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Earlier Decisions Sunday, November 22, 2009
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
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. 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
Roberts v. Tishman Speyer Properties, L.P.
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. 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
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
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
October 22, 2009
NEW YORK COUNTY
Contracts
Purchaser Entitled to Summary Judgment Dismissing Seller's Complaint Alleging Breach of Contract
Vic's Parking Corp. v. Nash
NEW YORK COUNTY
Civil Practice
Advisory Fees Found to Be 'Property,' Not 'Debt' Under CPLR 5201(b); Summary Judgment Denied
Doubet LLC v. Trustees of Columbia University
RICHMOND COUNTY
Insurance Law
Hospital Ordered to Fully Indemnify Medical Malpractice Claims Made Against Doctor, Nurse
Goodman v. Herzog
KINGS COUNTY
Contracts
Purchasers Denied Injunctive Relief, Summary Judgment on Claim for Specific Performance
Lezell v. Forde
SUFFOLK COUNTY
landlord/Tenant Law
Lease Violations Alleged by Landlord Cannot Stand As Predicate to Lease Termination, Eviction Action
Millenium Hills Housing Development Fund Corp. v. Patterson
NEW YORK COUNTY
Landlord/Tenant Law
Landlord May Not Use 'Self-Help' to Evict Tenant; Tenant May File Notice of Inquest for Damages
Sol de Ibiza LLC v. Panjo Realty Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Addition of Retaliation Claim Ruled Prejudicial To Defendants Under State's Human Rights Law
McCulloch v. Town of Milan
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Attorney's Fees
Bill of Cost's Payment Amount Is Reduced; Objections to Hours Worked by Professionals Noted
Joza v. WW JFK LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Attorney's Fees
Free With Registration: Judge Follows Circuit in Fee Award But Expresses Dissatisfaction With 'Geographic Lodestar' Model
Gutman v. Klein
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Court's Abuse of Discretion in Admitting Prior Drug Convictions as Evidence Was Harmless Error
United States v. McCallum
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Court Rejects Bid by Party's Purported Alter Egos To Vacate Attachment Order Restraining Funds
REA Navigation Inc. v. World Wide Shipping Ltd.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Environmental Law
Fire Responders Not 'Operators' of Building Releasing Hazardous Materials Into Environment
AMW Materials Testing Inc. v. Town of Babylon
October 21, 2009
BRONX COUNTY
Damages
Plaintiff Found Not Entitled to Either Judgment Notwithstanding the Verdict or a New Trial
Ruiz v. Summit Appliance Division
NEW YORK COUNTY
Torts
Health Club in Compliance With GBL §627-a(1), Not Negligent in Patron's Death From Cardiac Arrest
DiGiulio v. Gran Inc.
QUEENS COUNTY
Real Property
Mortgage Is Ruled No Longer a Valid Lien, May Be Canceled as Cloud on Title
Residential Funding Corp. v. Epps
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Appeals
Bankruptcy Order's Interlocutory Appeal Denied; §1292(b) Not Met, Sovereign Immunity Claim Rejected
United States v. Bond
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Drug Firm Should Not Be Penalized for Use of In-House Counsel in Drafting ANDA-Compliant Notice Letter
Nycomed US Inc. v. Glenmark Generics Ltd.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Fraud Victims' Fiduciary Duty, Negligence Claims Dismissed Against Law Firm's Partners as Individuals
Gianoukas v. Campitiello
U.S. COURT OF APPEALS, SECOND CIRCUIT
Employment Law
Free With Registration: Union Dissenters May Not Be Compelled to Support Ideological, Non-Collective Bargaining Activities
Seidemann v. Bowen
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Polish TV Shows' Producer Sanctioned $125,088 For Failure to Meet Rule 30(b)(6) Discovery Duties
Spanski Enterprises Inc. v. Telewizja Polska S.A.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Employment
FLSA Pay, Overtime Claims Dismissed; Independent Contractor Driver Not Dependent on Delivery Firm
Velu v. Velocity Express Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Court Finds Apartment Is Not Daughter's Primary Residence During Last Two Year's of Mother?s Life
41-47 Nick LLC v. Holliman
QUEENS COUNTY
Landlord/Tenant Law
Son Denied Succession; Mother Did Not Reside in Home As Her Permanent Residence for More Than Two Years
Warren LLC v. Carbello
NEW YORK COUNTY
Civil Practice
Court Grants Open Commission for Deposition Of Out-of-State Non-Party Witnesses
Luce v. Warner
October 20, 2009
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Transportation
Claim Against Airline Over Delivery of Remains Dismissed; No Claim Under Montreal Convention
Olaya v. American Airlines Inc.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Administrative Law
Court Rejects Treatment Centers' Civil Rights Claims Against New York's Alcohol, Drug Abuse Agency
Buonanotte v. Noonan
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Banking
Class Certification Denied as to Claims Over Mortgage Loans From Washington Mutual's Related Entities
Cassesse v. Washington Mutual Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Abandoned Bag Properly Seized, Consent to Search Home Freely Given; Cocaine, Cash Not Suppressed
United States v. Aquino
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Products Liability
'Government Contractor Defense' Bars Claims Against Makers of Agent Orange Herbicide
In re "Agent Orange" Product Liability Litigation
