Appellate Division Reinstates Vicarious Liability Claims, Rejects Graves Amendment Defense

Kelly v. Prohaska, 2024 NY Slip Op 00527, 224 A.D.3d 1254, 205 N.Y.S.3d 304 (App. Div.). On appeal, the Supreme Court of New York, Appellate Division modified the lower courts order denying the respondents motion for summary judgement in part, reinstated the plaintiffs’ vicarious liability claims against the respondent, and granted the plaintiffs cross-motion in part by dismissing plaintiff’s affirmative defense based on the Graves Amendment. As modified, the order was affirmed without…
By: Marshall Dennehey