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May 2007 Archives

May 7, 2007

Recent New York Court of Appeals' Decisions

Clementoni v. Consol. Rail Corp.

In an appeal arising out of the collision of an automobile driven by plaintiff and a train operated by defendant-rail company, summary judgment for defendants-property and grade crossing owners is affirmed as: 1) defendants-grade crossing owners owed plaintiff no duty to warn or protect under the circumstances; and 2) a landowner is generally not liable for the existence of uncut vegetation obstructing the view of motorists at an intersection.

Mfr.'s & Traders Trust Co. v. Reliance Ins. Co.

The general interest statute, CPLR 5001 (a), does not authorize an award of interest against unsuccessful claimants in an interpleader action.

May 12, 2007

Other New York State Bar Association Weblogs

Fresh off the Section Leaders conference, here is a list of other weblogs that the New York State Bar Association offers:

Commercial and Federal Litigation Section Blog

Elder Law Section (NYS State Compact)

General Practice Law Section

Objection During Summations?

I haven't seen a lot of decisions like the Appellate Division, First Department's decision in Binder v. Miller. The case concerned a dental malpractice action, and during summations the plaintiff's attorney called the defendant's expert witness a litigation witness. The defendant's attorney preserved the objection for appellate review but was restricted from objecting during the summation of the plaintiff's attorney. The Court held that the remark was better left unsaid but did not warrant a new trial.

The takeaway point of the case is that the Court reminded the Supreme Court Justice that directing counsel that "there is to be no objecting in the middle of summations," is inappropriate.

Attorneys have their own rules about objecting during openings and closings (always with an eye toward not looking obstructive in front of the jury). This case provides a good lesson for attorneys to keep their wits about them when a judge does something that warrants appellate review, making sure to do something to preserve the issue for appellate review.

About May 2007

This page contains all entries posted to Torts, Insurance and Compensation Law Weblog in May 2007. They are listed from oldest to newest.

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