FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 10/11/07

BANKING LAW, CIVIL PROCEDURE, CONSTRUCTION, CORPORATION & ENTERPRISE LAW

Reliance Ins. Co. v. Polyvision Corp., No. 117In dispute between construction surety and suppliers of allegedly deficient materials, question certified by U.S. Court of Appeals for the Second Circuit is answered as follows: CPLR 205 (a), which adds a six-month grace period to the statute of limitations, does not permit a corporation to refile an action originally commenced in the name of a different, related corporate entity that has been dismissed for naming the wrong plaintiff.

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, INJURY AND TORT LAW

Launders v. Steinberg, No. 115In action by estate of adopted six-year-old daughter against defendant, her father, who was convicted of her manslaughter, partial summary judgment against defendant based on collateral estoppel and grant of multi-million-dollar award to estate are vacated where the issue of prior acts of abuse was not necessarily decided at defendant’s criminal trial.

GOVERNMENT LAW, INSURANCE LAW

Dinallo v. DiNapoli, No. 111The New York State Comptroller has neither the constitutional nor statutory authority to audit the New York State Insurance Department Liquidation Bureau.

INJURY AND TORT LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW, WORKERS’ COMPENSATION

Burns v. Varriale, No. 112In proceeding to extinguish a lien asserted under Workers’ Compensation Law section 29, the Court of Appeals holds that the value of future workers’ compensation benefits for a claimant with a nonschedule permanent partial disability is speculative, that the present value of these benefits cannot be ascertained at the time claimant recovers damages in a third-party action, and that claimant is not entitled to an apportionment of attorney’s fees based on such future benefits.

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