The Buffalo News reported today that the Town of Amherst last Monday became the first Erie County municipality to pass a law that would prohibit drivers from composing, reading or sending a text message while behind the wheel. Violators face a $150 fine for each offense. It also reported that the Cattaraugus County Legislature passed a similar law in June. Niagara County and Erie County legislatures are expected to vote on similar proposed laws in the coming weeks.
Fall Was The Result Of Elevated Related Risk
July 5, 2013
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.