Advance Child Tax Credit Payments to Begin July 15, 2021 The American Rescue Plan, which was passed in March 2021, included a one-year expansion of the Child Tax Credit that increases the total credit available. Under the American Rescue Plan, it also allows the tax credit to be distributed in advance periodic payments. However, the…
Plaintiff Successfully Invalidates Pre-Suit Settlement Release In Cain-Henry v. Morgan and Simkin-James, et al, (4th Dept., May 7, 2021), plaintiff commenced a personal injury action after being involved in a motor vehicle accident with defendants Morgan and Simkin-James. Approximately two months after the accident, plaintiff signed a general release from defendant Morgan’s insurance carrier, relieving…
Plaintiff Fails to Demonstrate as a Matter of Law that Defendant Officer Was Not Involved in an Emergency Operation at the Time of the Motor Vehicle Accident In Torres-Cummings v. Niagara Falls Police Dept., (4th Dept. 2021), the plaintiff sustained injuries as a result of a collision with a police vehicle operated by Officer Kelly…
Elk’s Lodge Deemed “Specialty Property” for Purposes of Damages In Benevolent & Protective Ord. of Elks of United States of Am. v. Creative Comfort Sys., Inc., 2021 NY Slip. Op. 01672 (4th Dep’t Mar. 19, 2021), the plaintiffs brought suit seeking damages sustained as the result of a fire caused by defendants’ negligent installation of…
Cases from Decisions Filed February 5, 2021 – Fourth Department Evidence that City Affirmatively Created a Dangerous “Pavement Cutout” in Street Results in Reinstatement of Injured Bicyclist’s Lawsuit, Despite Showing that the City Lacked “Prior Written Notice” of the Defect In the matter of Horst v. City of Syracuse, NY Slip Op 01591 (4th Dept.,…
Plaintiff’s Motion to Amend Complaint Granted when Defendants Could Not Establish Delay or Prejudice Pitt v. The Hague Corp., et al, 2021 N.Y. Slip Op. 00730 (4th Dept., February 5, 2021) Plaintiff, Veronica Pitt, allegedly sustained injuries when she slipped in water that leaked from a vending machine located in a building owned by defendant,…
Indemnity Reduction Clause in Accident Insurance Policy Did Not Violate New York’s Consumer Protection Law In the matter of Greene v. National Income Life Ins. Co., 2020 Slip Op 00092 (4th Dept., December 23, 2020), plaintiff, a beneficiary of her late husband’s accident insurance policy, commenced an action against the defendant, National Income Life Insurance…
Congress Deadlocked on Additional Stimulus Relief Congressional Democrats and Republicans are holding firm to their differing priorities on a new round of stimulus relief. Democratic leadership in the House and Senate are continuing to push for the Health and Economic Recovery Omnibus Emergency Solutions Act, or the HEROES Act, which was introduced in the House…
New York Provides Additional Relief for Small businesses, Nonprofits and Small Landlords In the wake of the COVID-19 pandemic, New York State has implemented a new economic recovery loan program known as the New York Forward Loan Fund (NYFLF). The loan program is targeted at supporting small businesses, nonprofits and small landlords within New York…
Fourth Department Utilizes U.S. Supreme Court Precedent to Modify Charge against Bail Bond Organization, Confirms other Charges and Penalties Buffalo Bail Bonds Agency Inc. v. Vullo (March 20, 2020) http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2020/0320T1500/PDF/1256.pdf This case presented an Article 78 proceeding to review a determination by respondent, Maria Vullo as Superintendent of Department of Financial Services, a New York…