This Week's Decisions
U.S. District Court, Southern District
NYLJ Decision of Interest
Southerndown, Inc., Petitioner v. HSS LLC, Respondent, 11 Civ. 8619 (TPG)
Wednesday, February 8, 2012
Court Explains Arbitral Award's Confirmation In Dispute Between Penthouse Buyer, Designer
Appellate Division, Fourth Department
Muhammad v. Fitzpatrick, CA 11-01764
Panel Rejects Standard Medical Malpractice Defense
Supreme Court, Queens County, Part 9
NYLJ Decision of Interest
Kalwiss v. NYC, 17105/11
Late Notice Approved in Injured Firefighter's Case
U.S. District Court, Northern District
S.S. v. Whitesboro Cent. Sch. Dist., 6:11-CV-0036
Judge Dismisses Suit Over Student's Swimming Anxiety
U.S. District Court, Eastern District
NYLJ Decision of Interest
In Re Ciprofloxin Hydrochloride Antitrust Litigation, 00-MDL-1383 (FB)
State of Law on Reverse Exclusionary Payments Leads to Finding That Parties Bore Own Costs
U.S. District Court, Southern District
NYLJ Decision of Interest
In Re Vivendi Universal, S.A., Securities Litigation, 02 Civ. 5571 (RJH)
U.S. Supreme Court's Ruling in 'Morrison' Extended to Claims Under 1933 Securities Act
U.S. District Court, Southern District
NYLJ Decision of Interest
Richard Malinowski, Plaintiff v. Wall Street Source, Inc. and John Albert, Defendants, 09 Civ. 9592 (PAE)
Company's President Not Personally Liable Under Contract for Executive's Unpaid Salary
Civil Court, Kings County, Part 69
NYLJ Decision of Interest
All Boro Psychological Services, P.C., a/a/o Alma Cyrus, Plaintiff v. Geico Gen. Ins. Co., Defendant, CV 061389/09
Insurer's Fee Schedule Defense Fails; Lack of Medical Necessity for Tests Proven
Civil Court, New York County, Part N
NYLJ Decision of Interest
60 West 57 Realty, Inc., Petitioner-Landlord v. William Boyce, as Executor of the Estate of Leda Liounis, Respondent-Tenant, and William Boyce, "John Doe" and "Jane Doe", Respondents-Undertenants, 55826/09
Husband Found Entitled to Succession Rights Of Deceased Wife's Rent-Stabilized Apartment
Supreme Court, New York County, Part 1
NYLJ Decision of Interest
In the Matter of the Application of the Metropolitan Transportation Authority relative to acquiring title in fee simple absolute to certain real property, and terminating private interests in vaults in certain New York City sidewalks, required for the Fulton Street Transit Center Project Phase 2 Block 79, Lot 15; Block 79, Lot 16; Block 79, Lot 18; Block 79, Lot 19; Block 79, Lot 21 (Fee and Vaults); Block 79, Lot 25; Block 79, Lot 26 (Vaults) as said property is shown on the current Tax Map of the Borough of Manhattan, City and State of New York, 400467/06
No 'Wrongful Consequences' Found To Justify Denying Tenants' Fixtures Claim
Supreme Court, New York County, Part 59
NYLJ Decision of Interest
Mary Olsen and Adam Haridopolos, Plaintiffs v. Stellar West 110 LLC, Defendants, 107800/10
Exception to 'Single Motion Rule' Applies; Dismissal for Lack of Jurisdiction Granted
Supreme Court, Queens County, IAS Part 34
NYLJ Decision of Interest
Eastern Savings Bank, Plaintiff v. Rebecca Thomas, Defendant, 9349/08
Court Denies Motions to Set Aside Foreclosure Sale, Vacate Referee's Deed
U.S. District Court, Southern District
NYLJ Decision of Interest
Arnold M. Wachtel, Plaintiff v. National Railroad Passenger Corporation, Individually and d/b/a Amtrak, and Amtrak, Individually, Defendant, 11 Civ. 613 (PAC)
Due to Failure to Complete Conditions Purported Contract Was Never Created
Disciplinary Proceeding, Appellate Division, Second Department
Matter of Gold, M131589
Tuesday, February 7, 2012
Attorney Suspended Over Preformance in Disability Litigation
U.S. District Court, Western District
NYLJ Decision of Interest
Gail Hintergerger, et al., Plaintiffs v. Catholic Health System, et al., Defendants, 08-CV-952S
Class Suit Alleging ERISA, RICO Violations Arising From Pay Violations Is Dismissed
U.S. District Court, Northern District
NYLJ Decision of Interest
Dayton Superior Corp., Plaintiff v. SPA Steel Products, Inc., Defendant, 1:08-CV-1312 (FJS/RFT)
Claim of Secondary-Line Price Bias Violating Robinson-Patman Act Survives Dismissal Bid
U.S. District Court, Eastern District
NYLJ Decision of Interest
Carmen Robles, Plaintiff v. Cox and Company, Inc, Defendant, 11-CV-1975 (ADS) (GRB)
Judge Explains Dismissals in Lawsuit Alleging Age Bias, Title VII Retaliation, Other Claims
U.S. District Court, Southern District
NYLJ Decision of Interest
Lantheus Medical Imaging, Inc., Plaintiff v. Zurich American Insurance Co., Defendant, 10 Civ. 9371 (JPO) (JLC)
Immunities Act Does Not Prevent Issuance Of Letters Rogatory on Reactor's Operator
