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Past Thirty Days' Decisions Saturday, November 21, 2009
November 23, 2009
NEW YORK COUNTY
Taxation
Corporation Lacks Standing to Challenge Allegedly Unconstitutional Tax Law That Is No Longer Applicable
Ryan Inc. v. NYS Dept. of Taxation and Finance
NEW YORK COUNTY
Government
City's Decision to Disqualify Petitioner From Bidding On Contract Had Rational Basis; Annulment Denied
Powerhouse Diesel Services Inc. v. Hirst
KINGS COUNTY
Trusts and Estates
One Fee for Legal Services for Distribution Allocated To Trial, Incoming and Outgoing Estate Counsel
Estate of Damadath Singh
NEW YORK COUNTY
Employment
Employee Granted Discovery to Be Able to Fully Oppose Motion to Dismiss Discrimination Claims
Lazansky v. Robert Lee Morris Inc.
NEW YORK COUNTY
Torts
Landlord Fails to Eliminate Issue as it Owed No Duty To Tenant?s Patron at Fashion Show; Dismissal Denied
Imparato v. AGB 15th Street LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Contract Suit Alleging Intermingled Assets Is Dismissed as Too Vague for Alter Ego Liability
Sysco Food Service of Metro NY v. Jekyll & Hyde Inc.
APPELLATE DIVISION
SECOND DEPARTMENT
Family Law
Free With Registration: Abandonment Must Be Sexual, Not Social, To Divorce, Panel Says
Davis v. Davis
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Court Lifts TRO, Orders Alleged Impermissibly Seized Items to Be Reviewed, Inventoried
Matter of Madison
BRONX COUNTY
Insurance Law
Provider Denied Summary Judgment; MVAIC Precluded From Responding to Discovery Demands
Ave T MPC Corp. v. Motor vehicle Accident Indemnification Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Has No Duty to Indemnify; Court Finds Underlying Claims Fall Within Policy Exclusions
American Automobile Insurance Co. v. Advest Inc.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Student's Due Process Claim Involving Witness Cross-Examination at Suspension Hearing Survives
Lopez v. Bay Shore Union Free School
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence
Claims Analysis Including Possible Litigation Position Is Protected Under Work Product Doctrine
Gross Construction Assoc. Inc. v. American Manufacturers Mutual Insurance Co.
November 20, 2009
NEW YORK COUNTY
Government
Court Finds Rational Inmate's Allegation He Waited To Appeal Denial of FOIL Requests Until After Trial
Matter of Dawkins v. David
DUTCHESS COUNTY
Trusts and Estates
Court Declines Jurisdiction as Petitioners Chose To Previously Commence Action in Supreme Court
Estate of Jan A. Headless
U.S. COURT OF APPEALS, SECOND CIRCUIT
Appeals
Court Exercises Its Discretion; Denies Prevailing Party's Motion to Recover Costs From Adversary
Moore v. The County of Delaware
U.S. COURT OF APPEALS, SECOND CIRCUIT
Business Law
Court Exercises Its Discretion; Denies Prevailing Party's Motion to Recover Costs From Adversary
Heath v. Securities and Exchange Commission
BRONX COUNTY
Criminal Practice
'Commencement' of Final Hearing Requires More Than Division Appearing, Announcing Readiness
People (ex rel. Hudson) v. Warden, Rikers Island
KINGS COUNTY
Family Law
ACS's Reasonable Efforts Claim Rejected; Attempts To Keep Family Together Not at Reasonable Level
Matter of Jamie C. v. Margarita C.
NEW YORK COUNTY
Labor Law
Court Dismisses Worker's Negligence Claim; Denies Dismissal of Labor Law §240(1) Suit
Hurley v. Best Buy Stores LP
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurers of Cruise Ship Outbreak Claims Must Produce Pollution Exclusion Clause Documents
Pentair Water Treatment Co. v. The Continental Insurance Co.
NEW YORK STATE COURT OF APPEALS
Free: Narrow Ruling Upholds Recognition of Same-Sex Marriage in Two Cases
Lewis v. New York State Department of Civil Service
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Employment
Hostile Work Environment Claim Stands; Alleged Harassment by Co-Worker Was Based on Gender
Sclafani v. PC Richard & Son
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
No Legal Error in Court's Decision to Revisit Ruling Prompted by Untimely Motion for Reconsideration
Aleman v. Bayshore Union Free School District
NEW YORK COUNTY
Bankruptcy
Motion for Default Against Both Defendants Stayed Pending Individual Defendant's Bankruptcy Petition
Florists' Transworld Inc. v. New York Floral Group Inc.
