Summing Up May 2020

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…

Business News April 2020

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…

Summing Up April 2020

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…

Municipal Law Update March 4, 2020

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,…

Summing Up March 2020

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…

Summing Up February 2020

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…

Business News January 2020

Notice Now Required of Establishments Submitting a New or Renewal of Liquor License On December 20, 2019, Governor Cuomo signed Senate Bill S2359, amending the Alcoholic Beverage Control Law to require the posting of notice by certain establishments of a new or renewal application for a liquor license. The bill, passed by a 61-1 vote…

Summing Up January 2020

Plaintiff Survives Summary Judgment Thanks to Testimony of Neurosurgeon In Taylor v. Kelly, 2019 N.Y. App. Div. LEXIS 9243 (4th Dept. December 20, 2019), the plaintiff brought an action against the defendant for injuries she allegedly sustained when the vehicle she was driving was rear-ended by the defendant. The plaintiff claimed to have sustained injuries…

Municipal Law Update December 20, 2019

Cases Published November 8, 2019 Fourth Department Affirms Order to Continue City’s Special Proceeding for Abatement of Gutter Violation City of Rochester v. Turner http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2019/11-08-19/PDF/0939.pdf Petitioner-respondent, City of Rochester, commenced a special proceeding in City Court seeking abatement of certain property code violations, chiefly with respect to gutters, and an order compelling respondents-appellants, Thomas Turner…