Buffalo, New York Legal Blog

The New York Court of Appeals, our state's highest court, recently decided Rodriguez v. City of New York. The court held that plaintiffs do not have the burden to establish the absence of their own comparative negligence in order to win partial summary judgment.

Such a ruling will create difficulties for defendants in lawsuits. Due to this ruling, defendants can expect to see more summary judgment motions filed by plaintiffs.

Without question, startup businesses contribute greatly to both the local and national economy. Yet depending on who you believe, it is difficult to determine whether startups are doing better or worse in our nation's economy.

A recent New York Times article suggests that while there is a great deal of good news concerning today's economy, there has been a decline in the number of startup companies during the last few decades. The article goes on to say that we need to figure out a new set of policies to bring startups back, and that a decline in overall competition is contributing to this problem.

There is plenty of competition for obtaining a New York liquor license. New York's Division of Alcoholic Beverage Control regulates approximately 70,000 licenses in a variety of different zones. In a state of close to 20 million residents, many other businesses would like to license as well.

Whether wholesale or retail, obtaining a liquor license is an extensive undertaking. A thorough investigation takes place by the licensing authority upon submittal of an application. There will also be an investigation of all individuals seeking the license, where sale of liquor is to take place, and the methods for financing the venture.

Over the strong objections of doctors and hospitals, New York Governor Andrew Cuomo recently signed into law a measure that extends the statute of limitations for certain types of medical malpractice lawsuits.

Dubbed Lavern's Law, the bill gives patients two and a half years in which to file a malpractice claim after they learn of a missed diagnosis of cancer. The measure is named after a woman who died in 2013 after doctors did not detect that she had lung cancer.