New York Civil Law

Matthew Lerner
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New York Civil Law Update delivers clear, fast, and practical insights on the appellate decisions, trial rulings, and legal developments that matter most to New York claims professionals and litigators. In ten minutes or less, each episode breaks down what actually changed, why it matters, and how it affects real-world claims handling, litigation strategy, and risk exposure. No theory. No fluff. Just sharp analysis you can use immediately.

Episodes

  1. Mar 23

    Episode 4: Granath v Monroe County: Emergency Vehicle Recklessness, Labor Law § 240 Proof, and New York Claims Strategy

    In this episode of New York Civil Law Update, we break down the Court of Appeals’ March 2026 decision in Granath v Monroe County, a major New York municipal liability case addressing emergency vehicle accidents, red lights, sirens, obstructed views, and the demanding “reckless disregard” standard under Vehicle and Traffic Law § 1104. For claims adjusters, insurers, defense counsel, and New York litigators, Granath is a record-building case. The key question is not simply whether the emergency vehicle entered an intersection against a red light. The question is whether the driver’s conduct rose above ordinary negligence and crossed into reckless disregard for the safety of others. We also cover two notable Labor Law decisions from the same period: Tower v Structure Tone, involving Labor Law § 241(6), construction-site debris, passageway hazards, and the limits of the “integral to the work” defense; and Arias v Brooks Holdings Corp., a Labor Law § 240(1) ladder-fall case where an electrical explosion complicated the causation analysis. The episode closes with a Final Note on Will Smith’s 1998 Billboard No. 1 hit, “Gettin’ Jiggy Wit It,” tying the cases together around one practical litigation theme: courts are moved by sequence, proof, timing, and a clean record. Topics covered: New York emergency vehicle liability, Vehicle and Traffic Law § 1104, reckless disregard, municipal liability, Labor Law § 240(1), Labor Law § 241(6), construction accident claims, ladder falls, worksite debris, summary judgment, claims handling, insurance defense, and appellate strategy.

    Episode 4: Granath v Monroe County: Emergency Vehicle Recklessness, Labor Law § 240 Proof, and New York Claims Strategy

  2. Mar 2

    Episode 3: Dibrino, Contractual Indemnity, and New York’s Narrowing Labor Law Defenses

    When does a subcontractor’s equipment trigger contractual indemnification, and when is a jobsite hazard truly “integral to the work”? This episode examines the New York Court of Appeals’ decision in Dibrino v. Rockefeller Center North, Inc., which holds that ownership of equipment alone does not establish the connection required for contractual indemnity. Matthew Lerner explains why claims adjusters, coverage professionals, and litigators must examine the subcontractor’s actual scope of work rather than rely on a simple ownership or traceability theory. The episode also explores New York’s increasingly narrow integral-to-the-work defense under Labor Law, including the critical question: could the hazard have been removed, repaired, or avoided without making the work impossible? A concise guide to evaluating construction accident tenders, contractual risk transfer, reserves, Labor Law defenses, and early litigation strategy.

    Episode 3: Dibrino, Contractual Indemnity, and New York’s Narrowing Labor Law Defenses

  3. Feb 16

    Episode 2: When Help Becomes Duty: Beadell, Labor Law § 240, and Coverage

    In this episode of New York Civil Law Update, Matthew Lerner discusses the New York Court of Appeals decision in Beadell v Eros Management Realty LLC, a significant assumed-duty and negligent-undertaking case involving a hotel’s response to a guest in crisis. The episode explains what claims professionals and litigators need to know about voluntary undertakings, reliance, proximate cause, premises liability, emergency response, and summary judgment strategy. The featured Court of Appeals case is paired with two notable New York decisions from early 2026: a Labor Law § 240(1) falling-object case involving rooftop work and unsecured materials, and an insurance coverage decision addressing whether a premises-based policy covered a restaurant delivery accident away from the insured location. Using Olivia Rodrigo’s chart-topping “drivers license” as a light but memorable theme, the episode ties the cases together around one central question: when does someone have the legal responsibility to keep another person on the road? For claims adjusters, this episode offers practical guidance on evaluating duty, scope of undertaking, reliance, policy language, Labor Law exposure, and risk transfer. For litigators, it highlights how to frame summary judgment arguments, narrow alleged duties, and separate emotional facts from legally actionable obligations. A focused, professional, under-10-minute episode for anyone handling New York personal injury, premises liability, Labor Law, wrongful death, negligent undertaking, and insurance coverage claims.

    Episode 2: When Help Becomes Duty: Beadell, Labor Law § 240, and Coverage

  4. Jan 5

    Episode 1: Welcome to New York Civil Law Update, An Introduction

    Welcome to New York Civil Law Update—the podcast for New York litigators, insurance claims professionals, attorneys, risk managers, and anyone who wants to stay ahead of the latest developments in New York civil litigation. In this introductory episode, you'll learn what to expect from the show: concise, practical analysis of significant New York Court of Appeals and Appellate Division decisions, important statutory and procedural changes, and emerging trends affecting personal injury, Labor Law, premises liability, insurance coverage, CPLR practice, and appellate litigation. Each episode also ends with a unique Final Note, connecting a Billboard No. 1 hit to the week's legal developments. If you litigate or evaluate New York civil cases, this podcast delivers the legal updates that matter, in 10 minutes or less.

    Episode 1: Welcome to New York Civil Law Update, An Introduction
  • 4 Episodes

About

New York Civil Law Update delivers clear, fast, and practical insights on the appellate decisions, trial rulings, and legal developments that matter most to New York claims professionals and litigators. In ten minutes or less, each episode breaks down what actually changed, why it matters, and how it affects real-world claims handling, litigation strategy, and risk exposure. No theory. No fluff. Just sharp analysis you can use immediately.

Information

  • Creator
    Matthew Lerner
  • Episodes
    4
  • Rating
    Clean
  • Copyright
    © Matthew Lerner
  • Show Website
    New York Civil Law