November 19, 2009
NEW YORK COUNTY
Evidence
No 'New' Information Contained in Plaintiff's Bill Of Particulars; Defendant Denied Its Preclusion
McManus v. Windolm
BRONX COUNTY
Civil Practice
Court Declines to Modify Compromise Order That Would Reduce Amount Infant Entitled to Receive
Pimental v. DeJesus
NEW YORK COUNTY
Employment
Professor May Supplement Complaint to Allege Discriminatory Acts Against Him After Action Filed
Akiba v. Queens College
NEW YORK COUNTY
Contracts
Owner Fails to Show Elements to Trigger Judicial Scrutiny of Board?s Decision
Katz v. Board of Managers
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence
Expert's Testimony Is Limited To Experiences With Holding Area Handcuffs
Golio v. City of White Plains
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
False Statement on Passport Application Is Not Required to Be Materially False
U.S. v. Hasan
U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
Free With Registration: Circuit Upholds Restrictions on New Parades Along Fifth Avenue
International Action Center v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence
Rule 27 Discovery Is In Anomalous Situation; No Authority to Give Requested Discovery Relief
Jackson v. Good Sheperd Services
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Hospital's Non-Payment Claims Are Preempted By ERISA Statute
Montefiore Medical Center v. Teamsters Local 272
APPELLATE DIVISION
FIRST DEPARTMENT
Government
Command Officer's $579,728 Retaliation Award Is Affirmed on Constructive Discharge from Job
Albunio v. City of New York
NEW YORK COUNTY
Insurance Law
Insurer's Failure to Disclaim in Timely Manner Does Not Create Coverage Where None Existed
Neighborhood Partnership Housing v. Certain Underwriters
NASSAU COUNTY
Landlord/Tenant Law
Landlords Fail to Serve Rent Notice in Accordance With RPAPL §735, Rendering Demand Insufficient
Price v. Roberts
November 18, 2009
NEW YORK COUNTY
Civil Practice
Protective Order to 10 of 13 Statements in Notice To Admit Granted as Issues of Fact are Contested
Franklin v. Beth Israel Medical Center
NEW YORK COUNTY
Landlord/Tenant Law
Court Accepts Tenants' Interpretation of Lease Granting Them Right to Cancel Last 12 Months
Sohmer v. Butts
NEW YORK COUNTY
Real Property
No Agreement by Parties on Essential Terms To Form Contract Found for Which Enforcement Sought
Clark Construction Corp. v. BLF Realty Holding Corp.
NEW YORK COUNTY
Torts
TA's Alleged Violation of Guidelines Raises Issues Of Liability; Dismissal of Patron's Complaint Denied
Bonzon v. City of New York
NASSAU COUNTY
Civil Practice
Attorney Fails to Meet Burden to Dismiss Defamation Claim Under CPLR §3211(a)(1), (7)
Gallina v. Abelove
NASSAU COUNTY
Attorney's Fees
Client Granted Judgment of Two-Thirds of Flat Fee Agreement Against Attorney Discharged for Cause
Felix v. Law Office of Thomas F. Liotti
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Employment
Terminated Nurse Fails to Show That Alleged Harassment Was Sufficiently Severe, Pervasive
Hill v. Kaleida Health
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Confirming Award Advances Goals of Convention; To Recognize, Enforce Foreign Arbitral Awards
China National Chartering Corp. v. Pactrans Air & Sea Inc.
APPELLATE DIVISION
THIRD DEPARTMENT
Government
Free With Registration: Organizer of 'Club' Deriding Coworker Properly Fired, Panel Concludes
Matter of Sindoni v. County of Tioga
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Lacks Jurisdiction; People's Republic Of China Is Entitled to Sovereign Immunity
Gloria Bolanos Pons v. People's Republic of China
APPELLATE DIVISION
THIRD DEPARTMENT
Contracts
Court Finds Fair Interpretation of Evidence Shows Agreement Between Parties Was Fair, Reasonable
Kallman v. Krupnick
November 17, 2009
KINGS COUNTY
Family Law
Modification of Father's Child Support Denied; Court Lacks Subject Matter Jurisdiction of Custody Motion
Y.G. v. A.T.
NEW YORK COUNTY
Torts
Independent Contractor Owed No Duty to Tenant; Claim for Injuries Sustained in Shower Is Dismissed
Bone v. City of New York
KINGS COUNTY
Labor Law
Defendants' Recalcitrant Worker Defense Rejected; Court Grants Worker Judgment on §240(1) Claim
Quiles v. City of New York
NEW YORK COUNTY
Civil Practice
Court Lacks Jurisdiction, Denies Motion to Dismiss; Cross-Motion to Transfer to Court of Claims Granted
Comical Entertainment Corp. v. City University of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Attorney's Fees
$12 Million Settlement Reasonable; Class Counsel's Fee Reduced to $1.8 Million From $3.24 Million
Hall v. The Children's Place Retail Stores Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Sentence for Heroin Conspiracy Denied §2255 Relief; Charges, Plea Consequences Explained; Waiver Noted
United States v. Yeboah
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Free With Registration: Prosecutors Who Fail to Disclose Evidence Obtained Post-Trial Held Protected by Absolute Immunity
Warney v. Monroe County
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Fact Issue Exists Whether Law Firm Complied With Settlement to Give Recommendation Letter
Memnon v. Clifford Chance US, LLP
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
By Not Renewing Application, Inmate Failed to Show He Is Indigent, Entitled to Appellate Counsel
Mackenzie v. Marshall
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Permissive Intervention Allowed in Class Action Over Injured Seamen's Unpaid Overtime Wages
Padilla v. Maersk Line Inc.
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Social Services Law
Disability Benefits Denial Upheld; Plaintiff Able To Perform Certain Jobs, Not Disabled Under Act
Eckert v. Astrue
NASSAU COUNTY
Landlord/Tenant Law
Court Denies Tenant's Motion to Reargue, Finds No Right to Trial De Novo After Grievance Hearing
Town of Oyster Bay Housing Authority v. Schwartz
RICHMOND COUNTY
Family Law
Findings of Sexual Abuse, Neglect Made Against Father; Derivative Neglect Findings Against Mother
Matter of Candice D. v. Donna J.
November 16, 2009
NEW YORK COUNTY
Criminal Practice
Defendant's Constitutional Rights Not Violated; Suppression of Checkpoint Evidence Is Denied
People v. Castiner
NASSAU COUNTY
Civil Practice
Affidavit Is Considered as Counsel Offers Valid Excuse for Not Identifying Expert Before Filing
PG&D Realty v. Commonwealth Land Title Ins. Co.
