Bronx County Judge Dismisses Sleeping Fan’s Defamation Lawsuit Against ESPN and Yankees

baseball-229873_1280 (2)Everyone should remember the story of Andrew Rector, the fan who was shown sleeping on camera during the Yankee-Red Sox Sunday night game on ESPN in April 2014, and subsequently sued everyone (Major League Baseball, ESPN New York, the Yankees, Dan Shulman, and John Kruk) for defamation and intentional infliction of emotional distress.  As previously noted, Mr. Rector’s lawsuit  did not appear to be legally viable because none of the comments made by the announcers (Shulman and Kruk) were extreme and outrageous and because many of the alleged defamatory statements originated from third-parties (on various websites, blogs, etc.).

On August 20, 2015, Justice Julia I. Rodriguez in the Bronx County Supreme Court granted the defendants’ motions and dismissed Plaintiff’s complaint in its entirety.  A copy of the decision can be found here. Read the rest of this entry »


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

Pisciotti 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

On 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 »


Two Recent Decisions From New York’s First Department Regarding Premises Liability

Today, two decisions were issued from the First Department pertaining to premises liability.  The first decision concerns the “sole proximate cause” defense and the second decision reiterates the notion that an owner of premises will not be insulated from liability merely because it complies with the building codes.
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Redacting Confidential Personal Information From Court Filings is Now Mandatory in New York

As of March 1, 2015, parties to litigation in New York Courts are required to redact confidential personal information (“CPI”) on any documents filed in the Supreme and County Courts.  Given the number of deposition transcripts and Bills of Particulars that I have seen submitted without redacting personal information (such as social security number, taxpayer identification number, or birth date), it appears that many practicing attorneys have not received the memo.

To paraphrase the New Age Outlaws, “Oh you didn’t know, well then you better call somebody!”

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