The Supreme Court of the State of New York Appellate Division (Second Judicial Department) (“Court”) addressed in a January 20th Order a zoning issue associated with the storage of vehicles with mounted hydrovac equipment. See I
n the Matter of WCC Tank Technology, Inc., et al., v. Zoning Board of Appeals of the Town of Newburgh, New York, et al. 2019-00563.
The zoning at issue involved the Town of Newburgh, New York (“Town”).
2102 Partners, LLC (“2102 Partners”), owns property in the Town. It operates a fuel tank lining business on the property. The property is zoned Agricultural Residence.
The Zoning Board of Appeals (“Board”) of the Town denied 2102 Partners’ application for an interpretation that the indoor parking and storage of vehicles with mounted hydrovac equipment is a permitted use pursuant to a 1982 use variance. In the alternative, it requested a use variance.
Key Points:
On February 9, 2021, the New York Appellate Division, First Department, affirmed the dismissal of a defamation action brought by Eros International plc, an Indian media company, against several short sellers based on a series of investor reports, tweets and public statements questioning the accuracy of Eros’s reported financials.
In affirming the decision below, the court agreed that the investors’ statements were constitutionally protected opinion based on each statement’s disclosure of underlying facts and the use of speculative language.
The decision emphasizes that critical statements concerning third parties must be made carefully and joins a growing body of precedent protecting investment analysts from lawsuits aimed at chilling free speech.
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One of the nation’s most successful and longest-established insurance recovery practices, led by noted policyholder advocate Robin Cohen, is launching its own law firm. Cohen Ziffer Frenchman & McKenna opens with over 20 lawyers and staff, many of whom have worked together for more than 20 years at prestigious litigation firms, recovering billions of dollars for policyholder clients and securing landmark judicial rulings. The firm will be based in New York and expects more lawyers to join in the coming months.
Cohen most recently led the insurance recovery practice at trial firm McKool Smith, where she worked alongside her longtime partners Adam Ziffer, Kenneth Frenchman and Keith McKenna. The group has earned a national reputation as fierce advocates for policyholders in high-profile disputes against insurance companies with the biggest monetary stakes. Among other victories, the team earned a first-of-
NEW YORK (Legal Newsline) – A Russian immigrant was unable to prove the New York City Police Department discriminated against him with a series of demotions because none of his countrymen were employed in his unit but he will have a chance to make his case under the City Human Rights Laws anyway.
The New York Appellate Division, First Department ruled Dec. 3 Alex Pelepelin, a detective with 20 years in the NYPD who fell from detail on the Executive Protection Unit to uniformed guard duty at City Hall, met his pleading burden under the city’s HRL but not the state’s.