a suit within the policy's coverage even if it may later owe no indemnity.

Cited on: Worried a car accident lawsuit could reach what you own in New York: what protects you, and why moving property backfires

Bastein v. Sotto, 299 A.D.2d 432 (2d Dep't 2002)

States the elements of battery.

Cited on: A mailed prank injured my eye, then a second crude package arrived: how to find out who sent them in New York

Bovsun v. Sanperi, 61 N.Y.2d 219 (1984)

Emotional-harm recovery for a person in the zone of danger who saw serious injury to an immediate family member.

Cited on: A speeding car swerved to miss me while I crossed and hit another car: am I responsible in New York?

Bumpus v. New York City Tr. Auth., 66 A.D.3d 26 (2d Dep't 2009)

The unknown-party procedure requires diligent efforts to identify the defendant before the time to sue runs out; pre-action disclosure is one recognized way.

Cited on: A mailed prank injured my eye, then a second crude package arrived: how to find out who sent them in New York

Caristo v. Sanzone, 96 N.Y.2d 172 (2001)

The emergency doctrine requires a sudden and unforeseen emergency not of the actor's own making.

Cited on: A speeding car swerved to miss me while I crossed and hit another car: am I responsible in New York?

Dance v. Town of Southampton, 95 A.D.2d 442 (2d Dep't 1983)

Failing to obtain a license is not negligence per se.

Cited on: Her car insurance paid the pedestrian I hit: can he still sue us both in New York?

Graham v. Jones, 147 A.D.3d 1369 (4th Dep't 2017)

Whether an owner knew a car would be driven by an unlicensed driver is a question of fact on negligent entrustment.

Cited on: Her car insurance paid the pedestrian I hit: can he still sue us both in New York?

Guzman v. Haven Plaza Housing Dev. Fund Co., 69 N.Y.2d 559 (1987)

An out-of-possession owner with a duty to repair may be liable on constructive notice.

Cited on: A work injury, then a fall from a porch with no railing: the comp claim and a separate claim against the landlord in New York

Hamilton v. Beretta U.S.A. Corp., 96 N.Y.2d 222 (2001)

States the elements of negligent entrustment.

Cited on: Her car insurance paid the pedestrian I hit: can he still sue us both in New York?

I.C.C. Metals v. Municipal Warehouse Co., 50 N.Y.2d 657 (1980)

A bailee that fails to return property must come forward with an explanation for the loss.

Cited on: My dashcam was gone when my wrecked car reached the tow yard: could the police have taken it, and how do I find out?

Jefferson Ins. Co. v. Travelers Indem. Co., 92 N.Y.2d 363 (1998)

An insurer may not recover, as subrogee, against its own insured for the very risk it covered.

Cited on: A friend damaged my car twice while borrowing it: what I owe as the owner in New York, and what the friend owes me

Matter of Bland v. Gellman, Brydges & Schroff, 151 A.D.3d 1484 (3d Dep't 2017)

A consequential injury must be proved by competent medical evidence.

Cited on: A work injury, then a fall from a porch with no railing: the comp claim and a separate claim against the landlord in New York

Matter of Cool v. TP Brake & Muffler, Inc., 305 A.D.2d 886 (3d Dep't 2003)

The Board may apportion a disability between a work accident and a later non-work incident on the medical evidence.

Cited on: A new accident made my comp injury worse: can workers' comp take back what it paid, or stop paying, in New York?

Matter of Kirkview Assoc. LP v. Amrock, 2018 NY Slip Op 2389 (2018) — Appellate Division of the Supreme Court of the State of New York

County Court correctly observed that these defenses cannot forestall an eviction in a holdover proceeding, but overlooked that they are viable "defense[s] to the recovery of rent" in such proceeding

Cited on: Displaced by a Condemned Rental After Landlord Neglect

Matter of Konig v. CSC Holdings, LLC, 112 A.D.3d 934 (2d Dep't 2013)

Pre-action disclosure of an unknown wrongdoer's identity requires facts fairly indicating a cause of action.

Cited on: A mailed prank injured my eye, then a second crude package arrived: how to find out who sent them in New York

Moore v. Ortolano, 78 A.D.3d 1652 (4th Dep't 2010)

No liability for a porch railing collapse without actual or constructive notice; the tenants lost.

Cited on: A work injury, then a fall from a porch with no railing: the comp claim and a separate claim against the landlord in New York

Morales v. Rotino, 27 A.D.3d 433 (2d Dep't 2006)

A release given to the driver did not release the owner because it did not expressly provide for it.

Cited on: Her car insurance paid the pedestrian I hit: can he still sue us both in New York?

Motors Ins. Corp. v. Africk, 55 A.D.3d 571 (2d Dep't 2008)

A collision insurer that paid for a permitted driver's one-car crash could not recover from that driver.

Cited on: A friend damaged my car twice while borrowing it: what I owe as the owner in New York, and what the friend owes me

Pavesi v. Carollo, 105 A.D.2d 832 (2d Dep't 1984)

A repair shop met that burden by proving a burglary; the owner lost.

Cited on: My dashcam was gone when my wrecked car reached the tow yard: could the police have taken it, and how do I find out?

Pavia v. State Farm Mut. Auto. Ins. Co., 82 N.Y.2d 445 (1993)

An insurer is liable beyond its limits for refusing to settle only on gross disregard of its insured's interests; ordinary negligence is not enough.

Cited on: Worried a car accident lawsuit could reach what you own in New York: what protects you, and why moving property backfires

People v. Barto, 144 A.D.3d 1641 (4th Dep't 2016)

A report is gratuitous where the defendant initiated contact with the police, even if the false account came in answers to their questions.

Cited on: I switched seats with the driver after a crash in New York: the exposure that creates, and why a defense lawyer comes first

People v. Johnson, 1 N.Y.3d 252 (2003)

An inventory search must follow a standardized procedure and produce a record; its purposes include protecting the owner's property.

Cited on: My dashcam was gone when my wrecked car reached the tow yard: could the police have taken it, and how do I find out?

Riley v. California, 573 U.S. 373 (2014)

Police generally need a warrant to search the digital contents of a seized device.

Cited on: My dashcam was gone when my wrecked car reached the tow yard: could the police have taken it, and how do I find out?

Rivera v. New York City Tr. Auth., 77 N.Y.2d 322 (1991)

An actor is not ordinarily excused for an emergency created by their own negligence, such as excessive speed.

Cited on: A speeding car swerved to miss me while I crossed and hit another car: am I responsible in New York?

Sauer v. Mannino, 309 A.D.2d 1053 (3d Dep't 2003)

No liability without proof that the missing handrails caused the fall.

Cited on: A work injury, then a fall from a porch with no railing: the comp claim and a separate claim against the landlord in New York

Westchester Med. Ctr. v. State Farm Mut. Auto. Ins. Co., 44 A.D.3d 750 (2d Dep't 2007)

The insurer must prove intoxication and that it caused the crash; a police report of the crash and arrest can raise a fact issue.

Cited on: Hit a tree, totaled the car and charged with DWI in New York: what the charge means for your insurance, and the first call to make