ORANGE COUNTY
Taxation
Matter of Alleged Overpayment on Tax Assessments Remanded to Legislature
Matter of Affordable Housing Construction v. Town of Monroe
SUFFOLK COUNTY
Legal Profession
Attorney Lacks Standing to Bring Breach of Retainer Agreement Claim for Clients Against Former Firm
Mendelsohn v. Ferber
KINGS COUNTY
Labor Law
I-Beams Mere 40 Inches From Floor; Not Sufficient Height Differential to Come Within Scope of §240(1)
DeGabriel v. Strong Place Realty LLC
U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
Free With Registration: Residency-Based Discounts on State Bridges May Violate the 'Dormant' Commerce Clause
Selevan v. New York Thruway Authority
NASSAU COUNTY
Taxation
Nassau Administrative Code Not in Contravention Of RPTL; Annulment Proceeding Is Dismissed
Corbin v. County of Nassau
COURT OF CLAIMS
Torts
Claimants Fail to Prove Troopers' Conduct Reckless, Proximate Cause of Accident Causing Death
Demers v. State of New York
NEW YORK COUNTY
Labor Law
Plaintiff's Tortious Interference With Business Relations Claim Preempted by Federal Labor Law
Richards v. Local 79
October 19, 2009
NEW YORK COUNTY
Criminal Practice
Judgment of Conviction Vacatur Denied in Absence Of Specific Evidence of Prosecutorial Misconduct
People v. Blaylock
BRONX COUNTY
Civil Practice
Transfer Venue Motion Is Granted; Bronx Venue Ruled as Improper at Commencement of Suit
Rivera v. Lenox Hill Hospital
NASSAU COUNTY
Administrative Law
Liquor Authority Is Directed to Render Decision On Application Within 30 Days as Required by Law
D&S Spirits Corp. v. New York State Liquor Authority
QUEENS COUNTY
Criminal Practice
Defendant Is Denied Dismissal of Endangering Welfare, Obstruction Charges for Hiding Child
People v. Chang
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Defendant's Law Firm Disqualified as Conflicted Due To Its Representation of Plaintiff in Related Action
Merck Eprova AG v. Prothera Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Court Affirms Unopposed $24 Million Award For Breach of Bauxite Affreightment Contract
IHX (UK) Ltd. v. Ashapura Minechem Limited
U.S. COURT OF APPEALS, SECOND CIRCUIT
Admiralty
Free With Registration: Court Reverses Stance on Attachments of Electronic Fund Transfers Through Intermediary Banks
Shipping Corporation of India Ltd. v. Jaldhi Overseas Pte Ltd.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
§2255 Relief Denied as Without Merit, Time Barred; Plaintiff Not Prejudiced by Attorney's Conduct
Ahmed v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Social Services Law
ALJ's Errors Noted in Remand of Lyme Disease Sufferer's Challenge to Disability Benefits' Denial
Moulding v. Astrue
KINGS COUNTY
Criminal Practice
Complainant's Testimony of Events Leading Up to Her Shooting by Defendant Admissible
People v. Smith
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
42 USC §1983 Claim Not Stated in Challenge To Section 8 Rental Subsidies' Termination
Falkowski v. North Fork Housing Alliance Inc.
KINGS COUNTY
Criminal Practice
Finding Arrest, Search and Seizure Proper, Court Denies Suppression of Gun, Marijuana
People v. Hobson
October 16, 2009
NEW YORK COUNTY
Criminal Practice
In Denying Defendant's Dismissal Bid, Court Finds Accusatory Instrument Sufficient, Constitutional
People v. Duran
BRONX COUNTY
Consumer Protection
Third Transfer of Structured Settlement Payments Denied; Transfer Found Not in Payee's Best Interests
Matter of Novation Capital LLC v. D.M.C.
QUEENS COUNTY
Creditors' and Debtors' Rights
Creditor Entitled to 87% of Funds in Judgment Debtor's Joint Account in Turnover Proceeding
Leaf Funding Inc. v. HSBC Bank USA NA
NEW YORK COUNTY
Family Law
Wife's Amended Counterclaim a Nullity; Husband Is Granted Discontinuance of Divorce Action
Rogers v. Rogers
QUEENS COUNTY
Juvenile Law
Juvenile's Suppression Motion Denied as Officers Had Reasonable Suspicion, Probable Cause to Arrest
Matter of Gloria P.
KINGS COUNTY
Criminal Practice
Defendant's Statement Found to Be Involuntary; Statement Cannot Be Used at Trial Even to Impeach
People v. Peters
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Court Refuses to Disqualify Law Firm Where Party Also Represented by Unconflicted Trial Counsel
Amusement Industry Inc. v. Stern
APPELLATE DIVISION
FIRST DEPARTMENT
Insurance Law
Settlements' Disclosures Properly Compelled As Material, Necessary to Issues in Third-Party Suit
Osowski v. AMEC Construction Management Inc.
NEW YORK COURT OF APPEALS
Business Law
Free With Registration: No Champerty Breach When Assignee Sues to Collect on Legitimate Claim
Trust for the Certificate Holders of the Merrill Lynch Mortgage Investors Inc. v. Love Funding Corporation
APPELLATE DIVISION
SECOND DEPARTMENT
Torts
Newspaper Reports Met Civil Rights Law §74, Are Absolutely Privileged; Libel Suit's Dismissal Upheld
Cholowsky v. Civiletti
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Disabled Lawyer Loses ADA Claims Over Insufficient Handicapped Parking Spaces at Commuter Rail Stop
Ehrlich v. Gatta
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty Law
Attachment Order Vacated; Claims Did Not Establish Firm's Status as Alter Ego of Performance Guarantor
Emeraldian Limited Partnership v. Wellmix Shipping Limited
October 15, 2009
NASSAU COUNTY
Business Law
Court Determines Pre-Merger Fair Value Of Dissenters' Interest in Bus Companies
Matter of Jamaica Acquisition Inc. v. Shea
SUFFOLK COUNTY
Administrative Law
Defendants' Actions Are Not Shown to Violate Any Provisions of Town Code; Injunction Denied
Town of Riverhead v. Crown Sanitation Roll Off Service Inc.