NEW YORK COUNTY
Legal Profession
Legal Malpractice Suit Against Attorney Dismissed Based on Client's Allocution of Satisfaction
Harvey v. Greenberg
NEW YORK COUNTY
Civil Practice
Husband's Motion to Quash Subpoenas, Previously Ruled Overly Broad and Narrowed by Court, Granted
Leopold v. Leopold
NEW YORK COUNTY
Attorney's Fees
Client's Alleged Inability to Pay Not a Meritorious Defense to Attorney's Claim for Breach of Contract
Angel v. Greenhaus
SUFFOLK COUNTY
Real Property
Court Finds Federal Law Inapplicable to Private Right of Action to Non-Federally Related Loans
Collado v. Boklari
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Employment
Prima Facie Case of FMLA Leave Denial Not Proven; Firing Arose From Probe Unrelated to Child's Autism
Beligotti-Fenti v. Paychex Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Fraud on Court Claim Rejected; Civil Rights Claimant Lacked Information to Timely Amend, Serve Complaint
Wilson v. City of New York
APPELLATE DIVISION
THIRD DEPARTMENT
Government
Free With Registration: Presumption of Good Faith in Investigation of Pension Fraud Supports Subpoenas of Attorneys' Work Records
Matter of Roemer v. Cuomo
U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
'Credible Fear' Hearing Record Can Be Considered When Assessing Asylum Seeker's Credibility
Zhang v. Holder
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Rule 33 Relief in Racketeering Case Denied Where Relief Based on Documents in Prior Extortion Case
United States v. DiPietro
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Decision Enforcing Scheduling Order Affirmed; 'Good Cause' for Noncompliance Is Not Shown
Sokol Holdings Inc. v. BMB Munai Inc.
November 13, 2009
WESTCHESTER COUNTY
Motor Vehicles
Summary Judgment Dismissing Complaint Of One Plaintiff Granted on Lack of 'Serious Injury'
Musharbash v. Duran
KINGS COUNTY
Civil Practice
Motion Seeking Judgment on Mechanic's Lien Ruled Barred by Prior Decisions Discharging, Canceling It
Klin Construction Group Inc. v. Blue Diamond Group Corp.
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Consumer Protection
Fair Credit Reporting Act Not Violated by Insurer's Access of Credit Report in Declining Auto Coverage
Wojtczak v. Safeco Property & Casualty Insurance Companies
KINGS COUNTY
Trusts and Estates
Preliminary Executor Need Not Reside in Apartment To Assert Breach of Warranty of Habitability
Estate of Yakov Gelfand
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Stipulation's 'So Order' by Court Did Not Impair Magistrate Judge's Authority to Modify It
Franco v. Ideal Mortgage Bankers Ltd.
NEW YORK COUNTY
Trusts and Estates
Court Denies Petitioner's Application to Set Aside Settlement Agreements for Lack of Jurisdiction
Estate of Carl Levine
U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
Free With Registration: Interpretation of Riot Statute Was Not So 'Novel' as to Deny 'Fair Notice'
Ortiz v. N.Y.S. Parole in Bronx
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Panel Rules on Sentence Enhancement Where Justice Obstruction Goes to Crime Underlying Money Launder
United States v. Byors
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Indictment Counts Stand in Case Over Destruction Of Documents on Building's Use for Iranian Bank
United States v. Jahedi
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Court Rejects Claim That Deportation Consequences Of Guilty Plea Were Not Understood, Denies Habeas
Torres v. United States
KINGS COUNTY
Criminal Practice
Defendant Was in Continuous Custody; 'Miranda' Warnings Were in Effect; Suppression Denied
People v. Fowler
SUFFOLK COUNTY
Contracts
Estate's Application for Preliminary Injunctive Relief Is Denied as Currently Inappropriate
McCallen v. MRW Group
November 12, 2009
SUFFOLK COUNTY
Landlord/Tenant Law
Landlord Forfeits Money Due, Offset for Commingling Tenants' Security Deposit With Personal Funds
Hansen v. Lorenzo
NEW YORK COUNTY
Landlord/Tenant Law
Wording of Paragraphs in Lease Raises Triable Issues Denying Landlord Summary Judgment
Pizzanini Inc v. 133 Second Avenue LLC
KINGS COUNTY
Trusts and Estates
Court Approves Mother's Application to Compromise Settlement and Set Up Trust for Child's Benefit
Matter of Ivan Duane Rosa
APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice
Trial Counsel Not Ineffective for Not Seeking Gun's Suppression; Attempted Murder Conviction Avoided
People v. Jackson
NEW YORK COUNTY
Landlord/Tenant Law
Tenant Is Denied Succession Rights for Failing To Get Agency's Permission to Reside in Unit
Matter of Douce v. New York City Housing Authority
KINGS COUNTY
Torts
ACS Denied Dismissal of Wrongful Death Suit; Court Finds Special Relationship Existed
Gotlin v. City of New York
APPELLATE DIVISION
FIRST DEPARTMENT
Torts
Judgment Denial in Malpractice Suit Upheld; Experts Dispute Care Departures, Cause of Child's Maladies
Frye v. Montefiore Medical Center
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Habeas Relief Denied to Man Convicted of Depraved Indifference Murder for Choking Woman During Sex
Mabee v. Phillips
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Severance of Counts, Defendant Rejected in Action Over Hobbs Act Robbery, Conspiracy Participation
United States v. Israilov
KINGS COUNTY
Employment
Free With Registration: Fired Staffer's Religious Discrimination Claim Against N.Y. Law Firm Goes Forward
Lampner v. Pryor Cashman
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Insurance Law
Court Explains Notice, Cy Pres Features of Proposed Settlement in Insurer's Disputed Demutualization
In re MetLife Demutualization Litigation
NEW YORK COUNTY
Contracts
Complaint Sufficiently Alleged Attorneys Were Aware of Liens, Failed to Remit Settlement Proceeds
Complete Management Inc. v. Bader
November 10, 2009
BRONX COUNTY
Insurance Law
'Inadequate' Insurance Policy Does Not Violate Regulations or Statutorily Declared Public Policy
720-730 Fort Washington Ave. Owners Corp. v. Utica First Ins. Co.
