ALBANY, N.Y. â The Towne Law Firm, P.C. (TLF) announced the addition of recently retired Judge Eugene Devine of the Appellate Division along with Attorney Jessica A. Rounds to its team.
Devine, an Albany native, has been engaged in private general practice for more than 30 years, with a focus in the fields of pension/health insurance, labor, commercial, banking, real estate, and criminal law. Prior to joining TLF, Devine was elected Justice of the New York Supreme Court in 2006.
In 2014, he was appointed by Gov. Andrew Cuomo to the Appellate Division of the New York State Supreme Court, Third Department. Before taking the bench, he was the Albany County Public Defender overseeing a staff of 35 attorneys and was also the Chief Attorney for the Albany County Department of Social Services.
Bobby Flay and 1140 Broadway (Getty, Google Maps)
In one of the first rulings in a Covid-related landlord-tenant dispute, a judge has decided that an office tenant is on the hook for months of unpaid rent, despite the pandemic killing its business.
Bold Food, the hospitality group founded by celebrity chef Bobby Flay, leased an office on the 12th floor of 1140 Broadway when the pandemic hit. But Covid “destroyed Bold Food’s ability to operate and earn revenue,” as lawyers for the firm wrote a memorandum of opposition to a lawsuit filed against the company.
Eventually, the company notified its landlord that it would vacate the space at the end of June without paying back or future rent, citing Covid-related financial woes as the reason.
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[co-author: Sarah DeAgostino]
In
Luzuriaga v. FDR Servs. Corp., 2020 NY Slip Op 07185 (2d. Dep’t 2020), the Appellate Division, Second Department of the New York State Supreme Court recently affirmed a lower decision to grant a defendant’s request for an adverse inference charge after the plaintiff’s wife “accidently” deleted or spoliated 39 out of 271 photographs from the plaintiff’s phone. The photographs had been the subject of an earlier document request and were relevant to the dispute. This case serves as a stark warning to litigants both about the fragility of electronic data and the need to preserve such data in litigation.
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