KINGS COUNTY
Business Law
Fair Value of Shareholder's Interest Comprised Of Fair Value of Corporation, not Apartment Alone
McDaniel v. 162 Columbia heights Housing Corp.
NASSAU COUNTY
Real Property
Court Denies Condo Unit Owner Mandatory Injunction as Adequate Remedy at Law Exists
Grossman v. Board of Managers of Wharfside Condominium
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Rejects Improper Alternative Service, Delay Claims Against SEC in its Securities Fraud Action
Securities and Exchange Commission v. Lines
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Doctor Not 'Totally Disabled' by Inability to Perform Invasive Cardiology While Still Practicing From Office
Hershman v. Unumprovident Corp.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
Free With Registration: Nurse Not a "Persecutor" Under Immigration Law for Working at Hospital That Performed Forced Abortions
Yan Yan Lin v. Holder*
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Suit Claiming Suspension Under Pretense of Failure To Pay Union Dues Held Time Barred, Not Tolled
Da Costa v. Union Local 306, IATSE
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Allegations That Developer Refuses to Hire Blacks At Site Interpreted as Raising 42 USC §1981 Claims
Moore v. KTR Development LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Contracts
Lawyers' Oral Settlement Agreement Unenforceable; Parties Did Not Intend to Be Bound Absent Writing
Cook v. Huckabey
NEW YORK COUNTY
Contracts
Breach of Contract Cause of Action Against Insurance Company Survives Dismissal
Forman v. Guardian Life Ins. Co. of America
KINGS COUNTY
Torts
City Denied Summary Judgment Dismissing Suit For Injuries Sustained by 'Dangerous' Manhole Cover
Clark v. City of New York
October 14, 2009
NEW YORK COUNTY
Criminal Practice
No Justification Charge Required as Defendant Was Not Protecting Self, But Started Fight
People v. Gumbs
QUEENS COUNTY
Real Property
Husband Denied Dismissal of Wife's Complaint Alleging Claims for Constructive Trust, Accounting
Luo v. Yang
NEW YORK COUNTY
Real Property
City Fails to Show Subject Premises Does Not Fall Within Administrative Code §7-210 Exception
Dimitratos v. City of New York
KINGS COUNTY
Civil Practice
Company Directed to Respond to All Interrogatories Despite Its Objections to the Vagueness of Some
Simone v. Liebherr Cranes Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Respondent Ruled Rent-Stabilized Tenant, Not Squatter in Subject Premises
Smiley v. Williams
NEW YORK COUNTY
Civil Practice
Continuing Treatment Doctrine May Toll Limitations Period; Issue Cannot Be Decided on Summary Motion
Marchak v. Cooper
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Antitrust
Court Dismisses Claims Raised by Reseller Intervening In IBM's Patent Infringement, Contract Breach Suit
International Business Machines Corp. v. Platform Solutions Inc.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Conviction on 21 USC §959(a) Needs Proof Defendant Knew or Intended Substance's Illegal Importation
United States v. Romero-Padilla
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Constitutional Law
Free With Registration: Search of Biker's Backpack at Arrest Allowed; Discovered Weapon Would Have Been Found During Inventory Search
United States v. Morillo
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Employment
Whistleblower's Discrimination Suit Is Dismissed; Firing Not Tied to Claims Under FMLA, ADA, ERISA
Schultz v. Tribune Co, Inc.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Panel Reject's County?s Petition for Mandamus Writ Challenging Order Denying MTBE Action?s Remand
Orange County Water District v. Unocal Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Kinko's 2003 Acquisition by FedEx Did Not Breach Founder's Stock Sale Pact With Private Equity Firm
Orfalea v. Clayton, Dubilier & Rice Inc.
October 13, 2009
NEW YORK COUNTY
Insurance Law
Plaintiff's Insurer has no Legally Cognizable Medical Lien on Settlement With Defendant
Thomas v. Waller
NEW YORK COUNTY
Criminal Practice
Endangering Welfare of Child Charge Dismissed; As Every Element of Charge Was Not Established
People v. Medina
NASSAU COUNTY
Insurance Law
Failure to Reside in, Occupy Insured Premises Is Material Misrepresentation Voiding Policy
Alvarado v. First Liberty Ins. Corp.
KINGS COUNTY
Real Property
Existence of Triable Issue Preclude Summary Judgment to Title Insurance Company
Loccisano v. Ayers
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Discrimination Suit Dismissed; Prima Facie Showing Not Made, Poor Job Performance Firing Not Rebutted
Jordan v. David Chaluisan Paper Fibers Corp.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Attorney's Fees
Court Reduces Fee Award to Parolee in §1983 Action Arising From Pepper-Spray by Off-Duty Parole Officer
McDow v. Rosado
NEW YORK COUNTY
Legal Profession
Free With Registration: Personal Injury Lawyers Taken to Task for 'Nonsensical and Frivolous' Bid to Recoup Costs
Kremen v. Benedict P. Morelli & Associates
APPELLATE DIVISION
SECOND DEPARTMENT
Land Use and Planning
Panel Rules on Use of Deceit as Basis to Deny Area Variance; Denial of Variance Requests Not Arbitrary
Matter of Caspian Realty Inc. v. Zoning Board of Appeals
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Bid to Enforce $5,000 Settlement Denied; Counsel Lacked Actual, Apparent Authority to Settle Case
Valez v. City of New York
U.S. COURT OF APPEALS, SECOND CIRCUIT
Employment
ADA Discrimination Suit's Dismissal Upheld; Failure To Make Appropriate Accommodations Not Shown
McBride v. BIC Consumer Products Manufacturing Co. Inc.
