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State Courts -
New York - January 30, 2007
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Metropolitan Steel Indus., Inc. v. Perini Corp., 98-99, Index 104341/02, 590519/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Because a subcontractor did not demonstrate any justifiable inability to substantiate its damages using actual costs, a new trial was necessary on the amount of damages related to that extra work; however, the contractor failed to demonstrate the applicability of the termination-for-cause provisions of the subcontract.
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Osarczuk v. Associated Univs., Inc., 2005-06126, (Index No. 2836/96),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Property owners could pursue an action in state court for property damage and personal injuries against a laboratory owner relating to emission of non-nuclear hazardous materials because such materials could not be the cause of a "nuclear incident" requiring prosecution by a federal public liability action, 42 U.S.C.S. § 2014(q), (w).
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Pappalardo v. Long Is. Rail Rd. Co., 2006-02701, (Index No. 744/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because a transportation authority and a railroad did not show that the authority was not the decedent's employer under the Federal Employers' Liability Act, that the decedent was provided with a safe place to work, or that their alleged negligence was not a proximate cause of the damages sought, they were not entitled to summary judgment.
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