Every first-year law student reads the case of Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928], arguably the leading case in New York on the issue of whether a defendant had a duty to plaintiff in a negligence case. In Gonzalez v. City of New York, 2015 Slip NY Slip Op 06869 (App. Div.…

Read More Court Reinstates Negligence Claims Against City Arising From Fatal Shooting By Off-Duty Officer
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The SDNY recently held, in In re September 11 Litigation, 04-cv-7272 (Sept. 23, 2011), that the absence of duty doomed Con Edison’s negligence suit against various defendants arising from the destruction of its power station following the collapse of 7 World Trade Center on September 11, 2011.  Specifically, Con Edison sued the builder and developer…

Read More SDNY Applies Palsgraf to Deny Recovery to Con Edison in 9/11-Related Litigation
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