NASSAU COUNTY
Criminal Practice
Reasonable Suspicion to Stop Car at Shooting Scene Found; Suppression of Statements Denied
People v. Wallace
NEW YORK COUNTY
Employment
By Asserting Claim Under CEPA, Priest Waives All Other Rights, Remedies of Retaliation Claims
Hoatson v. New York Archdiocese
JEFFERSON COUNTY
Criminal Practice
Charge of VTL §1192(3) Dismissed Against Defendant As Intoxication by Alcohol, Not Drugs, Required
People v. Brown
NASSAU COUNTY
Contracts
Summary Proceeding Against Guarantor Dismissed; Vacatur of Stipulation Denied
26-44 Lincoln Avenue LLC v. Iranian Jewish Center of Roslyn Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Holders of Pictoral Copyrights Denied Intervention In Google Infringement Action Pending Settlement
The Authors Guild v. Google Inc.
APPELLATE DIVISION
THIRD DEPARTMENT
Environmental Law
Free With Registration: Local Officials Did Not Overstep in Going Beyond State Regulations to Deny Waiver
Matter of Bethpage Water District v. Daines
NOTICE OF CLASS ACTION SETTLEMENT
MetLife Demutualization Litigation, 00 CV 2258
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Intellectual Property
False Patent Marking Action Against Retailer Target Dismissed; 'Colorable' 35 USC §292(a) Claim Not Stated
Inventorprise Inc. v. Target Corp.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Contracts
Gas Firm's Former Director Denied Indemnification In Suit for Breach of Fiduciary Duties Under 2003 Pact
U.S. Gas & Electric Inc. v. Big Apple Energy LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Drug Trafficking Enterprise's 'Organizer or Leader' Not Entitled to 'Safety Valve' Sentence Treatment
United States v. Hernandez
U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Consumer Protection
$1,000 Statutory Damages Awarded in FDCPA Suit; Attorney's Fees Reduced, Hourly Rates Excessive
Barrows v. Tri-Financial
BRONX COUNTY
Civil Practice
Dementia Found to Fall Within Definition of Insanity, Tolling Limitations Period Under CPLR 208
Fidel v. Health Advocates for Older People
November 9, 2009
BRONX COUNTY
Torts
Court Finds Probable Cause for Arrest, Denies False Arrest, Malicious Prosecution Claims
McPherson v. City of New York Police Department
NEW YORK COUNTY
Torts
Court Finds Plaintiff Did Not Demonstrate Cause Of Action for Negligence, Upon Reargument
Yakkey v. Ascher
KINGS COUNTY
Real Property
Renewed Motion for Order of Reference Is Denied For Failure to Comply With CPLR 3215(f)
NYCTL 2004-A Trust v. Alessandro
QUEENS COUNTY
Criminal Practice
Prosecutors Granted Motion to Consolidate Both Defendants' Actions Into Single Trial
People v. Marcial
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Lawsuit Removed to District Court Remanded; Removal Was Improper Under 28 USC §1446
Nussbaum v. Spider Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Bid Rejected for Reduced Sentence Pursuant To Guidelines Note Initially Adopted in 2001
United States v. Rittweger
NEW YORK COUNTY
Torts
Patron's Own Actions May Have Caused Injuries Denying Cross-Motion on Issue of Liability
Meade v. OTA Hotel Owner LP
NASSAU COUNTY
Landlord/Tenant Law
Landlord's Motion to Resettle Order Is Denied; Also Denied Arrears, Rent as Waived in Stipulation
Nationwide Protection Ltd. v. Martinez
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Rejecting Magistrate Judge, Court Finds Plaintiff Entitled to Default Judgments, Awards Damages
Finkel v. Hall-Mark Electrical Supplies Corp.
APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice
Free With Registration: Court Rejects Mistrial Bid Over Juror's Missteps
People v. Lewie
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Lacks Personal Jurisdiction in New York Firms' Contract Breach Suit Against Canadian Marketer
Navaera Sciences LLC v. Acuity Forensic Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Patent Claims as to Interactive Online Ads Is Construed in Magazine Publisher's Favor
Advance Magazine Publishers Inc. v. Active8now LLC
November 6, 2009
QUEENS COUNTY
Real Property
Higher Interest Rate in Event of Default Found A Mere Agreement to Pay Interest, Not a Penalty
Emigrant Funding Corp. v. 7021 LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Deceptive Practices, Fiduciary Duty Breach Claims Rejected in Suit Over Sotheby's Interests in Works
Sotheby's Inc. v. Minor
NEW YORK COUNTY
Contracts
Agreement Disputes Against NBA Dismissed; Southern District Has 'Exclusive Jurisdiction'
Spirits of St. Louis Basketball Club LP v. Denver Nuggets Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Landlord's Motion Is Granted to Dismiss Tenant's Lawsuit for Injuries Allegedly Caused by Neighbor
Reinert v. 291 Pleasant Avenue LLC
KINGS COUNTY
Landlord/Tenant Law
No-Fault Holdover Proceeding Is Dismissed; Respondent Entitled to Retain Life Lease to Home
Spataro v. Spataro
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Attorney's Fees
Fee Award Request Is Partly Granted, but Request For Award to Litigation Counsel Is Rejected
Fountainhead Investments Inc. v. DePalo
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts
Settlor Granted Judgment in Suit Charging Aiding Of Fraud Arising From Underlying Share Transaction
H&H Acquisition Corp. v. Financial Intranet Holdings
NEW YORK COUNTY
Schools and Education
Department of Education Is Directed To Pay Terminated Tenured Teacher
Matter of Phillip v. Board of Education
NEW YORK COUNTY
Criminal Practice
Free With Registration: Amended Charging Document Undercuts Proof of Intent, Judge Finds
People v. Days
APPELLATE DIVISION
THIRD DEPARTMENT
Civil Rights
'Son of Sam Law' Interpreted as Entitling Inmate To 10 Percent of Malpractice Settlement With State
New York State Crime Victims Board v. Gordon
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Habeas Denied on Claim Public Trial Right Violated By Youthful Family Member's Exclusion from Court
Downs v. Lape
November 5, 2009
NEW YORK COUNTY
Insurance Law
Insurer Granted Dismissal as Loss Not Covered; Judgment on Liability Granted Against Installer
New York Open Center Inc. v. Empire Water Holdings LLC
WESTCHESTER COUNTY
Contracts
Defendants Fail to Show Entitlement to Any Relief On Counterclaim; Dismissal of Complaint Is Denied
Tushaj v. DeDona
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Prejudgment Interest in Patent Action Awarded; Case Not Exceptional for Award of Attorney's Fees
Rosco Inc. v. Mirror Lite Co.
WESTCHESTER COUNTY
Criminal Practice
Officer Satisfies Appellate Term Requirement In Measuring Light Transmission of Window
People v. Gumbs
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Single Mom Shows Unique Circumstances Warranting Release on Bail Pending Sentence in Drug Scheme
United States v. Rentas
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Contempt Rulings, Quit-Claim Ordered in Trust?s Efforts to Enforce Judgments Dating to April 2000
Cordius Trust v. Kummerfeld
NEW YORK COUNTY
Legal Profession
Free With Registration: Lawyer Sanctioned for Bringing a 'Harassing' Lawsuit Against Opposing Counsel
Abrams v. Pecile
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Habeas Denied to Challenge of Residential Re-Entry Center Placement Time; Remedies Not Exhausted
Rosenthal v. Killian
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Deportee Convicted of Mail, Wire Fraud, Filing False Tax Returns Loses His Bid for Writ of Audita Querela
Blumenberg v. United States
BRONX COUNTY
Torts
Plaintiffs' Experts Raise Factual Issues Regarding Dentist's Departure Resulting in Plaintiff's Injuries
Koss v. Bach
BRONX COUNTY
Criminal Practice
Suppression of Alleged Refusal to Submit To Chemical Breath Analysis Is Denied
People v. Rodriguez
NEW YORK COUNTY
Criminal Practice
Defendant Is Denied Motion to Suppress Jewelry Seized in Unlicensed Vending Case
People v. Chen
November 4, 2009
NEW YORK COUNTY
Civil Practice
Hospital Incident Report Does Not Qualify For Statutory Privilege; Motion to Compel Granted
Chaikin v. Long Island Jewish Medical Center
NASSAU COUNTY
Criminal Practice
Losing Sight of Car for 10 to 15 Seconds Does Not Vitiate Reasonable Suspicion Driver Violated Law
People v. Scott
WESTCHESTER COUNTY
Real Property
Court Upholds Variance Issued by Zoning Board, Strikes Two Conditions Imposed as Unreasonable
Matter of Morin v. Zoning Board of Appeals
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Shoe Seller's Interpleader Suit Over Subcontractor Payment Failures Is Denied Transfer to California
Payless Shoesource Inc. v. Avalon Funding Corp.
NEW YORK COUNTY
Criminal Practice
Counsel's 'Strategy of Silence' Did Not Violate Defendant's Right to Effective Assistance of Counsel
People v. Diggins
ALBANY COUNTY
Administrative Law
Board's Response Unreasonable; Court Directs Immediate Restoration of Doctor to Eligible List
Liguori v. Beloten
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy
Insufficient Mailed Service on Swiss Joint Tenancies Does Not Warrant Madoff Adversary Suit's Dismissal
Picard v. Cohmad Securities Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Consumer Protection
Debt Collector's Bid to Compel Acceptance of $1,000 Rule 68 Judgment Offer Denied as Utterly Frivolous
Shepherd v. Law Offices of Cohen & Slamowitz LLP
NEW YORK COUNTY
Legal Profession
Free With Registration: Judge Sanctions Lawyer Over Behavior at Deposition Intended to Prolong Litigation
Bobby D. Associates v. Ohlson
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Cantor Fitzgerald's Bid to Sue Airport Security Firms In WTC Lawsuit Denied; 'Oversight' Claim Is Rejected
Cantor Fitzgerald & Co. v. American Airlines Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Enforcing Forum Clause in Dating Site's 'Click Wrap' Contract, Court Transfers Class Action to Texas
Brodsky v. Match.com LLC
NEW YORK COUNTY
Real Property
Co-op Establishes Violations of Easement, Violations Of Administrative Code by Commercial Building
First Avenue Owners Inc. v. Valentina Enterprises LLC
November 3, 2009
NEW YORK COUNTY
Civil Practice
Court Finds it Has Jurisdiction Over Foreign Company Under CPLR 301, 'Solicitation Plue' Rule
Georgakis v. Excel Maritime Carriers Ltd.