NASSAU COUNTY
Criminal Practice
Failure to Secure Child in Restraint While a Passenger In Vehicle Is Not Likely to Result in Injury to Child
People v. Carter
BRONX COUNTY
Insurance Law
Plaintiff Fails to Prove she Sustained a Serious Injury; Defendants Granted Summary Judgment
Huerta v. Benycol Transportation Corp.
October 9, 2009
KINGS COUNTY
Trusts and Estates
Court Grants University's Motion for Cy Pres Relief to Modify Restrictions of Decedent's Will
Matter of the Estate of Mildred Othmer
QUEENS COUNTY
Civil Practice
Complaint to Recover Under Telephone Account Dismissed as Time-Barred Under Federal Statute
Palisades Collection LLC v. Larose
KINGS COUNTY
Workers' Compensation Law
WCL §29 Ruled Exclusive Remedy for Attendant's Slip, Fall Inside Apartment; Complaint Dismissed
Hill v. Schwartz
QUEENS COUNTY
Criminal Practice
Hearing Officer Credits Defense Witness Testimony, Grants Suppression of Evidence
People v. Peters
NEW YORK COUNTY
Criminal Practice
Free With Registration: Lack of Judge's Signature on Protection Order Ruled Curable Defect; Criminal Contempt Dismissal Denied
People v. Boyce
BRONX COUNTY
Criminal Practice
Post-Conviction DNA Evidence Is Not Considered Newly Discovered; Vacatur of Judgment Is Denied
People v. Bryant
APPELLATE DIVISION
SECOND DEPARTMENT
Motor Vehicles
VTL §388 Could Not Be Invoked to Hold Car Owner Vicariously Liable Due to Relationship With Driver
Schuyler v. Perry
APPELLATE DIVISION
SECOND DEPARTMENT
Land Use and Planning
No 42 USC §1983 Property Rights Deprivation Claim Stated by Owner Barred From Commercial Tenancy
Sonne v. Board of Trustees of Village of Suffern
KINGS COUNTY
Criminal Practice
Statements of Building Owner Accused of Manslaughter to Building Inspectors Admissible
People v. Lattarulo
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
SEC's Delay in Service Due to Circumstances Outside Its Control; Securities Fraud Suit Denied Dismissal
Securities and Exchange Commission v. Lines
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Material Omission, Scienter Not Shown in Fraud Suit Stemming From FDA Denial of Anti-Obesity Drug
In re Sanofi-Aventis Securities Litigation
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Suit Against Wine Maker Denied Dismissal In Deference to Pending Litigation in Italy
Palm Bay International Inc. v. Marchesi Di Bartolo S.p.A.
October 8, 2009
KINGS COUNTY
Employment
Triable Issues of Fact Exist of Whether Dentist Should Be Treated as 'Employee' for HRL Claim Purposes
Rosa v. Levinson
WESTCHESTER COUNTY
Contracts
Court Disagrees With 'Rinfret' Holding; Candidate Is Found Liable for Debts Incurred in Campaign
Cioppa v. Lesnick
KINGS COUNTY
Torts
One Homeowner Granted Dismissal of Negligence Action by Plaintiff, but Neighbors' Motion Denied
Kontolios v. Spiatto
KINGS COUNTY
Employment
Firefighter Denied Annulment of Commissioner's Decision in Terminating Him for Cocaine Use
Peltonen v. Scoppetta
NEW YORK COUNTY
Attorney's Fees
Attorney Proves He Is Entitled to Unpaid Legal Fees From Church; No Facts Support Malpractice Claim
Hurley v. Beulah Church of God in Christ Jesus Inc.
APPELLATE DIVISION
FIRST DEPARTMENT
Insurance Law
Panel Rules on Issues Arising From 'Quota Share' Treaties, Contracts Among Insurer, Reinsurers
Gulf Insurance Co. v. Transatlantic Reinsurance Co.
