Defense Association of New York
The mission of the Publications Committee is to disseminate scholarly writing on various topics that affect the practice of the civil defense bar, primarily through its well respected quarterly publication, “The Defendant”. The mission also includes the encouragement of defense professionals to submit articles for publication, to enhance the defense bar’s knowledge and competence in the defense of civil cases. Members and the Bar are invited to submit articles for potential publication in the Defendant; contact Vincent P. Pozzuto at VPozzuto@cozen.com with articles or proposals.
The Committee is comprised of Chair John J. McDonough of Cozen O’Connor, Vincent P. Pozzuto of Cozen O’Connor, Colin F. Morrissey of Baker, McEvoy, Morrissey & Moskovits, P.C., and Bradley J. Corsair of The Law Offices of Leon R. Kowalski. Many past issues of "The Defendant" are available below via the blue colored links.
In This Issue:
- President's Column by Vincent P. Pozzuto
- The Vanishing Jury Trial Part III by John J. McDonough
- Concealed Carry and the College Campus by Kristin Keehan
- Court of Appeals to Address Parameters of Social Media Discovery by Andrew Zajac and Amanda L. Nelson
- Preparing Expert Witnesses for Trial by Claire F. Rush
- New York State Introduces Paid Family Leave by Jennaydra D. Clunis and Stacey L. Pitcher
- Worthy of Note by Vincent P. Pozzuto
- Modern Day Discovery Disputes – Cases and Principles - Version Three by Bradley J. Corsair
Defendant - Spring 2016 - 50th Anniversary Issue
In This Issue:
- President's Column by Margaret G. Klein
- The Vanishing Jury Trial Part II by John J. McDonough
- The Intersection of Negligence and Tax Lien Foreclosure Litigation by Michael H. Resnikoff
- DANY's Amicus Curiae Committee by Andrew Zajac
- Interview with Tony Celantano regarding DANY History by Patricia G. Zincke and Bradley J. Corsair
Link to historical photos discussed by Mr. Celentano: click here to see the photos
- Interview with John Moore regarding DANY by Gary A. Rome
- Worthy of Note by Vincent P. Pozzuto
- Modern Day Discovery Disputes – Cases and Principles - Version Two by Bradley J. Corsair
Defendant - Winter 2016
In This Issue:
- President's Column by Margaret G. Klein
- The Vanishing Jury Trial by John J. McDonough
- A Pocket Park is Not a Sidewalk Within the Meaning of §7-210 by Jeffrey D. Fippinger
- Obtaining Social Media Evidence During Discovery by Paul Zola
- Modern Day Discovery Disputes – Cases and Principles by Bradley J. Corsair
- Risk Transfer In Personal Injury Actions: An Overview by Andrew Zajac and Joseph Horowitz
- No Injury Needed - Medical Monitoring as a Remedy by Leon R. Kowalski
- Worthy of Note by Vincent P. Pozzuto
Defendant - Spring 2015 - Medical Malpractice
In This Issue:
- President's Column by Gary A. Rome
- Federal Preemption and Primary Jurisdiction: Vital Defenses in Prescription Drug and Medical Device Litigation
by John J. McDonough and Ryan T. Kearney
- Does a consulting physician form a physician-patient Relationship? by Judith Maxwell
- New York Nursing Home Litigation: Medical Malpractice, Negligence or Something in Between by Lauren A. Jones
- Frye Hearings: A Review Of Cases, Utility And Application by Charles E. Kutner
- Safety: A Common Ground For Plaintiff And Defense Medical Liability Attorneys by Steven E. Pegalis
In This Issue:
- President's Column by Gary A. Rome
- Conduct Of Physical Examinations: Turning The Exam Room Into A Hearing Room? by Colin F. Morrissey
- 2014 Serious Injury Threshold Decisions by the Four New York State Appellate Divisions by John J. Komar
