Municipal Law Update January 28, 2022

Appellate Court Upholds Oneida County’s Right to Eminent Domain In Truett v. Oneida Cty., No. 1042, 2021 WL 6072291 (4th Dept 2021), Petitioners sought to annul the determination of respondent, Oneida County, to condemn certain real properties by eminent domain for the construction of a public parking facility in the City of Utica. The Appellate…

Municipal Law Update March 3, 2021

Cases from Decisions Filed February 5, 2021 – Fourth Department Evidence that City Affirmatively Created a Dangerous “Pavement Cutout” in Street Results in Reinstatement of Injured Bicyclist’s Lawsuit, Despite Showing that the City Lacked “Prior Written Notice” of the Defect  In the matter of Horst v. City of Syracuse, NY Slip Op 01591 (4th Dept.,…

Municipal Law Update June 15, 2020

Fourth Department Utilizes U.S. Supreme Court Precedent to Modify Charge against Bail Bond Organization, Confirms other Charges and Penalties Buffalo Bail Bonds Agency Inc. v. Vullo (March 20, 2020) http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2020/0320T1500/PDF/1256.pdf This case presented an Article 78 proceeding to review a determination by respondent, Maria Vullo as Superintendent of Department of Financial Services, a New York…

Municipal Law Update March 4, 2020

Court Rejects Individual Defendant’s “Truth” Defense to Defamation Claim and Municipal Defendant’s Argument that Plaintiff’s Negligence Claim was “Duplicative” of the Defamation Cause of Action In Olney v. Town of Barrington, 2020 N.Y. App. Div. LEXIS 1011 (4th Dept. 2020), the plaintiff commenced an action against The Town of Barrington, the Town’s Code Enforcement Officer,…

Municipal Law Update December 20, 2019

Cases Published November 8, 2019 Fourth Department Affirms Order to Continue City’s Special Proceeding for Abatement of Gutter Violation City of Rochester v. Turner http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2019/11-08-19/PDF/0939.pdf Petitioner-respondent, City of Rochester, commenced a special proceeding in City Court seeking abatement of certain property code violations, chiefly with respect to gutters, and an order compelling respondents-appellants, Thomas Turner…

Municipal Law Update June 17, 2019

Fourth Department Makes Findings on Summary Judgment Motions in Case of Stolen Brain Matter In Dunn v County of Niagara, 2019 NY Slip Op 04530 (4th Dept. Jun. 7, 2019), on April 13, 2012, defendant Russell Jackman, then a coroner employed by defendant County of Niagara, responded to the fatal accident of plaintiffs’ son.  Jackman…

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…