NEW YORK COUNTY
Legal Profession
Free: Dueling Suits Between Firm, Ex-Partner Are Dismissed
Pitcock v. Kasowitz Benson
U.S. COURT OF APPEALS, SECOND CIRCUIT
Employment
Oral Statement Cannot Effect Change in ERISA Plan Even When Characterized as Fiduciary Duty Breach
Ladouceur v. Credit Lyonnais
NEW YORK COUNTY
Landlord/Tenant Law
Holdover Proceeding Is Dismissed as Acceptance of Rent Created Landlord-Tenant Relationship
23 Manhattan Valley North LLC v. Bass
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Rival Petitions to Vacate, Confirm Arbitral Award In Power Plant Project Dismissed Absent Prejudice
Mitsubishi Heavy Industries Ltd. v. Stone & Webster Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Jurisdiction Shown but Bulgarian Tobacco Firm's Suit Under 1987 Cigarette Pacts With Iraq Untimely
Bulgartabac Holding AD v. Republic of Iraq
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Court Rejects Bid to Dismiss Indictment Under 'Bartkus' As Violating Fifth Amendment Double Jeopardy Bar
United States v. Castro
October 7, 2009
WESTCHESTER COUNTY
Real Property
Court Grants Dismissal of TILA and RESPA Causes of Action Against Defendants
Miller v. Shkreli
KINGS COUNTY
Real Property
Court Denies Preliminary Injunction; Scrivener's Error in Written Agreement May Be Corrected
Aurora Loan Services LLC v. Arauz
NASSAU COUNTY
Civil Practice
Penalties for Failure to Comply With Discovery Obligations Denied at Current Juncture of Litigation
Todd Rotwein DPM PC v. Nader Enterprises LLC
RICHMOND COUNTY
Damages
'Act of God' Defense Inapplicable to City For Negligent Act, Omissions in Maintaining Sewer
Sciacca v. City of New York
NEW YORK COUNTY
Constitutional Law
Free With Registration: Defamation Suit Dismissed as Defendant Expressed Mere Opinion; Products Liability Claim Is Rejected
Intellect Art Multimedia Inc. v. Milewski
NASSAU COUNTY
Criminal Practice
Informations Insufficient to Support Endangering Welfare of Child, Violation of Social Host Law
People v. Anderson
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Under 'Flores-Figueroa,' Court Had to Instruct Jury As to 18 USC §2421 Mann Act Knowledge Element
United States v. Jae Shim
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Creditors' and Debtors' Rights
Bid to Collect on Debenture Violated Contractual Duties Under Pact's 'No Action' Clause
Khan v. Douglas Machine & Tool Co. Inc.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Circuit Upholds Prison Sentences of Rigases
United States v. Rigas
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Murderer Denied Rule 60(b)(6) Relief From Order Denying §2255 Relief; AEDPA Time Limit Not Tolled
Rodriguez v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
May 2005 COGSA Claim Untimely; Under 'Delivery' Definition Limitation Period Expired That April
Russul Corp. v. Zim American Integrated Shipping Services Co. Inc.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Rights
§1983 Action Remanded; Unclear if Nolle Prossed Charge Related to Offense to Which Guilty Plea Made
Roberts v. Babkiewicz
October 6, 2009
KINGS COUNTY
Administrative Law
FDNY Trustee's Decision Denying ADR to WTC First Responder Has Rational Basis; Annulment Denied
Matter of Guerra v. Scoppetta
NASSAU COUNTY
Insurance Law
Insurer May Not Recover No-Fault Benefits Paid After Discovering Claim Is Fraudulent
Lincoln General Ins. Co. v. Alev Medical Supply Inc.
WESTCHESTER COUNTY
Criminal Practice
Court Finds Grand Jury Minutes Legally Sufficient To Support Crimes Charged, Denies Dismissal
People v. Maydel
KINGS COUNTY
Landlord/Tenant Law
Tenants Fail to Show Entitlement to Pre-Trial Dismissal of Owners' Use Holdover Proceeding
Pierre-Blanc v. Jones
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Fosamax Action Remanded to State Court; New Jersey Parties Defeat Diversity Jurisdiction
Ward v. Merck & Co. Inc.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
FDCPA Violations Suit Dismissed; Claim Not Stated; Default Judgment Not Illegal, Orders Not Obeyed
Sembler v. Attention Funding Trust
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Judge Rebuffs Insurers' Bid to Rescind Milberg's Coverage
Certain Underwriters v. Milberg
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Pre Trial Detainee's Alleged Deprivations De Minimis, Did Not Arise to Constitutional Rights Violations
Gamble v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Exoneree's Claims Against Correction Officer Severed From §1983 Action, Transferred to Western District
Deskovic v. City of Peekskill
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Summary Judgment Denied in Infringement Suit; Fact Issues Exist on Patent Claim's Prior Disclosure
InteliFUSE Inc. v. Biomedical Enterprises Inc.
NEW YORK COUNTY
Contracts
Free With Registration: Tenant Found in Default of Lease, Granting Landlord Damages, And Attorneys' Fees
Fuller Madison LLC v. Leo Kaplan Modern Ltd.
QUEENS COUNTY
Criminal Practice
People v. Sanchez, Cuevas, Hernadez, Quiles
October 5, 2009
QUEENS COUNTY
Criminal Practice
Officer's Draft of Criminal Court Complaint Ruled 'Rosario' Material; Preclusion of Same Denied
People v. Bortolis
ROCKLAND COUNTY
Taxation
Motion to Dismiss Challenged Tax Assessments For Failing to Timely Serve School District Denied
Matter of Wyeth Holdings Corp. v. Assessor, Town of Orangetown
WESTCHESTER COUNTY
Labor Law
Ex-Employee's Complaints for Retaliation, Prohibition on Kick Backs Are Dismissed
Benincasa v. Big Dee Auto Sales Inc.
NASSAU COUNTY
Family Law
Ex-Husband Is Denied Stay of Decision Interpreting His Child Support Obligations
Lisa K. v. Steve S.