- The Missing Witness Charge: A Powerful Tool For Trial by Kevin G. Faley and Rebeca Rosedale
- Does The Longshore And Harbor Workers’ Compensation Act Preempt New York State Labor Law
in Maritime Construction Accident Cases? by Daniel G. McDermott
- Zone Of Danger And The No Fault Law by Howard J. Newman and Jeanne M. Lane
- Event Data Recorders and the Defense of Transportation Claims by Claire F. Rush
- 10 Timeless Rules For A Defense Practice by Kevin G. Faley and Andrea M. Alonso
- Felonies, Misdemeanors, Other Offenses and Bad Acts – A Defendant’s Guide to Impeach Credibility in New York
Personal Injury Cases by Steven R. Dyki
- Worthy of Note by Vincent P. Pozzuto
- Open and Obvious Conditions - 2014 Cases and Principles by Bradley J. Corsair
Defendant - Spring 2014 - Motor Vehicle
In This Issue:
- President's Column by Brian J. Rayhill
- The Use of Police Reports During Trial by John J. McDonough
- The New York No-Fault “Serious Injury” Threshold: Evaluating Proposed Reform - Based On Accident
& Motor-Vehicle Lawsuit Data by Colin F. Morrissey
- Exploring Causation And The Emergency Doctrine In An Automobile Liability Case by Dawn C. DeSimone
- The Rights And Obligations Of Motorists When Dealing With Cyclists And Pedestrians
by Alison Burbage and Patricia Sullivan
- Scope and Applicability of the “Seatbelt Defense” by Joseph Horowitz
- The Hybrid Quagmire-Medicare Advantage Organizations and General Obligations Law § 5-335
by Howard Newman and Jeanne M. Lane
- Surgical and Radiological Record Divergence and Its Use in Trial and Negotiation by Padraic D. Lee & Colin F. Morrissey
- Recovery For Bystanders In Automobile Cases For Negligent Infliction Of Emotional Distress
by Kevin G. Faley and Andrea M. Alonso
- New TLC Leadership, “Vision Zero” and Black Box Technology by Professor Matthew W. Daus
- What Constitutes Reversible Error? by Frank Scahill and Andrew Mundo
Defendant - Winter 2014 - Labor Law
In This Issue:
- President's Column by Brian J. Rayhill
- Does a Coupling Qualify as a “Safety Device” under the Labor Law? by John J. McDonough and Ryan T. Kearney
- What Scaffold? The application of Labor Law 240 to weight rather than height in the wake of Runner and Wilinski
by Adrienne Yaron
- Labor Law Section 240(1) The Fundamentals by Steven R. Dyki and Alan S. Russo
- The Homeowner’s Exemption to Labor Law Cases: How Much Homeowner Involvement is Too Much?
by Paul Zola and Vincent P. Pozzuto
- Who are Labor Law Section 240(1) defendants and plaintiffs? by Mike Cordrey
- The Butterfly Effect and Labor Law § 240 Causation by Julian D. Ehrlich
- Understanding The Recalcitrant Worker Defense by Christopher Renzulli and Nicholas Whipple
- Use of Experts to Defend a Labor Law § 240(1) Claim by David Persky and Bradley J. Corsair
- What Exactly Is A Falling Object, Anyway? by Andrew Zajac and James K. O’Sullivan
- Liability for Collapsing Walls and Structures Under Labor Law §240(1) by Leon R. Kowalski
- Labor Law §240 and the Falling Worker - Recent Decisions by Marc J. Ackerman
- What Is An Elevation-Related Risk In The Wake Of Runner? by Gary H. Abelson and Sanjeev Devabhakthuni
- What Activity Constitutes An “Alteration” Under Labor Law § 240(1)? by Nicholas M. Cardascia and Ourania Sdogos
- Clean Break: A Retreat From Virtually Unlimited Liability Under The Labor Law by Ross P. Masler
- All Chuppahs Are Not Created Equal Under The Labor Law: A Look Into What Constitutes A Building Or A Structure
For The Purpose Of Labor Law § 240(1) by Catherine R. Everett
In This Issue:
- President's Column by James M. Begley
- The Quadripartite Relationship: Remedies of The Excess Insurer by John J. McDonough
