Summing Up February 2022

Subrogee Plaintiff Successfully Defeats Defendant’s Res Judicata Claim In, Cincinnati Ins. Co. v. Acadia Ins. Co., No. 20-01029, 2021 WL 6071718 (4th Dept 2021), plaintiff, as subrogee of 60 LBC, LLC (60 LBC), commenced an action for damages arising from defendant’s improper disclaimer of insurance coverage as an additional insured on a liability policy. In…

Business News February 2022

New Small Business Tax Rule for 2022 The American Rescue Plan Act of 2021 is a $1.9 trillion economic stimulus bill designed to facilitate US recovery from the economic and health effects of the pandemic. After a change within the Act, starting in 2022, small business owners or freelancers that get paid from a digital…

Municipal Law Update January 28, 2022

Appellate Court Upholds Oneida County’s Right to Eminent Domain In Truett v. Oneida Cty., No. 1042, 2021 WL 6072291 (4th Dept 2021), Petitioners sought to annul the determination of respondent, Oneida County, to condemn certain real properties by eminent domain for the construction of a public parking facility in the City of Utica. The Appellate…

Business News July 2021

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…

Summing Up June 2021

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…

Summing Up May 2021

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…

Summing Up April 2021

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…

Municipal Law Update March 3, 2021

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.,…

Summing Up March 2021

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,…

Summing Up February 2021

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…