Act of God Defense and Sandy: Fact-Intensive Analysis Required

Alan L. Fuchsberg, a partner at the Jacob Fuchsberg Law Firm, and Edward J. Hynes, a senior associate at the firm, write that to prevail on the Act of God defense under New York law, defending parties need to establish that there was a climatic phenomenon so forceful that it caused an injury and also that there was no contributing negligence on their part.

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