Tag: New York

Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a Subcontractor’s Defective Workmanship Can Constitute an Occurrence Under a Contractor’s CGL Policy

Bryan Keane and Katie Pfeifer | Dorsey | February 15, 2018 On February 13, 2018, the Tenth Circuit Court of Appeals reversed a lower court decision, which concluded that, under New York law, the property damage caused by a subcontractor’s faulty workmanship did not qualify as a covered occurrence because the only damages were to… Continue reading Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a Subcontractor’s Defective Workmanship Can Constitute an Occurrence Under a Contractor’s CGL Policy

Entitlement to Overhead and Profit on an Actual Cash Value Estimate

Jason Cleri | Property Insurance Coverage Law Blog | December 10, 2017 In the New York class action suit, Mazzocki v. State Farm, 1 A.D.3d 9 (N.Y. 3rd Dept. 2003), the Appellate Court for the Third Department finally clarified the question regarding overhead and profit in actual cash value and replacement cost value claims. Plaintiffs in… Continue reading Entitlement to Overhead and Profit on an Actual Cash Value Estimate

Would This London High-Rise Pass Muster in New York? Short Answer: No

Megan Specia | The New York Times | June 27, 2017 The Dorney Tower in Camden, London, where hundreds of families were forced to evacuate this week because of safety concerns. CreditNiklas Halle’N/Agence France-Presse — Getty Images Hundreds of families were evacuated this week from Dorney Tower, a 23-story London apartment building, after the authorities found… Continue reading Would This London High-Rise Pass Muster in New York? Short Answer: No

Want to Put Up a Building in NY? Put Up Money to Cover Construction Defects

Bruce A. Cholst and Deborah B. Koplovitz | New York Law Journal | April 4, 2017 This article offers what we believe to be a more viable remedy than those which presently exist in New York state for purchasers of residential units in newly built or rehabilitated developments where construction is rife with material defects.… Continue reading Want to Put Up a Building in NY? Put Up Money to Cover Construction Defects

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration