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First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases. In a significant win for Wade Clark Mulcahy’s client and for insurers generally, the Appellate Division, First Department, unanimously affirmed that in additional insured tenders circumstances do matter.
In a recent legal battle, the First Department faced the appeal of DeGraffe v. City of New York (2024 N.Y. Slip Op. 00265), where the plaintiff sought to overturn the trial court’s grant of summary judgment in favor of the defendant city. DeGraffe claimed injuries resulting from a trip and fall incident within a city park, attributing the mishap to a defective dent in a concrete walkway.
In Jeffrey Santana v. SmileDirectClub, LLC, Plaintiff alleged that that invisible tooth aligners purchased online had caused damage to Plaintiff’s teeth and lasting injuries. The case took an interesting turn when the Defendant sought to dismiss the complaint, citing an arbitration provision buried within the first of three hyperlinked underlined documents, each appearing in different…
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
