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Snow Way They're Paying for That: Limitations on Government Liability for Snow Plow Accidents | Farrell Fritz, P.C.


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With all the recent snow Long Island has seen, and with more in the forecast, snow plows, sanders, and other emergency response vehicles have been a common sight. The time is right, therefore, for a quick word on the heightened burden plaintiffs face when suing a local government for auto accidents involving one of these vehicles while engaged in emergency operations.
In general, motorists on a public road are held to an ordinary standard of care when driving their vehicles and are obligated to observe the rules of the road. When an accident occurs, an ordinary negligence standard is applied, which asks whether the “accident occur[ed] because [the defendant] failed to see that which through the proper use of his or her senses he or she should have seen” ( ....

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Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702 | Farrell Fritz, P.C.


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The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn submitted permit applications to the Village for four weddings to be held outdoors in tents at the property between March and September. The Village denied the applications stating, “the proposed events violate the Zoning Code in that outdoor dining is not a permitted use of the premises in your zoning district and under your Certificate of Occupancy.” The Village also denied the Hedges tent permits for the events. In March of 2018, the Village of East Hampton considered the enactment of Village Code §139-15(D) prohibiting a special event from being held “in whole or in part outdoors or in a tent on property containing a legally pre-existing nonconforming business use in a residential dist ....

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