Question of Fact Precludes Summary Judgment Under §1104(e) for City In Oddo v City of Buffalo, 2018 NY Slip Op 02041 (4th Dep’t Mar 23, 2018), the plaintiffs commenced an action seeking to recover damages for injuries sustained by plaintiff Heather R. Oddo when the vehicle she was driving collided at an intersection with a…
Personal Injury Action Against City Dismissed As Time-Barred In Baity v. City of Buffalo, 2018 NY Slip Op 01727 (4th Dep’t Mar 16, 2018), the plaintiff brought suit asserting various tort claims under state law against the defendant as a result of being arrested, detained, and then released on August 7, 2006 without charges being…
Appellate Division Reverses a Finding of Liability Pursuant to Labor Law §240(1) in a Case Involving a Fall from a Ladder. In Bonczar v. American Multi-Cinema Inc., et al, (4th Dept., February 2, 2018), the plaintiff commenced a personal injury action for injuries he alleged to have sustained after falling from a ladder in the lobby…
No “Reckless Disregard” Standard for Municipal Dump Truck Driver In Zanghi v. Doerfler, 2018 NY Slip Op 00963 (4th Dept Feb 9, 2018), a case handled by Michael J. Chmiel and Eric W. Marriott of our offices, the defendants were James Doerfler, a municipal dump truck driver, and the Town of Amherst, his employer. Mr.…
Plaintiff Failed to Meet Burden of Proof in Opposing City’s Motion for Summary Judgment In Burke v. City of Rochester, (4th Dept. 2018), the plaintiff allegedly sustained injuries after stepping into a sinkhole in front of her home, which was covered with snow. A year prior to the accident, the City of Rochester performed a…
IRS WARNS OF FORM W-2 PHISHING SCAMS The IRS has issued a warning to employers to be cautious of a Form W-2 phishing scam. This scam seeks copies of the Form W-2s for employees. The scammers pose as company officials who send emails to their payroll personnel requesting informational copies of all employees’ W-2s. The…
Carrier Entitled to Offset of All Occupants of Vehicle in Sum Case As discussed in In the Matter of the Arbitration Between New York Central Mutual Fire Insurance Company and Brandon J. Baker, (4th Dept. 2017), Brandon J. Baker was injured in a motor vehicle accident while riding as a passenger in a vehicle driven…
Plaintiff Entitled to Subpoena Billing and Payment Records of Defendants’ IME Expert In Porcha v. Binette, (4th Dept. 2017), the plaintiff commenced an action for injuries she sustained as a result of a motor vehicle accident. The defendants served plaintiff’s counsel with a notice for an Independent Medical Examination, which was later performed by Dr.…
Summary Judgment Granted As Village Did Not Have Prior Written Notice of Defect In Malek v Village of Depew, 2017 NY Slip Op 08998 (4th Dept Dec. 22, 2017), the plaintiff brought suit to recover damages for injuries that he sustained when his foot fell through the pavement adjacent to a storm drain that was…
Fourth Department Protects a Portion of the Claims File Including Information Related to Reserves and Pre-Litigation Legal Opinion from Carrier’s Counsel In Celani v Allstate Indem. Co., 2017 NY Slip Op 07799 (4th Dept. 2017), the plaintiff, individually and on behalf of her infant daughter, commenced suit seeking damages for injuries sustained by her daughter…