Municipal Update November 15, 2017

Defendants’ Alleged Negligence was Not a Proximate Cause of the Accident In Gregory v. Cavarello, (4th Dept. 2017) a case in which Chelus, Herdzik, Speyer & Monte, P.C. represents defendant Steven Cavarello, the Fourth Department dismissed the case as against defendants National Fuel Gas Distribution Corporation, Municipal Pipe Company and the City of Buffalo. Plaintiff,…

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…

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. …