NEW YORK’S HIGHEST COURT EXPOUNDS AND RE-DEFINES PROXIMATE CAUSE The Court of Appeals of New York in Hain v. Jamison, 28 NY3d 524 (Dec 22, 2016) engaged in a hornbook exposition of proximate cause and defined the law on this issue. The Court of Appeals unanimously revered the Appellate Division and rendered its opinion. The Opinion of the Court of Appeals: I. Decedent, the wife of plaintiff, was struck and killed by a vehicle driven by one of the Jamison defendants as decedent was walking in the northbound lane of a rural road late one evening [FN1]. Plaintiff, individually and on behalf of decedent's estate, subsequently commenced this negligence action against the Jamison defendants and Drumm Family Farm, [...]
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS). The Court of Appeals of New York State in Matter of Newcomb v Middle Country Central School District, 28 NY3d 455 (Dec. 22, 2016) clarified the respective burdens of the parties in demonstrating substantial prejudice (or lack thereof) suffered by a public corporation as a result of a prospective plaintiff’s filing of a late notice of claim. The Opinion of The Court of Appeals: The issue in this appeal is whether the lower courts abused their discretion in [*2]denying petitioner's motion for leave to serve a late notice of claim [...]