In a decision that reiterated the need for there to be other than economic impacts to a property owner to serve as a basis for challenging the environmental review of a local law or ordinance, the Appellate Division affirmed the lower court dismissal of a challenge to a zoning amendment. In the case, Matter of…
Law firms frequently insert arbitration clauses into their retainer agreements, and require arbitration of all claims concerning potential malpractice. In an unusual setting, the clients sue their attorneys for failing to tell them to basically do the same thing, Signature Cleaning Servs., Inc. v Grimaldi 2024 NY Slip Op 32966(U) August 23, 2024 Supreme Court,…
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Introduction In 2016, these parties reported $43,773 as their total income on their jointly filed income tax return. In 2017, these parties reported $31,862 on their jointly filed income tax return. In 2018, these parties reported $74,693 as their total income on their joint filed income tax return. Yet during this marriage, the parties drove,…
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The Appellate Division reversed a determination of the Supreme Court that had upheld the granting of a special permit and site plan, where the proposal failed to fully comply with the zoning ordinance. In the Matter of Marcus v. The Planning Board of the Village of Wesley Hills, the appellate division found that the lower…
Buckner v. DEMLING, 2024 NY Slip Op 50857 – NY: City Court, Civil Court 2024: “In this action, plaintiff alleges that she purchased a cat from defendant, a cat breeder. Plaintiff contends that the cat, “Sugar,” was terminally ill at the time of sale. Plaintiff brings this action for $8,062.21, representing Sugar’s purchase cost and…
The Appellate Division determined that the challenge to a proposal for a telecommunications facility (cell tower) on State land was not yet ripe for review. In Village of Pelham Manor v. Crown Communications N.Y., Inc. the Appellate Division found that, where Crown Communications had a contract with the State to construct cell towers on state…
Pilots like bus drivers, ship captains, and train operators are professional operators with a lower BAC of .04 for DWI. This pilot had a .34 at 7am! He argued he never operated the plane and didn’t even start the engines. Pilot Charged Under 18 USC section 342 (federal DWI) He Says He Never Operated the…
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Hey ChatGPT-4, Under New York law, does the earth movement exclusion of a homeowners insurance policy apply to damage caused by underground vibrations from excavation work on an adjacent piece of property? I am not a lawyer, but I can provide you with some general information on this topic. Under New York law, the…
The Appellate Division Second Department found that challenges to requirements of two Zoning Board of Appeals decisions and the conditions to a site plan approval issued by a Planning Board should stand. In the Matter of Florida Historical Society v. the Zoning Board of Appeals of the Village of Florida, the Court held that the…
Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case. Since…
