Legal Alerts

Attorney Patty Rauh was published in the Winter 2022 edition of the American Bar Association's The Brief magazine. Her article, "To Remove or Not to Remove: A Look at the Federal Officer Removal Statute," examines the history of the Federal Officer Removal Statute and analyzes modern day applications.

On January 15, 2022, the New York State Eviction Moratorium codified as Chapter 417 of the Laws of 2021 (“Moratorium”) expired and was repealed, once again allowing landlords to commence new eviction cases, proceed with existing evictions, and seek eviction warrants for both commercial and residential tenants. As a result of the Moratorium’s expiration, residential tenants are no longer afforded unfettered protections under the Tenant Safe Harbor Act (“TSHA”), which previously allowed them to submit proof of a COVID-19 related hardship during the “COVID-19 covered period” to automatically stay or toll any ongoing eviction proceedings. 

Hurwitz & Fine Insurance Coverage Senior Member Dan D. Kohane was awarded the FDCC Lifetime Achievement Award during the organization’s Winter Meeting. Each year, the FDCC recognizes one of its members who has become a legal leader in their community as well as a highly contributing member of the Federation. This award is given to one attorney per year who goes above and beyond as a leader in the law and whose reputation and influence transcends their legal career.

Business & Commercial Litigation Department Head Andrea Schillaci was recently interviewed on AM Buffalo for her involvement as President of the Buffalo-Niagara Chapter of the National Association of Women Business Owners (NAWBO). The interview focused on International Women's Day and how NAWBO helps increase opportunities and celebrate business successes for women in the Western New York area

Hurwitz & Fine's Chris Potenza and Alice Trueman were recently published in the New York State Bar Association's News Center for their analysis on the expansion of damages in cases of emotional pain and anguish in wrongful death suits.

Insurance Coverage Attorney Dan D. Kohane was quoted in a February 25, 2022 Law360 article, "NY Gov. Signs Amended Insurance Disclosure Law" by Ben Zigterman. In the article, Dan provides his expert opinion on the recently amended Insurance Disclosure Law recently signed by Governor Kathy Hochul.

The amended version of the New York Comprehensive Insurance Act (CIDA) has now been signed into law, known as Chapter 136 of the Laws of 2022.  It amends CIDA as adopted on December 31, 2021, Chapter 832 of the Laws of 2021.  While the amendments take out some of the sting of CIDA, as first adopted, it still has some significant obligations placed on defense counsel, with the participation of liability insurers.

Hurwitz & Fine President/Managing Partner Jody E. Briandi was recently appointed to the 2022 Amherst Chamber of Commerce Board of Directors during the Chamber’s Annual Meeting, for a term of three years. In this role, Jody will join area business leaders in helping the Chamber to advance its mission of nurturing a strong economic base, maintaining a high quality of life and promoting sound public policy for the Western New York region.

Cannabis Law and Business attorney Alexis M. Florczak was recently quoted in the February 11, 2022 Buffalo Business First article, "Would-be cannabis businesses, be warned: New York state sends clear message on 'gifting' weed." The article delves into the issue of business owners "gifting" cannabis to customers and the legality of the exchange, with Alexis offering her expert opinion on the subject.

Insurance Coverage Attorney Dan D. Kohane was quoted in a February 2, 2022 Law360 article, "NY Lawmakers Amending Defendant Insurance Disclosure Bill" by Ben Zigterman. In the article, Dan explains his viewpoint on the amendments proposed in the new bill and why he doesn't find CIDA necessary.

The New York State Legislature recently expanded the “party admission” exception to the rule against hearsay to permit the admission of adverse statements of any employee if the statement was made about a matter within the scope of employment and made during the existence of the employment relationship.  Litigation attorney Nicholas J. Heintzman advises that employers carefully structure their accident response measures to mitigate the impact of this new rule.

Founded in 1977, Hurwitz & Fine continues to grow with more than 40 attorneys in the Buffalo area and more than 50 in total across New York, Florida and Connecticut.

A newly proposed law in the New York State Senate would provide a one-year lookback window for adult survivors of sexual assault passed the Senate Judiciary Committee this week.  CVA attorney Anastasia M. McCarthy advises.

Hurwitz & Fine Insurance Coverage Attorneys Dan Kohane and Ryan Maxwell are closely monitoring the new Comprehensive Insurance Disclosure Act (“CIDA”), which took effect on December 31, 2021. They have assembled a helpful, one-page summary of these disclosure requirements, available for download.

Insurance Coverage Attorney Dan D. Kohane was quoted in a January 4, 2022 Law360 article, "NY To Require Greater Insurance Details From Defendants" by Ben Zigterman.

In the face of another pandemic surge, New York Governor Kathy Hochul has signed legislation (S1780C) to reinstate remote notarization.

In the face of another pandemic surge, New York Governor Kathy Hochul has signed legislation (S01780) to reinstate remote notarization. 

Labor & Employment attorney Joseph S. Brown provides an update on the OSHA COVID-19 mandate and what this means for New York private employers with one hundred or more employees. 

Covid-19 has yielded a significant amount of personal injury litigation against health care institutions and individual providers.  In response, the federal government and many state governments have passed statutory immunity from civil and/or criminal liability for health care provided during the pandemic.