- CPLR Article 16: Treatment of Plaintiff’s Fault and Other Perplexities by Bradley J. Corsair
- Post Runner – A Narrowing of Labor Law §240(1) by Kevin G. Faley with Kerry Sullivan
- Court Of Appeals Decisions Clarify Primary Assumption Of Risk Defense In Tort Actions by Brian W. McElhenny
- Worthy of Note by Vincent P. Pozzuto
- Social Media and Cell Phone Requests: Not a LOL Matter by Andrea M. Alonso and Kevin G. Faley
with Rebecca Rosedale
Defendant - Summer 2012
In This Issue:
- President's Column by Lawton W. Squires
- The Unlimited Advantages Of Motions In Limine by John J. McDonough
- The Recalcitrant Worker Defense: Current State of the Law by Beth Walker
- Defining Duty: Another Look at Social Host Liability and the Duty to Protect Against Hazards on Adjoining Propertyby Matthew J. Larken
- Product-Design Trade Dress: a Corporate Asset Worthy of Protection by Brendan T. Fitzpatrick and Glenn A. Kaminska
- Worthy of Note by Vincent P. PozzutoDefendant Spring / Summer 2011
In This Issue:
- President's Column by Lawton W. Squires
- The Vanishing Jury Trial by John J. McDonough
- Avoiding The Draconian Effects Of New York Labor Law §240(1) by Andrew M. Roher
- A Defendant's Practical Guide to the Revised CPLR Article 50-A: Controlling Economic Damagesby Caryn L. Lilling and Richard J. Montes
- Emergency Doctrine by Andrea M. Alonso and Kevin G. Faley
- The Duty To Illuminate by Kevin G. Faley- Worthy of Note by Vincent P. Pozzuto
- Recent Developments In The Primary Assumption Of Risk Defense by Brian McElhenny
In This Issue:
- President's Column by Julian D. Ehlrich
- Product Identification In New York: Concerted Action, Market Share Liability & Alternative Liability by John J. McDonough
- Recent Decisions Impact Effect Of Comparative Negligence On Motions for Summary Judgment by Jonathan Judd
- Labor Law §240(1): Common Summary Judgment Issues by Andrew Zajac and James K. O'Sullivan
- DANY'S Committee On The Development Of The Law by Andrew Zajac
- Effective Handling Of Evidentiary Issues In New York Products Liability & Negligence Actions -
A Primer For Defense Counsel by Michael B. Gallub
- Exploring A Potential Workers' Compensation Exclusivity Defense to Labor Law §241(6) Claims by Bradley J. Corsair
- Employees, Trespassers, & Volunteers: Who Is Protected by the Labor Law After Morton v. State of New York?
by Matthew J. Larkin
- Worthy of Note by Vincent P. Pozzuto
Defendant - Spring 2010 - Coverage
In this issue:
- President's Column by Timothy J. Keane
- The Quadripartite Relationship: Remedies of the Excess Insurer by John J. McDonough
- What Every Insurance Defense Attorney and Their Client Needs to Know about Coverage by Julian D. Ehrlich
- Who Should Send the Tender Letter? by Michael Majewski
- DJ Attorney and Underlying Attorney: More in Common Than You Might Think by Glenn Dienstag
- Defense Counsel’s Obligation After Shaya B. Pacific: Something Else To Lose Sleep Over by Michael Lenoff
- Unlimited 1b Coverage And The Grave Injury Defense: Avoiding Potential Conflicts
by Andrew Zajac and Dawn C. Desimone
- Why Counsel Needs To Understand Priority Of Coverage by Olivia M. Gross
- Defending Under A Reservation of Rights: A Potential Minefield of Conflicts by Jonathan A. Judd
- Open Questions on the Duty to Advise of the Right to Select Independent Counsel by Barry R. Temkin
- Additional Insureds – What Does Pecker Iron Works Mean to You? by Glenn A. Kaminska
- Triggering Unlimited “1B” Coverage in Non-Grave Injury Cases by Gary A. Rome
- Someone Failed to Procure Insurance - What Now? by John V. Fabiani Jr.
