Matthew S. Lerner

Partner at Gerber Ciano Kelly Brady LLP. Civil appeals and litigation. Legal blogger. Music fanatic.

[Matthew S. Lerner @NewYorkCivilLaw]

A ladder fall doesn’t automatically decide liability.
In Gabriel v Top 8, the worker made an initial § 240(1) showing, but a competing account backed by photos kept the issue for trial. Here's my analysis:
https://t.co/78OQp3GOKr

#InsuranceDefense #NYLaborLaw #nycivillaw

[Matthew S. Lerner @NewYorkCivilLaw]

A safety instruction is not always a safety device.

In Tobon v Turner, the First Department held that “do not ride or surf” a scaffold did not prove recalcitrance. The decision shows what defendants must establish.

https://t.co/uUtbsg4ddR

#LaborLaw #NYLaw

[Matthew S. Lerner @NewYorkCivilLaw]

❄️ Slip, Fall & Snow Removal Liability: Third Department Clears the Way for Trial https://t.co/aRhHEYjsKL

[Matthew S. Lerner @NewYorkCivilLaw]

❄️ Slip, Fall & Snow Removal Liability: Third Department Clears the Way for Trial https://t.co/aRhHEYjsKL

[Matthew S. Lerner @NewYorkCivilLaw]

New York Appellate Division, Second Department: Excess Insurer Must Face Coverage Suit https://t.co/SnJFMPnjQ8

[Matthew S. Lerner @NewYorkCivilLaw]

New York Court of Appeals Will Address Appellate Division Department Split on Negligent Security Measures ... https://t.co/wX03kE92jE

[Matthew S. Lerner @NewYorkCivilLaw]

NY App Div, 2d Dept denies mot to dismiss in MVA pi case. Def owner of leased car not shielded by NY Graves Amend. Aff of D employee re leased auto & lease assigned to owner inadmissible; did not attach the record itself. #nycivillaw #gckblaw #law #appellatetwitter

[Matthew S. Lerner @NewYorkCivilLaw]

New York Appellate Division, Third Judicial Department Addresses Level of Specificity Necessary for a Disc... https://t.co/JulE25ar5E

[Josh Solomon @therealjsolo]

Hochul spox says Caitlin Halligan, who the executive chamber retained for $31,000 to consult on a floor vote on Justice LaSalle, was not consulted on the legality of the change to the judiciary law for the double pick. https://t.co/pONGG4grq9

[Crain's New York @CrainsNewYork]

Hochul nominates liberal chief judge, hoping to rebound from rejection of Hector LaSalle https://t.co/rvGRxPYkMK

[NYPTI @NYPTI]

New post: "Wilson, Halligan Announced as Governor's Choices to Serve on NY's Highest Court" https://t.co/EKCxj7krD0

[Sen. Stewart-Cousins @AndreaSCousins]

Statement from Senate Majority Leader Andrea Stewart-Cousins on Chief Judge Nomination:

[Governor Kathy Hochul @GovKathyHochul]

Today I am nominating Judge Rowan Wilson to serve as Chief Judge of the Court of Appeals & announcing my intention to nominate Caitlin Halligan as Associate Judge.

These highly-qualified, thoughtful jurists will serve with distinction & ensure our courts deliver justice to all.

[Matthew S. Lerner @NewYorkCivilLaw]

NY App Div, 2d Dept concludes the defendant's use of surveillance tape of slip-and-fall accident did not demonstrate that no dangerous condition -- i.e., wet floor -- existed before Plaintiff's slip-and-fall. https://t.co/RUlylnT1oY #nycivillaw #nylaw #appellatetwitter

[Open Legal Blog Archive @OLBAorg]

Today's featured blog from @NewYorkCivilLaw is an excellent place to learn more about appellate law and New York state court proceedings! The blog also discusses insurance coverage and defense ⚖️

You can view it in the Archive at the link below ⬇️
https://t.co/hRaIoRtp35

[Matthew S. Lerner @NewYorkCivilLaw]

P was injured when a dolly he was using to transport sheetrock on a worksite tipped over & fell on him. NY App Div, 2d Dept held that P's injuries were not caused by an elevation-related or gravity-related risk w/in scope of Labor Law § 240(1) https://t.co/qhP7YB2gv1 @nycivillaw

[Matthew S. Lerner @NewYorkCivilLaw]

NY App Div, 2d Dept holds in rear-end MVA accident that Ds' claim it was sudden stop of P's vehicle causing accident insuff in and of itself to raise triable issue of fact whether there was a nonnegligent explan for rear-end collision. https://t.co/3CNnbdwyzL #nycivillaw #nylaw

[Matthew S. Lerner @NewYorkCivilLaw]

NY App Div, 2d Dept holds in rear-end MVA accident that Ds' claim it was sudden stop of P's vehicle causing accident insuff in and of itself to raise triable issue of fact whether there was a nonnegligent explan for rear-end collision. https://t.co/PLjd9mlwqK #nycivilaw #nylaw

[Matthew S. Lerner @NewYorkCivilLaw]

NY App Div 2d Dept grants D's mot to renew based on new evidence in Labor Law sec. 240 (1) case where new evidence & excuse for its delay showed P was allegedly injured at different site. https://t.co/cBCEw6xzue #nycivillaw #gckblaw #appeals #nylaw #appellatetwitter

[Matthew S. Lerner @NewYorkCivilLaw]

NY App Div, 2d Dept reverses dismissal of P's complaint concluding D (NYC muni) failed to support motion to dismiss with evidence that P failed to appear at General Muni Law sec. 50-h hearing. https://t.co/VdQjj9GkUQ #nycivillaw #appellate #PersonalInjury #nylaw #appeals