New Court of Appeals Ruling on Notice of Claim Extensions The Court of Appeals recently ruled in Newcomb v. Middle County Central School District, 28 N.Y.3d 455, 45 N.Y.S.3d 895 (Dec. 22, 2016), that in order to receive an extension of time to file a notice of claim under General Municipal Law § 50–e(5), the…
Serious Injuries of Postconcussion Syndrome and Posttraumatic Headaches Found Attributable to First of Successive Collisions Upon Expert Testimony In Armprester v Erickson (4th Dept., 2017), plaintiff sued to recover damages for injuries she sustained in successive motor vehicle collisions. In March 2013, plaintiff was driving her vehicle north on Niagara Falls Boulevard at approximately 45…
Speculative Opinion of Expert Does Not Raise Triable Issue of Fact In Slattery v. Tops Markets, LLC, 2015 WL 5446354, (4th Dept., Feb. 10, 2017) the decedent plaintiff sued for damages as a result of a slip and fall in a Tops Markets grocery store. The defendant moved for summary judgment dismissing the complaint. The…
New York State Anticipates Implication Issues with New Multi-Tiered Minimum Wage System In April 2016, New York approved a multi-tiered minimum wage system, which took effect December 31, 2016. The structure of the new law sets minimum wages according to the geographic location of the employer and in some cases the size of the employer’s…
Issues of Fact Preclude a Finding of Summary Judgment In Favor of the Plaintiff on the Issue of Serious Injury In Hines–Bell v. Criden, 145 A.D.3d 1537 (4th Dept., 2016), the plaintiff sued the defendant for injuries she allegedly sustained after the defendant rear-ended her vehicle. Plaintiff moved for summary judgment on the issue of…
County Only Entitled to Reimbursement for Money Paid in Excess of Basic Economic Loss In County of Erie v. Volante (4th Dept. 2016), plaintiff commenced an action pursuant to General Municipal Law §207-c (6) seeking reimbursement for the salary and medical expenses it paid on behalf of a police officer who was injured when his…
Britain’s Departure from the European Union has Wide Implications for the U.S. Economy On June 24, 2016, Britain voted to leave the European Union, sending shockwaves worldwide, including within the U.S. Economy. As such, although trade between the United States and Britain makes up only 0.5% of U.S. economic activity, this change could have implications…
Recent Changes to Department of Labor’s Overtime Regulations will Automatically Extend Overtime Pay Protection to Over 4 Million Workers within the First Year On May 18, 2016, President Obama and Secretary of Labor Thomas Perez announced the publication of the Final Rule with respect to changes in the overtime regulations. These changes will extend overtime…
Alcoholic Beverage Panel Recommends Modernizing Alcoholic Beverage Control Law On Wednesday, April 13, the Alcoholic Beverage Control Law Working Group released its final report recommending ways to streamline and modernize New York’s 82 year old Alcoholic Beverage Control Law. The 19 member group, created by Governor Andrew Cuomo last November, consists of the Chairman…
Governor Cuomo’s 2016 Agenda Includes Significant Tax Relief for Small Businesses In an effort to increase regional economic development, Governor Cuomo unveiled his fourth proposal to his 2016 agenda which focuses on tax breaks for small businesses. Governor Cuomo’s fourth proposal is projected to save small businesses approximately $298 million dollars annually. If all goes…