- Taking Control of Priority of Coverage by Lisa Shreiber
- Spotting Illusory Downstream Coverage by William G. Kelly
- Potential Ethical Dilemmas Facing Defense Counsel in the Tripartite Relationship by Melissa Walters
- A Cautionary Tale: Tishman Construction Corp. of New York v. Great American Insurance Company
by Scott E. Miller and Richard C. Imbrogno
- CPLR 4545 Collateral Source Offsets: Special Rules for Public Employee Plaintiffs by Louis F. Eckert
- What Every Defense Attorney Needs to Know About the Antisubrogation Doctrine by Timothy J. Keane
Defendant - Fall 2009
In this issue:
- President's Column by Timothy J. Keane
- Undocumented Aliens and Medical Care Costs: Attacking Medical Care Costs by John J. McDonough
- Improving the Odds - The Best Way To Use Professional Services Firms When Making Your Case by Brian Sanvidge
- Worthy of Note by Vincent P. Pozzuto
- Fred, The Breeding Bull and its Affect on Dog Attack Cases by Lawton W. Squires
- Appellate Developments In Legal Malpractice Law by Brian McDonough
In this issue:
- President's Column by Thomas J. Maroney
- Lost Wages of Undocumented Aliens: Part IV by John J. McDonough
- Due respect for Labor Law Section § 200 by Julian D. Ehrlich
- Worthy of Note by Vincent P. Pozzuto
- New York Insurers Must Now Show Prejudice to Disclaim for Late Notice by Andrew M. Roher
- New York State Courts and Electronic Discovery by Cary Stewart Sklaren
In this issue:
- President's Column by Kristin G. Shea
- Traumatic Brain Injury and Malingering by John J. McDonough
- The Defense of SUM Claims and the Serious Injury Defense by Kevin Burns and Matthew S. Lerner
- Worthy of Note by Vincent P. Pozzuto
Defendant - Summer 2007
In this issue:
- The Pet Food Recall Litigation by John J. McDonough
- Employment Practice Torts by Ed Kennelly and Richard L. Steer
- Worthy of Note by Vincent P. Pozzuto
In this issue:
- President's Column by Andrew Zajac
- Make Mine A Whopper: Food Borne Biohazards by John J. McDonough
- The Sidewalks of New York - Changes in Liability in the Post September 2003 Era by Matthew M. Cordrey
- Written Indemnification After Dutton - Have We Circumvented the Grave Injury Statute by Gary Rome
- Expert Witnesses: The Basics by Michael J. Caulfield
- Worthy of Note by Vincent P. Pozzuto
Defendant - Fall 2005 / Winter 2006
In this issue:
- President's Column by Andrew Zajac
- Undocumented Aliens and Lost Wages: Part III by John J. McDonough
- Breach of Contract to Purchase Insurance: Suing the Broker by Julian D. Ehrlich
- Recurring Conditions: Can They Still Substitute for Notice of a Defect? by Dawn C. DeSimone and James K. O'Sullivan
- Insurance Coverage Issues Involving Pocket Bikes by Kevin G. Faley and Pauline E. Glaser
- Worthy of Note by Vincent P. Pozzuto
In this issue:
- Lost Wages of Undocumented Aliens Redux by John J. McDonough
- That's the Ticket: How Traffic Infractions Impact on a Subsequent Civil Lawsuit by Matthew J. Larkin
- The Erosion of the "Integral and Necessary" Standard Under the Labor Law by Kevin G. Faley and Andrea M. Alonso
- Discovering Social Security - Discovery of Social Security Numbers in Personal Injury Cases in New York State
by Sean R. Smith
In this issue:
- President's Column by Jeanne Cygan
- Undocumented Aliens and Lost Wages by John J. McDonough
- Technology in the Courtroom by Frank V. Kelly
- Disclaiming Coverage In New York by Salvatore J. Calabrese
In this issue:
- President's Column by Michael Caulfield
- The Science of Mold Part II by John J. McDonough
- Is "Deliberately Broad" Preemption Under ERISA Still Deliberate or Broad? by Carl J. Schaerf and Melissa Welch
- The Court of Appeals' Decision in Blake: A Report from the Committee on the Development of the Law
by Dawn C. DeSimone and Andrew Zajac
In this issue:
- President's Column by Michael Caulfield
- The Science of Mold by John J. McDonough
- Following the Falling Object Case by Julian D. Ehrlich
- Terrorism Risk Insurance Act of 2002 by Brian Walsh and Lisa Shreiber
- Transfer of Sidewalk Liability from the City to Commercial Landowners by James P. Connors
Defendant - Winter 2003