KINGS COUNTY
Alternative Dispute Resolution
Vacatur of Arbitrator's Decision Finding Defendant In Default Is Denied; Court Confirms Decision
Green Tree Credit LLC v. Jelks
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Lacks Jurisdiction Over Bulk of Claims Raised In Custody Dispute; Cannot Negate State Court Orders
Fischer v. Clark
NEW YORK COUNTY
Contracts
Free With Registration: Former Employer Is Granted Dismissal Of Affirmative Defenses in Breach Action
Williams real Estate Co. Inc. v. Dome
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Fair Housing Act Claims in Eviction From Offices Rejected; §1982 Discrimination Claim Not Stated
Allen v. Roth
APPELLATE DIVISION
SECOND DEPARTMENT
Family Law
Firefighter's 9/11 Victim Compensation Award Ruled Separate Property in Equitable Distribution
Howe v. Howe
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Suit Alleging Breach of Contract to Distribute Film Is Dismissed; Distribution License Claims Rejected
The Weinstein Co. v. Smokewood Entertainment Group LLC
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Award Confirmation Dismissal Remanded; Is Oil Firm Agent of Azerbaijan, Entitled Due Process
Frontera Resources Azerbaijan Corp. v. State Oil Company of the Azerbaijan Republic
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
American Indian Law
State Challenges to Interior Agency's Acceptance Of Parcel in Trust for Oneida Nation Is Dismissed
State of New York v. Salazar
October 2, 2009
KINGS COUNTY
Criminal Practice
Police-Arranged Identifications Require CPL §710.30 Notice; Suppression of Identifications Granted
People v. Manour
KINGS COUNTY
Criminal Practice
Allegations in Information Facially Sufficient For Harassment, Endangering Welfare of Child Charges
People v. Lewis
QUEENS COUNTY
Criminal Practice
Defendant's Resentencing With Imposition of PRS Does Not Violate Due Process, Double Jeopardy
People v. Pelsey
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Un 'Mirandized' Statements to Airport CBP Officers Not Suppressed; Law's Change May Be Warranted
United States v. Fnu Lnu
U.S. BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy
No Claim Stated in Assertion That Bank Acquired Loan On Exercise of Repurchase Pact Counterparty Rights
LH 1440 LLC v. Lehman Commercial Paper Inc.
QUEENS COUNTY
Supreme Court
Jose v. Fuentes
SUFFOLK COUNTY
Business Law
Fraud Claim Dismissed as Based Solely On Allegation of Failed Transaction
Vigiarolo v. Vigiarolo
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Constitutional Law
Student Properly Refused Request to Publicly Deny On School's PA System a Racist Remark
DeFabio v. East Hampton School District
NEW YORK COUNTY
Civil Practice
Free With Registration: CPLR 203(g) Inapplicable to Provide Tenant With 'Equitable Tolling'; Reargument Denied
Obispo v. 423 Madison Ave. LLC
NASSAU COUNTY
Landlord/Tenant Law
Ex-Wife Not Tenant, But Licensee And Not Entitled To Remain in Ex-Husband's Separate Property
Rodriguez v. Greco
U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
Only District Court May Decide Naturalization When Applicant Files INA §1447(b) Petition
Bustamente v. Napolitano
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Novel, Play About Judas Iscariot Trial Dissimilar; Suit Claiming Play's Copyright Infringement Dismissed
Porto v. Guirgis
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Creditors' and Debtors' Rights
Bankruptcy Code Precludes Class Suit Alleging FDCPA §§1692e,f Violations in Proof of Claim
Simmons v. Roundup Funding LLC
October 1, 2009
QUEENS COUNTY
Real Property
Court Finds Prima Facie Case That Possession of Disputed Parcel Was Hostile, Under Claim of Right
Bratone v. Conforti-Brown
NASSAU COUNTY
Criminal Practice
Canine Sniff of Vehicle Was Permissible; Officer Had Reasonable Suspicion to Search Vehicle
People v. Adams
KINGS COUNTY
Criminal Practice
Police Cannot Search Third-Party Residence For Subject of Arrest Warrant Without Search Warrant
People v. Fakoya
NEW YORK COUNTY
Contracts
Free With Registration: Parties Lack Special Trust, Confidence Relationship To Support Negligent Misrepresentation Claim
Pacnet Network Ltd. v. KDDI Corp.
JEFFERSON COUNTY
Landlord/Tenant Law
Court Awards Security Deposit Refund Despite Counterclaim for Repairs, Rent, Lease Violations
Blend v. Castor
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Torts
FTCA Exception Bars Bulk of Claims in Suit Alleging Failure to Supervise Bouncer Who Raped, Murdered
Saint-Guillen v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Immigration Law
Deportable Alien's Detention Under INA §236(c) Justified by 'Denmore', Flight Risk; Habeas Denied
Adler v. U.S. Department of Homeland Security
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
'Grey Market' Copies of Copyrighted Works Made Abroad Ineligible for 'First-Sale Doctrine' Protection
Pearson Education Inc. v. Ganghua Liu
APPELLATE DIVISION
FIRST DEPARTMENT
Legal Profession
Continuous Representation Requires Tolling, Panel Finds
Waggoner v. Caruso
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Engine Parts Provider Knew Buyer Acted as Agent Of 'Disclosed' Principal; Attachment Order Vacated
Man Diesel A/S v. Seahawk North America LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Real Property
Preliminary Approval Granted Settlement in Class Suit Charging Bank With Post-Closing Fee Violating RESPA
Cohen v. J.P. Morgan Chase & Co.
NASSAU COUNTY
Landlord/Tenant Law
Oral Modification, Equitable Estoppel, Partial Performance is Belied by Documentary Evidence
We''e Associates Co. v. Hornell Brewing Co. Inc.
September 30, 2009
DUTCHESS COUNTY
Trusts and Estates
Attorney Ineligible to Seek Compensation For Actions Under Power of Attorney Void Ab Initio
Estate of Frank J. Sadlo Jr.
