New York Court Applies Doctrine of Estoppel Against Inconsistent Positions and C.P.L.R. Section 105(u) to Dismiss Civil Lawsuit Against a City Contractor
Posted: July 20, 2015 Filed under: Construction, General Liability, New York Practice | Tags: CPLR 105(u), doctrine of estoppel against inconsistent positions, Estoppel, judicial admission, New York Courts, Summary Judgment Leave a commentPisciotti Malsch recently secured summary judgment for its client, a construction company, based upon the doctrine of estoppel against inconsistent positions and C.P.L.R. § 105(u).
Plaintiff, a passenger in a car, brought suit against the City of New York and its contractor due to a one-car accident allegedly caused by the contractor’s negligent work in a construction zone. Through investigation, it was discovered that Plaintiff had previously brought suit against the driver of the automobile and in a Verified Complaint, the plaintiff had alleged that “the aforesaid motor vehicle collision was caused solely by the negligence of the [driver] in the ownership, management, operation, maintenance, and/or control of the motor vehicle.” This lawsuit was settled for the full policy limits ($25,000). Read the rest of this entry »
Table Saw Manufacturer’s Failure to Include Automatic Guard is Not a Design Defect Under New York Law
Posted: July 10, 2015 Filed under: Appeals, New York Practice, Product Liability | Tags: Alternative Design, Automatic Safety, Blade Guard, Interlock, Product Liability, Risk Utility Analysis, Table Saw Leave a commentOn July 8, 2015, New York’s Second Department held that a design defect claim cannot be based upon a table saw manufacturer’s failure to include an automatic guard.
In Chavez v. Delta International Machinery Corp., 2014-05235, 2015 N.Y. App. Div. LEXIS 5769 (N.Y. App. Div. [2d Dep’t] July 8, 2015), the trial court denied the branch of the defendant’s motion for summary that sought to dismiss all claims based upon allegations that a table saw was defective for not including an automatic safety device – an interlock device that would prevent the saw from operating unless the blade guard was properly in place. Read the rest of this entry »