Saturday, April 17, 2010

Other Cases of Interest from the Week

Klein v. Bialer - in this wrongful life action the plaintiffs claimed that had the defendants diagnosed or warned them that their daughter had rare genetic disorder they would not have become pregnant again.  The Supreme Court granted the defendants’ motion for summary judgment and the Second Department affirmed holding that the plaintiffs did not establish that the defendants owed them a duty.

Bowles v. Clean Harbor - whether the defendant could be considered a contractor or the owner's agent to impose liability under Labor Law Secs. 240 and 241.  

Byrnes v. Castaldi - binding arbitration clause contained in a contract to renovate a personal residence was void under General Business Law § 399-c.

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