KINGS COUNTY
Labor Law
Sur-Reply Impermissible Under CPLR 2214 But Still Within Court's Discretion to Be Considered
Avila v. City of New York
KINGS COUNTY
Family Law
Agency's Petition to Terminate Father's Parental Rights Denied, Dismissed
Matter of Jayquan J.
BRONX COUNTY
Insurance Law
Plaintiff Fails to Explain Gap in Treatment; Summary Judgment Dismissing Action Granted
Santos v. White
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Court Confirms $38 Million in Awards Granted Firm in Dispute Over Soybean Contracts' Breach
Bunge Agribusiness Singapore Pte. Ltd. v. San He Hope Full Grain Oil Foods Production Co. Ltd.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Allegedly Inculpatory Statement Not Waiver Of 'Miranda' Rights, Granted Suppression
United States v. Rivera
U.S. COURT OF APPEALS, SECOND CIRCUIT
Legal Profession
Free With Registration: Debevoise & Plimpton Is Reinstated as MetLife's Counsel in Case
In re MetLife Demutualization Litigation
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Foreign Firm's Suit Against U.S. Multinational Over Brazilian Firm's Fertilizer Purchase Stays in District
Ancile Investment Co. Ltd. v. Archer Daniels Midland Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Pact's Express Terms Preclude Breach Claim; Good Faith Covenant Inconsistent With Bargained for Terms
The Merit Group LLC v. Sint Maarten Int'l Telecommunications Svces NV
APPELLATE DIVISION
FIRST DEPARTMENT
Contracts
$474,298 Judgment Enforcing Merger Pact's Terms Upheld; Only Unilateral, Not Mutual, Mistake Shown
Resort Sports Network Inc. v. PH Ventures III LLC
NASSAU COUNTY
Insurance Law
District Entitled to Complete Defense, May Be Entitled to Complete Indemnification in Action
Kenmore-Tonawanda U.F.S.D. v. Markel ins. Co.
NEW YORK COUNTY
Employment
Refusing to Employ Waitress Because of Accent May be Discrimination Based on Race, National Origin
Morales v. HT Rest NYC LLC
September 29, 2009
NASSAU COUNTY
Civil Practice
Court Finds Contacts With State Sufficient to Deny Dismissal Based on Lack of Long-Arm Jurisdiction
Krobath v. Tractor Barn
KINGS COUNTY
Employment
Stray Remarks on Age, Race Insufficient to Support Inference of Discrimination in Teacher's Termination
Chase v. Board of Education of New York City
KINGS COUNTY
Criminal Practice
Statements of Defendant Must Be Sufficiently Corroborated by Allegations of Other Evidence
People v. Gundarev
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Attorney's Fees
Identical Entries, Contemporaneous Records Failure Noted in Refusal to Vacate Fee Award's Reduction
Scott v. City of New York
KINGS COUNTY
Insurance Law
Defect in Insurer's Papers, Attorney Affirmation Does Not Warrant Summary Judgment to Plaintiff
Jesa Medical Supply Inc. v. GEICO Ins. Co.
NEW YORK COUNTY
Business Law
JP Morgan Granted Motion to Dismiss Breach Of Implied Covenant of Good Faith, Fair Dealing Claim
Duration Municipal Fund LP v. J.P. Morgan Securities Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
'Sibia' Cited in Court's Refusal to Reconsider Denial 'U.S. Steel' Patent Prosecution Bar Against Counsel
Island Intellectual Property v. Promontory Interfinancial Network
Alternative Service on Non-Residents Permitted In Action to Recover Unpaid Taxes From Estate
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
United States v. Estate of Martin J. Machat
APPELLATE DIVISION
SECOND DEPARTMENT
Torts
Free With Registration: Duty to Public Held to Justify Dram Shop Law Contribution
O'Gara v. Alacci
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Court Rejects Challenge to Sentence Calculation In Plot Threatening Kidnapping, Threats to Official
United States v. Jordan
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Medical Indifference Action Deemed Res Judicata After Settlement of State Suit Under Same Accident
Sweeper v. Tavera
NEW YORK COUNTY
Contracts
Condo Board Granted Summary Judgment On Issue of Unit Owners' Liability for Breach
Board of Managers v. Levenbrown
September 28, 2009
NASSAU COUNTY
Real Property
Triable Issue of Whether 'Traveled Way' Continues To Be Public Street or if Status Abandoned Exists
Matter of Marchand v. NYS Dept of Environ. Conservation
WESTCHESTER COUNTY
Taxation
Town Fails to Demonstrate Reason for Unexplained Revocation of Petitioner's Tax Exemption
Matter of Panorama Flight Service Inc. v. Town of Harrison
BRONX COUNTY
Torts
Security, Landlord May Be Held Liable in Shooting; Victim May Be Beneficiary of Security Contract
Kelly v. Norgate Business Associates
NEW YORK COUNTY
Civil Practice
Free With Registration: Plaintiff Ruled Inappropriate Class Representative Due to Familial Relationship With Lead Counsel
Brissenden v. Time Warner Cable of NYC
APPELLATE DIVISION
FIRST DEPARTMENT
Alternative Dispute Resolution
Arbitration Reinstated; Knowledge of Fraud Cannot Be Attributed to Petitioners Due to Investment Losses
CSAM Capital Inc. v. Lauder
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Rules on Discovery in Plaintiffs' Bid to Hold Bhopal Plant's Former Owners Liable for Pollution
Sahu v. Union Carbide Corp.
