County, City, Town Not Liable for Motor Vehicle Accident In Full v. Monroe County Sheriff’s Dept., 2017 NY Slip Op 05557 (4th Dep’t July 7, 2017), the plaintiff sought damages for injuries sustained when he was struck by a motor vehicle. On the day of the accident, Monroe County had sponsored an air show at…
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…
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…
Language of Settlement Agreement Key in Subsequent Action In Marinaccio v. Town of Clarence, 2017 N.Y. Slip Op. 04962 (4th Dep’t June 16, 2017), the plaintiff and Town entered into a settlement agreement, pursuant to which the Town would pay the plaintiff $1,200,000, and the plaintiff would deed to the Town a 30–foot strip of…
In Berner v. Town of Cheektowaga, (4th Dept. 2017 WL 2491014), a case handled by Kevin Loftus and Nicholas Hriczko of our office, plaintiff commenced a New York Labor Law cause of action alleging that he sustained injuries after falling from a ladder while repairing a vacant home. On appeal, the Fourth Department agreed with…
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…
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…
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. …
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…
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…