Article in New York Law Journal today. [The Court of Appeals is the highest court in New York State.]
Construction Litigation in the Wake of 'Yenem'
By Stephen A. Hoffman and Jeffrey S. Matty
"The landscape of construction litigation in New York City will see a drastic change following the 2012 Court of Appeals decision in Yenem Corp. v. 281 Broadway Holdings.1 The court's decision increases the exposure of construction professionals for damages associated with neighboring excavation projects. This article analyzes Yenem's progeny and the issues facing the construction industry today as a result of the Court of Appeals' ruling which imposes a strict liability standard for damage to adjacent properties proximately caused by neighboring excavation projects."