APPELLATE DIVISION
FIRST DEPARTMENT
Landlord/Tenant Law
Rent Overcharges by Landlords May Be Investigated Past Statute of Limitations, Panel Finds
Grimm v. State of New York Division of Housing and Community Renewal
WESTCHESTER COUNTY
Trusts & Estates
Dismissal of Proceeding for Discovery of Allegedly Withheld Property Denied; Evidence Inconclusive
Estate of Donald A. Lyon
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Lloyd's London's Dispute With Agent Subject To Arbitration Under Broad Clause in Compact
R.J. Wilson & Associates Ltd. v. Underwriters at Lloyd's London
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Rights
Court Erred in Converting Motion for Judgment On Pleadings in Pro Se Suit to Summary Judgment
Hernández v. Coffey
QUEENS COUNTY
Criminal Practice
Officers Fails to Articulate Reasonable Suspicion For Defendant's Stop; Suppression Is Granted
People v. Johnson
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Children's Nanny Had Apparent Authority to Consent To Apartment's Search; Evidence Not Suppressed
United States v. Berkolayko
September 25, 2009
WESTCHESTER COUNTY
Family Law
Court Finds Mother Fails to Show Relocation In Child's Best Interests, Denies Same
Matter of MC v. JT
SUFFOLK COUNTY
Contracts
Court Concludes Certain Accounts Receivables Not Included in Asset Purchase Agreement
Telcar Group Ltd. v. Telcar Certified Ltd.
NASSAU COUNTY
Criminal Practice
Court Dismisses Two Counts of Simplified Traffic Informations For Facial Insufficiency
People v. Peraza
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Under 'Kokkonen' Ruling Court Lacks Jurisdiction To Re-Open Action to Enforce Unpaid Settlement
Ageitos v. North Shore Country Club
NEW YORK COUNTY
Contracts
Defendants Waived Right to Arbitration By Actively Participating in Judicial Forum
Lockett v. Tuff City Records
KINGS COUNTY
Insurance Law
Court Finds Defendant Met Burden Establishing Plaintiff Did Not Sustain 'Serious Injury'
Khaimovich v. Defossett
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Attachment Order Denied Vacatur, Prima Facie Claim Stated; 2008 LOI Was Maritime in Nature
The Great Eastern Shipping Co. Ltd. v. Binani Cement Limited
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Criminal Practice
Conviction Denied Reinstatement; Clean Air Act Objective's Defect, Legal Impossibilities Noted
United States v. Mark Desnoyers
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Free With Registration: Attorney Appearing Pro Se Has No Contitutional Right to Wear Hat and Jeans in Court
Bank v. Katz
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Consecutive Sentences on Racketeering, Gun Charges Upheld; Coram Nobis, Audita Querela Claims Rejected
Lou v. United States
U.S. COURT OF APPEALS, SECOND CIRCUIT
Bankruptcy
Bankruptcy Code §502(d) Does Not Apply to §503(b) Administrative Expenses Claims
In re: Ames Department Stores Inc.
KINGS COUNTY
Civil Practice
Court Gives Collateral Estoppel Effect to Beth Din Determination, Precluding Instant Litigation
Nachum v. Ezagui
September 24, 2009
BRONX COUNTY
Torts
Grandmother's Conduct 'Functional Equivalent' Of Attempted Repair; Dismissal of Action Denied
Lora v. NYC Housing Authority
QUEENS COUNTY
Insurance Law
Insurer's Policy Exclusions Found Applicable, Denying Policy Coverage For Underlying Action
Beach 20th Realty LLC v. U.S. Liability Ins. Group
KINGS COUNTY
Landlord/Tenant Law
Surrender Agreement Procured by Bad Faith, Overreaching; Tenant Restored to Apartment
White v. Renaissance Equity Holdings LLC
SUFFOLK COUNTY
Employment
Board of Education's Dismissal of Tenured Teacher Found Violative of Teacher's Statutory Rights
Matter of Moraitis v. Bd. of Ed. Deer Park U.F.S.D.
NEW YORK COUNTY
Civil Practice
Pennsylvania's Shorter Statute of Limitations Applied To Plaintiff's Claims; Court Finds Claims Time-Barred
Merritt v. Blumenthal
WESTCHESTER COUNTY
Civil Practice
Insurer Fails to Seek Entry of Default Judgment Within One Year Following Defendants' Default
Progressive Casualty Ins. Co. v. Gomez
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Court Rejects Dismissal of Brazilian Firm's Action To Confirm $21 Million Award by Peruvian Panel
Figueiredo Ferraz Consultoria E Engenharia de Projeto Ltda. v. Republic of Peru
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Rejects Bid to Hold Bank in Contempt After Account Funds Withdrawn Through California Branch
John Wiley & Sons Inc. v. Kirtsaeng
APPELLATE DIVISION
SECOND DEPARTMENT
Civil Rights
Inmate's Challenge to Disciplinary Findings Remitted To State Court; Due Process Issues Implicated
Matter of Stallone v. Fischer
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Officer's Challenge to Resignation Charging Deprivation of Interests in Job, Reinstatement Denied
Ifill v. New York State Court Officers Association
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Suit Alleging Fraud in ARS Sales Dismissed; Advisor's Statements Could Not Be Attributed to Broker Firm
Defer LP v. Raymond James Financial Inc.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Rights
Free With Registration: Standard for Claim of Deliberate Indifference to Inmate's Health and Safety Clarified
