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…
Third Department Considers Coverage Issue Regarding Business Interruption Insurance In Binghamton Precast & Supply Corp. v Liberty Mut. Fire Ins. Co., 2020 NY Slip Op 02214 (3rd Dep’t Apr. 9, 2020), the plaintiff maintained business interruption insurance through defendant Liberty Mutual. Plaintiff was a manufacturer, seller and distributor of precast concrete products. Plaintiff’s concrete mixer…
Federal Stimulus Relief Package Includes $350 Billion Loan Program for Small Businesses Impacted By Covid-19 Epidemic On Friday March 27, Congress signed into law an unprecedented $2 trillion federal corona virus relief package, officially known as the CARES Act, which includes nearly §350 billion of funding for small business loan program. The program is designed…
Appellate Division Dismisses Complaint as Barred by the One-Year Statute of Limitations In Kessel v. Adams (4th Dept. 2020), the plaintiff, a school teacher, sought damages as a result of injuries she sustained when two of her students began fighting and the plaintiff was propelled into a locker. The plaintiff asserted a negligence cause of…
Court Rejects Individual Defendant’s “Truth” Defense to Defamation Claim and Municipal Defendant’s Argument that Plaintiff’s Negligence Claim was “Duplicative” of the Defamation Cause of Action In Olney v. Town of Barrington, 2020 N.Y. App. Div. LEXIS 1011 (4th Dept. 2020), the plaintiff commenced an action against The Town of Barrington, the Town’s Code Enforcement Officer,…
Defendant Denied Summary Judgment When Its Own Submissions Create a Question of Fact In Carroll v. Willow Bend Farm, LLC, et al, (4th Dept., February 7, 2020), plaintiff alleged to have been injured following an accident which occurred while she was a passenger on a motorcycle operated by defendant Jack Moses Baker. The accident occurred…
Cases from January 31 decisions Plaintiff Failed to Establish Good Cause to Serve a Late Notice of Claim Vitko v. Town of Orchard Park (4th Dept. 2020) This case presented an appeal of a Supreme Court order granting the plaintiff’s application for leave to serve a late notice of claim. The order was issued by…
Slimy By Nature In Griffin v. Anthony, et al (4th Dept., 2020), plaintiff commenced an action for injuries she sustained as a result of slipping and falling on a front porch of the home owned by the defendants. In support of plaintiff’s position, plaintiff took photographs of the porch approximately five weeks after the fall…