Municipal Update July 7, 2017

Plaintiff Wins on Motion to Access Emergency 911 Records In Abate v. County of Erie, 2017 NY Slip Op 05351 (4th Dep’t June 30, 2017), an unusually intense winter storm stranded plaintiff’s decedent inside his vehicle.  The decedent called 911 at 3:50 a.m. to report his predicament.  The dispatcher instructed the decedent to remain in…

Summing Up July 2017

Fourth Department Declines to Consider Town an Owner Under Labor Law In Berner v. Town of Cheektowaga, 2017 N.Y. Slip Op. 04610 (June 9, 2017), the plaintiff commenced a Labor Law and common-law negligence action for injuries he allegedly sustained while replacing a board on the exterior of a vacant house, located in the Town…

Summing Up June 2017

Fourth Department Declines to Apply “Storm in Progress” Doctrine In Mosley v State of New York, 2017 NY Slip Op 03653 (May 5, 2017), the plaintiff sought damages for injuries she allegedly sustained when she slipped and fell on ice and snow on a walkway leading to the entrance to the Orleans Correctional Facility during…

Municipal Update May 10, 2017

Plaintiff Raises Question of Fact on Issue of Whether City was Negligent in Affirmatively Creating a Dangerous Condition In Ahern v. City of Syracuse, (4th Dept. 2017), the plaintiff commenced an action against the City of Syracuse for injuries he allegedly sustained after he tripped and fell on a broken curb.  The Fourth Department acknowledged…

Municipal Update May 3, 2017

Issue of Fact Precludes “Reckless Disregard” Standard of Care in Negligence Action In Martinez v. City of Buffalo, 2017 WL 1527026 (4th Dept. 2017), the plaintiff commenced an action for injuries he allegedly sustained after being struck by a snowplow.  The operator of the snowplow, Thomas Alan Gill, was employed by the City of Buffalo. …

Business News for May 2017

President Trump Unveils Plan for Sweeping Tax-Cuts for Corporations On April 26, President Trump unveiled the blue prints to his plan for an overhaul of the tax code, including a proposal to lower the corporate tax rate to 15 percent. The current U.S. corporate tax rate is 35%, the highest among developed economies. Many smaller…

Summing Up May 2017

Court of Appeals Holds Competing Expert Affidavits Raise a Question of Fact Precluding Summary Judgment in Favor of Plaintiff on Labor Law §240(1) Claim In O’Brien v. Port Auth. of N.Y. & N.J., 2017 WL 1166795 (2017), the plaintiff, who was an employee of a subcontractor at the 1 World Trade Center construction site, commenced…