In this issue:
- President's Column by Paul M. Duffy
- Emerging Issues: Coverage for Mold Contamination Claims under Commercial General Liability Policies
by John J. McDonough
- Trial Advocacy Program by Roger P. McTiernan
- Current Debate Over Terrorism Coverage by Lisa Shreiber and Brian Walsh
- Worthy of Note by John J. Moore and Christine Moore
- Offenses of The Defense Counsel by Edward Hayes
- Court of Appeals Gives Thumbs Up to Restrictive Interpretation of "Grave Injury" Statute
by Kevin G. Faley and Yolanda L. Himmelberger
In this issue:
- President's Column by Paul M. Duffy
- Blue Smoke, Mirrors and Partial Contractual Indemnification: Dutton v. Panknow
by John J. McDonough
- Worthy of Note by John J. Moore and Christine Moore
- Toure Cases Clarify Issues in No Fault Law by Sean R. Smith
Defendant Spring 2002In this issue:
- Timely Notice of Claim and the Additional Insured by John J. McDonough
- A review of Henry J. Miller's "On Trial" by John J. Moore
- Summary Judgment and the Feigned Issue of Fact Doctrine by Steven R. Kramer
- Worthy of Note by John J. Moore and Christine Moore
- Sweet 16; CPLR Article 16 -- Sixteen Years After Enactment by Julian D. Ehrlich
- Court of Appeals Gives Third-Party Claims the Whole Finger by Barbara D. Goldberg and Christopher Simone
Defendant Spring - Summer 2001
In this issue:
- Discovering Electronic Evidence, Part II by John J. McDonough
- Worthy of Note by John J. Moore and Christine Moore
- Olberly Case Signals Shift in Permanent Loss Exception to No-Fault Law by Sean R. Smith
- CPLR Article 16 - Sword & Shield by Michael Caulfield
- CERCLA Update - Recent Second Circuit Decisions by Steven R. Kramer
- The Scaffold Act: Recent Developments, including the Successful Amicus Curiae Brief Submitted by the Committee
on the Development of the Law by James K. O'Sullivan and Andrew Zajac
In this issue:
- Editor's Message by John J. McDonough
- Discovering Electronic Evidence, Part I by John J. McDonough
- Worthy of Note by John J. Moore and Christine Moore
- CPLR § 5003-a and its Effect on Insured Defendants by Steven R. Harris and Joseph A. DeMauro
- Parental Responsibility for Children's Motor Vehicle Accidents by Kevin G. Faley and Andrea M. Alonso
- Report from the Committee on the Development of the Law: I.Q. Test of Mothers in Lead Paint Cases (Andon)
and Notice and Foreseeability (Buckly) by Andrew Zajac and Dawn C. DeSimone
Defendant Summer 2000
In this issue:
- President's Message by Gail L. Rizert
- Remedies of the Excess Insurer for Malpractice of Defense Counsel: The Quadripartite Relationship by John J. McDonough
- Worthy of Note by John J. Moore and Christine Moore
- Report from the Committee on the Development of the Law: Whether a Defendant in a Lead Paint Case
is Entitled to an I.Q. Test of the Mother by Andrew Zajac
- Recovery for Victims of Commercial Aviation Disasters within 12 Miles from the U.S. Shore is Not Limited
to Pecuniary Damages by Jeffrey D. Fippinger
- Re: Injured Plaintiffs and Formidable Cases by Anthony J. McNulty
- Letters to the Editor: Criteria for Liability not Plaintiff's Status by Carol Moore and Andrew Zajac
- Dropping In on the Causation Controversy in Strict Liability Scaffold Cases by Julian D. Ehrlich
In this issue:
- President's Message by Gail L. Rizert
- Toxic Torts: Medical Monitoring Damages by John J. McDonough
- Worthy of Note by John J. Moore and Christine Moore
- Report from the Committee on the Development of the Law: Bryant v. NYC HHC by Andrew Zajac and Frank V. Kelly
- Certificates of Insurance Revisited by Edward A. Hayes
- The Dram Shop Act and the Visible Intoxication Standard
In this issue:
- President's Message by Edward A. Hayes
- EIFS (Exterior Insulation and Finishing Systems) and Construction Defects Claims by John J. McDonough
- Worthy of Note by John J. Moore and Christine Moore
- Report from the Committee on the Development of the Law: Collateral Source Set-Offs
and the Application of CPLR Article 50-A and 50-B by Frank V. Kelly and Andrew Zajac
- The Slippery Matter of Defenses to Labor Law § 241(6) by Julian D. Ehrlich
