SOL 1 year after D caused P's injury (if anniversary of action falls on holiday or sunday then can commence action day after)

1) intent -to cause severe emotional distress or act with recklessness to risk distress

2) extreme or outrageous conduct

- NY includes intentional mishandling of corpse

1) intentionally commits an act of possession or interference (no need to intend damage) with P's chattel that deprives P of chattel

2) remedy must pay full value as of time of conversion.

Generally 3 years from negligent act/injury. 

- exposure harmful substance runs from time injury discovered or should have been discovered. 

- tolled for minor or insane

- medical malpractice 2 years 6 mos

- parents-children no negligent supervision in NY unless parent know child had vicious tendencies or negligently entrusted child with dangerous instrument.

-physician-patient: informed consent duty

- driver-passenger: no guest statute same reasonable care

- landowners-persons on land: largely abandoned distinctions between invitees, licensees and trespassers. general rule that landowner owes a duty to exercise reasonable care in maintinaing property in safe conditions to all. (status relevant to determine foreseeability)

Duty

Breach

Causation (both proximate and but for)

Damages

Ny does NOT follow rule. p's recovery will be reduced by any benefit or paymetn provided from outside source

Allowed absent physical injury in three circumstances

1) special duty owed to P, duty if breached and no threat to Ps safety. 

2) breach of duty of care to P that crease unreasonable risk of physical harm to P.

3) Bystander cses where P witnesses injury to immediate family member while P is in zone of danger created by D.

generally when tort commited within scope of employment not intentional torts. But may include negligent hiring or supervision of employee. 

NY punitives only when employer grossly negligent in hiring, general managerial responsibilites delegated to employee or employer authroized or ratified tortious conduct.

1) owner of car may be liable for toritous acts of anyone using the car with permission. 

2) permissive use statute provides that

a) registration is prima facie evidence of ownerships for rebusttable presumption driver operated with permission

b) not necessary that person borrowing actually drive-loading/unloading is sufficient

c) owner may not be held liable for intentional tortious conduct.

limited to 5000 for intentional willful acts of children over 10. 

permits third parties injured by intoxicated persons to recover from seller/server of alcohol upon proof that patron was visibly intoxicated or habitual drunkard. 

limited immunitry for municipalites when performing traditional governmental functions but not when city perofrming proprietary function.

1)  if special relationship then liability may attach if i) gov voluntarily enterd duty to act on behalf of individual or group AND ii) individaul/group relies on past performance of duty.

2) if no special relationship no liability for failure to provide services

Equitable share based on relative culpability. 

Non-economic damages limited for tofeasor found 50% or less at fault.

1) contributory fault = NY has pure comparative negligence so recovery is reduced but not barred by P's negligence. 

- unless P commits serious crime. 

2) assumption of risk = complete bar

- can be express (knowing consent) or primpary (obvious inherent risk tha tP volunteers)

- recreational owners can cannot disclaim liability on tickets if user pays fee to use facility. 

3) NY abolished firefighters rule now allows recovery against any person except employer, or co-workers.

1) scaffolding law - GCs and owners SL for height related injuries  (except 1-2 story family dwellings , architects, p is sole proximate cuase or refused to use safety devises)

2) Products Liability

- design defect: Product was i) defectively designed ii) defect existed when left Ds control iii) defect caused injury and iv) P used in reaosnably foreseeable way. 

- not liable for post-sale substantial modificaiton of prod that renders unsafe (failure to warn may be allowed)

1) no "right to privacy"

2) tort of appropritaion (unathorized use of Ps picture or name for commercial purpose)

3) NY does not recognize intrusion, false light, or disclosure.

inducing a breach of contract

- allows recovery of punitives, emotional disress and economic damages. 

theft of trade secrets if i) prove valid trade secret ii) not commonly known iii) secrecy preserved and iv) D used improper means to acquire.

unfair competition when business possesses goodwill for propertof commerical advandage that is protected from misappropriation by others to compete.

requires all owners to obtain linsurance to cover any person

Basic economic loss up to 50,000 (not allowing noneconomic loss)

no fault insurance replaces right ot sue in tort unless suffer

1) serious injury (death, disfigurement, fracture or permanent loss/impairment of function > 90 days)

2) uninsured motorist involved

3) economie loss > 50,000

no-fault insurance covers emplyoees injured on job or disease from workplace condictions or death. 

- not to intoxiated employees or injuries to do sporting activies. 

- covers medical expenses and wage replacement not non-economic damages.

Can sue if gravely injured