Summing Up April 2019

Plaintiff Denied Summary Judgment Relative to His “Serious Injury” In Savilo v. Denner, 2019 N.Y. App. Div. LEXIS 1920, the Fourth Department reversed an order granting the plaintiff’s motion for summary judgment on the issue of serious injury as defined by Insurance Law § 5102 (d). First, the court held that the “plaintiff failed to…

Municipal Law Update April 10, 2019

Fourth Department Affirms Denial of Claimant’s Application to Serve Late Notice of Claim In Powell v. Central New York Regional Transportation Authority, 92 N.Y.S.3d 791 (4th Dept. 2019), the plaintiff sought compensation for injuries she sustained while existing a bus owned and operated by Central New York Regional Transportation Authority.  The three main factors a…

Summing Up March 2019

Municipality’s Cross-Motion for Summary Judgment Deemed Premature When the Motion was Based on Materials Likely in the Plaintiff’s Possession In Beck v. City of Niagara Falls, 2019 NY Ap. Div. Lexis 10002, a premise liability action, 17-year-old Daniel J. Beck alleged injuries sustained while working as an employee of the National Maintenance Contracting Corporation (NMCC),…

Summing Up February 2019

“Child Victims Act” Drastically Increases the Statute of Limitations for Cases of Child Sexual Abuse in NYS On January 28, 2019, the New York State Legislature passed a bill that increases the statute of limitations for cases of child sexual abuse. It applies to claims against abusers as well as private and public institutions such…

Business News February 2019

NY Lawmakers Pass GENDA On January 15, the New York legislature passed the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Not only does this new law make it illicit to take adverse employment action against someone due to their gender expression or identity, but it also expands the…