Defendant Spring 1999In this issue:
- President's Message by Edward A. Hayes
- Federal Removal by John J. McDonough
- Worthy of Note by John J. Moore
- Proximate Cause in Security Cases: The Predicted Effects of Burgos and Gomez
by Leonard A. Robusto and David Y. Wolnerman
- Negligent Security Liability: Tired Hinges on the Door to Liability Give Way by Leonard A. Robusto and David Y. Wolnerman
- Report from the Committee on the Development of the Law: Update on the Law of Premises Security
by Andrew Zajac and Frank V. Kelly
- The Retroactive and Prospective Application of the 1996 Three Year Statute of Limitations in Non-Medical Malpractice Cases
in New York State by Kevin G. Faley and Andrea M. Alonso
In this issue:
- President's Message by Edward A. Hayes
- Past President's Column by John J. McDonough
- Worthy of Note by John J. Moore- New York Law is Unfair to Subcontractors by Edward A. Hayes
- Report from the Committee on the Development of the Law by Frank V. Kelly and Andrew Zajac
- DRI Corner by Gail L. Ritzert
In this issue:
- President's Message by John J. McDonough
- Scaffold and Indemnification Update by Kevin G. Horbatiuk
- General Liability Carrier vs. 1B Carrier "The Never Ending Battle" by Joel M. Simon
- Worthy of Note by John J. Moore
- DRI Corner by Gail L. Ritzert
- Editor's Note by John J. Moore
In this issue:
- President's Message by John J. McDonough
- Discovery of Non-Parties' Educational Records are essential for an effective lead-paint defense by Jeffrey D. Fippinger
- Worthy of Note by John J. Moore
- Recent Development in Mass Tort and Toxic Tort Litigation by Suzanne M. Halbardier
- The Continued Care Exception to the Medical Malpractice Statute of Limitations - A Defense by Jeffrey R. Miller
In this issue:
- President's Column by John J. McDonough
- Athletic Facility Owner / Operator Duty to the Participant by Gail L. Ritzert
("Fireman's Rule") by Margaret L. Pezzino
- Update on CLE by Jeanne A. Cygan
- Report from Committee on the Development of the Law by Andrew Zajac and Frank V. Kelly
- Structured Judgments and Inflation by James P. O'Connor and Sam M. Mazen
- Worthy of Note by John J. Moore
- ITRI Brick and Antisubrogation: Time to Reevaluate North Star? by Gerry McCarthy
In this issue:
- Daubert and the Admissibility of Expert Opinion in New York by John J. McDonough
- Worthy of Note by John J. Moore
- Video Use in Products Liability Cases: Evidentiary and Substantive Issues by Saul Wilensky and Richard Adam Senzer- Creed v. United Hospital: the Second Department addresses Emotional Distress and I.V.F. by Marian Polovy
- The Qualified Immunity Doctrine for Municipalities by Frederick S. DiStephan
- John E. Boeggeman - A Tribute, by Mark G. Barrett
In this issue:
- President's Message by James G. Barron
- Notitia by John J. McDonough
- Mork vs. The Labor Law by Dennis A. Breen
- "Admissibility of Criminal Convictions at Civil Trials" by Marian Polovy
In this issue:
- President's Message by James G. Barron
- Preindemnification Redux by John J. McDonough
- Common Law Indemnification Relief for Strict or Vicarious Liability by Glenn H. Shore
- Federal Court is Different by Mark G. Barrett
- DRI Standing Committee on State and Local Defense Organizations by Kevin J. Kelly
In this issue:
- President's Message by Roger P. McTiernan
- President's Farewell Message by Robert E. Quirk
- DRI Corner by Ralph V. Alio
- Faultless Indemnity by John J. McDonough
- Asbestos Update by Suzanne M. Halbardier
- House Counsel - An Analysis by Richard Tarangelo
- Care and Feeding of a Defense Expert Part Two by Andrew LaVoott Bluestone
In this issue:
- President's Message by Robert E. Quirk
- Alternative Theories of Liability in Products Liability Litigation by John J. McDonough
- DRI Corner by Ralph V. Alio
- The Imposition of Sanctions in State and Federal Courts by Michael J. Holland
- Care and Feeding of a Defense Expert Part One by Andrew LaVoott Bluestone
DANY has been serving New York's Defense Bar and legal community for over 50 years. Historical materials, photographs, and announcements may be found throughout this website.