NEW YORK COUNTY
Criminal Practice
Re-Sentencing, Adjudicating Defendant as Second Violent Felony Offender as Mandated by Law Ordered
People v. Hudson
ORANGE COUNTY
Taxation
Town Law §202(2) Required Assessment be Imposed On Benefit Basis; Dismissal of Challenge Denied
Cloverleaf Realty of New York Inc. v. Town of Waywayanda
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Broker's Claims Against Insurer Dismissed; It Knew Of Underlying Lawsuit Before Its Policy's Inception
American Automobile Insurance Co. v. Advest Inc.
WESTCHESTER COUNTY
Government
Court Rejects Homeowner's Allegations Of Violations of Open Meetings Law
Matter of Pirrotti v. Town of Greenburgh
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Cargo Damage Suit's Dismissal Conditioned on Ship Owner's Waiver of Time Limits in Action In Hong Kong
Federal Insurance Co. v. M/V "Ville D'Aquarius"
TAX APPEALS TRIBUNAL
Free With Registration: Billionaire Did Not Spend Enough Days in New York City to Create Income Tax Liability
Matter of Robertson
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Court Terminates Orders Governing Treatment Of Heat Sensitive Inmates in New York City Jails
Benjamin v. Shriro
KINGS COUNTY
Civil Practice
Law Firm Granted Leave to Re-Argue, Granted Summary Judgment Dismissing Malpractice Claim
Pascarella v. Goldberg, Cohn & Richter LLP
BRONX COUNTY
Criminal Practice
Defendant not Provided Opportunity to Exercise Right to Testify Before Grand Jury; Dismissal Granted
People v. Pabon
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Spanish Firms Granted Partial Dismissal of Breach Action Arising From Sale of Mexican Steel Mills
GEM Advisors Inc. v. Corporacion Sidenor S.A.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
'Good Faith Marriage Waiver' Denial Not Reviewed; Attorney General Decides Evidence Credility, Weight
Contreras-Salinas v. Holder
November 2, 2009
WESTCHESTER COUNTY
Contracts
Seller's Obligation to Return 'Non-Refundable' Portion of Down Payment Never Attached
Brand v. Nordgren
NEW YORK COUNTY
Criminal Practice
Whether Jewelry Serves 'Predominantly Expressive Purpose' Cannot Be Decided on Dismissal Motion
People v. Franqui
NEW YORK COUNTY
Employment
School Aides Granted Injunction Enjoining DOE From Laying Off More Than 500 School Aides
Matter of Montgomery-Costa v. City of New York
NEW YORK COUNTY
Employment
Korean Company Implicitly Waived Immunity Under FSIA by Recognizing Obligations Under U.S. Laws
Cha v. Korea Trade Center
WESTCHESTER COUNTY
Criminal Practice
Court Denies Motion to Compel Complainant To Provide Handwriting Sample for Analysis
People v. Denham
KINGS COUNTY
Contracts
Special Relationship Found Between Local Carriers, Rendering Exculpatory Clause Void
Empire One Telecommunications Inc. v. Verizon New York Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Health Law
Hospital Closed Under Berger Commission's Advice Denied Injunction Restoring Operating Certificate
The Parkway Hospital Inc. v. Daines
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Labor Law
NYC Fire Department Paramedics, EMTs Denied Summary Judgment on FLSA Overtime Claims
Conzo v. City of New York
NEW YORK COUNTY
Election Law
Free With Registration: Eight of Ten Charges Against Manhattan Surrogate-Elect Dismissed
People v. Anderson
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
E-Mail Suppressed; Search Warrant Unconstitutionally Broad, 'Inevitable Discovery' Doctrine Inapplicable
United States v. Cioffi
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Court Rules Jury Could Find From Evidence That Conspiracy Existed; Acquittal Judgment Is Denied
United States v. Ortiz
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Electronic Instructor's Solutions Manuals Infringed Textbooks' Copyrights; Publishers Awarded $140,250
Pearson Education Inc. v. Nugroho
October 30, 2009
BRONX COUNTY
Torts
Leakage Ruled a Known Risk of Intravenous, Not Result of Medical Negligence
Calloway v. NYC Health & Hospitals Corp.
NEW YORK COUNTY
Employment
Triable Issue Precludes Summary Judgment Dismissing Abuse Allegations Against Church
Nunez v. Mariners Temple Baptist Church
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
'First Sale' Doctrine Does Not Protect Foreign-Made Books From Copyright Act §602(a)(1) Import Bar
John Wiley & Sons Inc. v. Kirtsaeng
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
'Iqbal' Not Change in Law Over Pleading Standards; Ruling in Tax Shelter Fraud Suit Not Reconsidered
Green v. Beer
WESTCHESTER COUNTY
Criminal Practice
Division of Parole Found to Have Completed Final Revocation Hearing in Timely Manner; Habeas Denied
People (ex rel. Roberts) v. NYS Dept. of Correctional Services
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
English Plaintiff Dismissed From Fosamax Suit; Merck Must Accept U.K. Court Jurisdiction, Process
Miller v. Merck & Co. Inc.
APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice
Free With Registration: Victim-Prompted Reversal of Cop Killer's Parole Was Within Discretion of Agency, Panel Concludes
Raheem v. State Board of Parole
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Bankruptcy
Annuity Payments Exempted From Estate Under Debtor and Creditor, Insurance Law Provisions
Jacob v. Swimelar
WESTCHESTER COUNTY
Trust and Estates
Oral Agreement to Pay Finder's Fee for Locating Abandoned, Unclaimed Assets Is Ruled Invalid
Estate of Annie Rollins
WESTCHESTER COUNTY
Trusts and Estates
Prior Written Notice of Defect to Town Not Required As Defect Caused by Municipality's Affirmative Act
Dominianni v. Town of Harrison
KINGS COUNTY
Trusts and Estates
Motion to Dismiss Accounting Denied on Statute Of Limitations Grounds, Granted by Release
Estate of Nettie Benenson
APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation
9/11 WTC Attack 'Rescue', 'Recovery' Phases Discussed in Remit of Benefits Denial to Board
Williams v. City of New York
October 29, 2009
WESTCHESTER COUNTY
Legal Profession
Court Denies Motion to Disqualify Plaintiff's Attorney; Defendants Fail to Show Testimony Is 'Necessary'
Castaldi v. Bakhshi
NEW YORK COUNTY
Creditors' and Debtors' Rights
Alleged Debtor's Granted Cross-Motion for Summary Judgment Dismissing Action to Collect Debt
CACV of Colorado LLC v. Santiago
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Consumer Protection
Class Not Certified in FDCPA Lawsuit; No Evidence Others Received Threatening Debt Collection Calls
Huntley v. Law Office of Richard Clark PLLC
WESTCHESTER COUNTY
Administrative Law
Statute Authorized Commission to Impose Condition Of Retaining Independent Auditor on Licensee
CRP Sanitation Inc. v. Solid Waste Commission
BRONX COUNTY
Trusts and Estates
Upon Reconsideration, Court Allows Gift to IP's Niece and Loan to Guardian for Medicaid Planning
Matter of M.L.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Magistrate Judge's Ruling as to Paintings Estops Claim That They Were Not Seized by Federal Agents
Vitrano v. State Farm Insurance Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Labor Law
Disputed Facts in Overtime Suit Is Ruled Material To Limo Service's 'Motor Carrier' 'Taxicab' Exemption
Casares v. Henry Limousine Ltd.
KINGS COUNTY
Torts
Essential Facts of Case by Individual Police Officers Imputed to City
Matter of Irizarry v. City of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Constitutional Law
Free With Registration: Victors in Civil Rights Lawsuit Dissatisfied by Nominal Damages
Husain v. Springer
BRONX COUNTY
Criminal Practice
Two Forms of Bail Found Unnecessary, Petitioner's Rights Not Violated by One Form Being Set
People (ex rel. Meis) v. Horn
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Insurer's Administration of Group Life Plans' TCAs Complied with ERISA, Did Not Breach Fiduciary Duty
Faber v. Metropolitan Life Insurance Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
$336 Million Settlement in Currency Conversion Fee Suit Does 'Greatest Good' for 'Greatest Number'
In re Currency Conversion Fee Antitrust Litigation
October 28, 2009
BRONX COUNTY
Real Property
Summary Judgment Is Denied; Defendants Raise Fact Issues as to Adverse Possession
Serafin v. Dickerson
KINGS COUNTY
Criminal Practice
Error in Subpoenaing Incorrect Medical Records As Part of Ongoing Discovery Is Excusable Delay
People v. Lucas
RICHMOND COUNTY
Insurance Law
Jury May Consider Total Circumstances in Deciding If Medical Company Fraudulently Incorporated
Matter of Andrew Carothers MD PC v. Insurance Companies
BRONX COUNTY
Attorney's Fees
Settlement Stipulation Is Valid; Damages Due To Prior Attorney's Alleged Conduct Not Shown
Kyle v. Heiberger & Associates PC
WESTCHESTER COUNTY
Trusts and Estates
Advanced Age, Poor Health Ruled No Excuse For Former Trustee's Gross Dereliction of Duties
Matter of Estate of Irwin Kaskawits
APPELLATE DIVISION
SECOND DEPARTMENT
Real Property
Condemnee Not Entitled to Compensation for Trade Fixtures Inconsistent With Land's Highest, Best Use
Matter of West Bushwick Urban Renewal Area, Phase 2
New York State Court of Appeals
Environmental Law
Free: Judges Broaden View on Standing to Challenge Under SEQRA
Matter of Save the Pine Bush Inc. v. Common Council of the City of Albany
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Civil Practice
Academic Found in Contempt of Consent Decree For Use of Report Made During 'Think Tank' Tenure
Utica College v. Gordon
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Grants 'Unusual' Transfer of Claims Against Only Some of Lawsuit's Defendants
Prestwick Capital Management Ltd. v. Peregrine Financial Group Inc.
BRONX COUNTY
Landlord/Tenant Law
Non-Payment Suit Dismissed as Fatally Defective; Petitioner Sought Rent in Excess of Contract Rent
B&L Concourse Housing Assoc. v. Elliot
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Court Rejects Claims of Defamation, Rights Breaches Stemming From Housing Authority's Eviction Bid
Tucker v. R. V. C. Housing Authority
APPELLATE DIVISION
SECOND DEPARTMENT
Real Property
Foreclosure Dismissed; Mortgage, Note Not Assigned To Bank Until After Foreclosure Action Commenced
Wells Fargo Bank N.A. v. Marchione
October 27, 2009
NEW YORK COUNTY
Torts
'Kindle Editions' of Books Merely a Delay In Circulation of Original, Not a Republication
Haefner v. New York Media LLC
KINGS COUNTY
Labor Law
Finding of Statutory Violation Precludes Finding That Plaintiff Was Sole Proximate Cause of Injury
Cortes v. McGuiness Condos LLC
NEW YORK COUNTY
Torts
Motorist Raises Triable Issue of Whether Readily Observable Manifestation of Decay in Tree Existed
Whalen v. NYC Dept. of Environmental Protection
APPELLATE TERM
Family Law
Transgendered Petitioner Is Granted Reversal Of Prior Court Order Denying Name Change
Matter of Winn-Ritzenberg
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
National Security Letter Nondisclosure Requirement Not Lifted; Ongoing Investigation Might Be Harmed
Doe v. Holder
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Court Grants SEC's Motion to Enjoin Fraudster's Breach of Securities Laws; Civil Penalty Assessed
Securities and Exchange Commission v. Glantz
KINGS COUNTY
Civil Practice
By Deliberately Joining Legal, Equitable Relief, Homeowners Waive Demand for Jury Trial
Haber v. Cohen
KINGS COUNTY
Civil Practice
Tenant Granted Cross-Motion to Deny Landlord Restoration of Proceeding to Court's Calendar
Norgate Development Associates v. Bogan
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Compulsory Joinder of Non-Diverse Citizens Discussed In Denial of Bid to Join Project's Engineering Firm
Underpinning & Foundation Skanska Inc. v. Berkley Regional Insurance Co.
