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…

Municipal Law Update July 13, 2018

Hearing Officer’s Determination Supported by Substantial Evidence In the Matter of Thomas Cordway v. Cayuga County, et al., (4th Dept. 2018), petitioner Cordway was a deputy sheriff who commenced an Article 78 proceeding challenging the termination of the disability benefits he was receiving pursuant to General Municipal Law Section 207-c. The Fourth Department held that…