APPELLATE TERM
THIRD DEPARTMENT
Health Law
Free With Registration: License Revocation Over Doctor's Affair With His Patient Is Upheld
D'Angelo v. State Board for Professional Medical Conduct
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy
Interlocutory Appeal of Order Vacating Bankruptcy Court Ruling Permitted; First impression Issue Noted
In re: Trace International Holdings Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Evidence Shows Employer's Stated Reason for Firing Woman Was a Pretext for Pregnancy Discrimination
Ramos v. Piller Inc.
October 26, 2009
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Sarbanes-Oxley Whistleblower Suit Dismissed Due to Court's Lack of Subject Matter Jurisdiction
Lebron v. American International Group Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Jewish Group Awarded $300,000 for Food Maker's Infringements on Kosher Certification Mark
Union of Orthodox Jewish Congregations of America v. Royal Food Distributors LLC
NEW YORK COUNTY
Contracts
E-Mails and Other Writings May Be Sufficient To Satisfy Statute of Frauds Requirement
Esther Creative Group LLC v. Gabel
RICHMOND COUNTY
Real Property
Standing Defense Not Waivable as Court Lacks Jurisdiction Over Subject Matter
Deutsche Bank National Trust Co. v. Abbate
KINGS COUNTY
Criminal Practice
Defendant Lacks Standing to Challenge Warrant Due to Order of Protection Barring Him From Home
People v. Dorcinvil
NASSAU COUNTY
Trusts and Estates
Motion Granted to Unseal Adoption File to See If Alleged Sibling Is a Distributee of Decedent
Matter of B.F.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Employment
Second Element of Prima Facie Age Discrimination Claim Not Met; Plaintiffs Did Not Apply for Position
Beebe v. New York Times Co.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Consumer Protection
Partial Judgment Granted to Debtor, Law Firm On Claims Two Collection Letters Violated FDCPA
Weiss v. Zwicker & Associates PC
ESSEX COUNTY
Consumer Protection
Free With Registration: Jury Will Decide If Hunting Fatality Is Negligent Homicide, Judge Says
People v. Smith
NEW YORK COUNTY
Criminal Practice
Defendant's Motion to Dismiss Unlicensed Sale Charge on First Amendment Grounds Is Denied
People v. Ndiaye
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Denial of Pleas' Withdrawal Upheld; Legal Innocence Not Asserted, Just Reason for Withdrawal Not Shown
United States v. Carreto
KINGS COUNTY
Family Law
Wife Granted Leave to Amend Complaint to Remove All Reference to Subject Child as Child of the Marriage
O.L.M. v. T.W.M.
October 23, 2009
KINGS COUNTY
Family Law
Non-Biological Parent, Born a Woman but Living As a Man, Granted Standing to Petition for Custody
KB v. JR
NASSAU COUNTY
Criminal Practice
Issuance of Illinois Driver's License Poses No Legal Impediment to Prosecution of Offenses Charged
People v. Fong
KINGS COUNTY
Family Law
Father's Notice of Discontinuance Is Vacated As Untimely, Improper, Not in Child's Interests
OH v. JH
NEW YORK COUNTY
Attorney's Fees
Landlord's Discontinuance of Holdover Action Conditioned on Payment of Tenants' Attorney's Fees
Miller v. Gaess
NEW YORK COUNTY
Government
Settlement Agreement Terms Statutorily Protected; FOIL Disclosure Exempted Under POL §87(2)(a)
Matter of McFerrin-Clancy v. Ins. Dept. of NYS
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
IPO Offer Documents Described FFA's Use as Hedges; Bulk of 1934 Securities Act Violation Suit Dismissed
In re Britannia Bulk Holdings Inc. Securities Litigation
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Internet Law
Computer Fraud and Abuse Act Claim Stated in Suit Over Failed Efforts to Sell Stolen Art Over Internet
The Dedalus Foundation v. Banach
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Claims Asserting Fraudulent Winding Up of Charter Party Not Maritime in Nature; Attachment Vacated
Representaciones y Distribuciones Enya S.A. de C.V. v. Global Explorer LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
At Will Employee's Contract Breach, Discharge Claims Dismissed; State Law Whistleblower Claim Survives
Geldzahler v. New York Medical College
U.S. COURT OF APPEALS, SECOND CIRCUIT
Schools and Education
Parents Denied Tuition Reimbursement Under IDEA; Failure to Name School Did Not Render IEP Deficient
T.Y. v. New York City Dept. of Educ., Region 4
NEW YORK STATE COURT OF APPEALS
Free: Rents on Stuyvesant Complex Units Were Illegally Decontrolled