U.S. District Court, Southern District
NYLJ Decision of Interest
Douglas C. Brandon, Plaintiff v. Jay K. Musoff, Timothy Coleman, Marsh & McLennan Companies, Inc. and Kroll a/ka Kroll Inc. a/k/a Kroll & Associates, Defendants, 10 Civ. 9017 (KBF)
'Bivens', Fraud Claims Arising From Ponzi Scheme Conviction Deemed Untimely
District Court, Nassau County, Civil Part 3
NYLJ Decision of Interest
All County, LLC, a/a/o Lawrence Wilkes, Plaintiff v. Tri-State Consumer Insurance Company, Defendant, CV-013190-10
Insurer Denied Dismissal of No-Fault Claim For Medical Necessity as Questions Exist
Supreme Court, Nassau County, Trial/IAS Part 14
NYLJ Decision of Interest
Paul Schimmel & Port Salem Pharmacy Corp., Plaintiffs v. Youtube, Inc. & Youtube, LLC, Defendants, 022944/10
Motion to Amend in Defamation Suit Denied; No Diligent Effort to Identify Defendants
Civil Court, Kings County, Part 11
NYLJ Decision of Interest
Shanhellen Jimenez, Plaintiff(s) v. Emmanuel Nunez and Juan Reyes, Defendant(s), CV-63800-11/KI
Now-Destitute Child of 9/11 Victim Awarded Constructive Trust Against
Supreme Court, New York County, Part 7
NYLJ Decision of Interest
Bill Bace, Plaintiff v. Tai May Realty, Inc., Defendant, 116757/02
Court Rejects New Evidence Claim Seeking to Vacate of Prior Order
Supreme Court, New York County
NYLJ Decision of Interest
In the Matter of the Application of, Alini Brito, Petitioner v. Dennis M. Walcott, As Chancellor of the City of New York Department of Education, Respondent, 100372/11
Teacher Is Granted Extension to Serve Notice of Petition to Education Department
Supreme Court, New York County, Part 11
NYLJ Decision of Interest
TransPerfect Document Management, Inc., Plaintiff v. Peter M. Collard, JR., Defendant, 116290/10
Civil Contempt Order Is Found Precluded By Stipulation's Vague, Ambiguous Language
U.S. Court of Appeals, Second Circuit
April Gallop v. Richard Cheney, 10-1241-cv
Attorney Sanctions Upheld in 9/11 Conspiracy Case
U.S. Court of Appeals, Second Circuit
United States v. Troy Culbertson, 10-1766-cr
With Drug Quantity at Issue, a Plea Is Overturned
U.S. Court of Appeals, Second Circuit
Scandinavian Reinsurance Co. Ltd. v. Saint Paul Fire, 10-0910-cv
Circuit Rejects Judge's Upset of Arbitration Award
Appellate Division, Second Department
Jayden Knutt v. Metro International, 19237/10
Boy's Defamation Claim Against Newspaper Revived
Appellate Division, Third Department
The Matter of Barbara J. Ford v. The Rector Churchwardens & Vestrymen of Trinity Church, 512443
Panel Upsets Award of Unemployment Benefits
Supreme Court, Schenectady County
C.H. v. S.H., MAT2010-0459
Valuation Date Tied to Successful Divorce Action
U.S. District Court, Eastern District
NYLJ Decision of Interest
United States, Plaintiff v. Raymond Castro, Defendant, 06-CR-478 (ADS)
Monday, February 6, 2012
Defendant Sentenced as Career Offender Is Ineligible for a Reduction in Sentence
U.S. District Court, Southern District
NYLJ Decision of Interest
Martin Guillen, individually and on behalf of all others similarly situated, Plaintiff v. Marshalls of MA, Inc., a Delaware corporation, Defendants, 09 Civ. 9575 (LAP) (GWG)
Purported Class Representative Not Similarly Situated to Prospective Class Members
U.S. District Court, Southern District
NYLJ Decision of Interest
Charles Boyce and Nisha Menon, individually and on behalf of S.E.B., L.R.M.B. and R.A.M.B., Infants, Plaintiffs v. E.A. Technologies, Inc., Defendant, 10 Civ. 9359 (NRB)
Defendant's Unacceptable Neglect of Case Does Not Rise to Level of Willfulness
District Court, Nassau County, Criminal Term, Part C4
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Kevin Huhn, Defendant, 2011NA004618
Lab Report not Valid Supporting Deposition; Defendant's Admission Denies Dismissal
Criminal Court, Kings County, Part AP 2
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Faruq Freeman, Defendants, 2011KN060074
Sexual Abuse Charge Against Father Is Dismissed, But Not Endangering Charge
Surrogate's Court, Kings County
NYLJ Decision of Interest
In the Matter of the Final Accounting of the Public Administrator of Kings County, as the Administrator of the Estate of Veronica Tesler, a/k/a Veronika Teszler, a/k/a Nelly Tesler, Deceased, 4497C/04
Holocaust Survivor's First Cousins Found to Be Sole Distributees
Supreme Court, New York County, Part 46
NYLJ Decision of Interest
William McGivney and Janice McGivney, Plaintiff v. Sobel, Ross, Fliegel & Suss, LLP, and Sherwin A. Suss, Defendants, 109484/2010
Law Firm Granted Dismissal of Judiciary Law Claim, Denied Dismissal of Malpractice Suit
U.S. District Court, Southern District
NYLJ Decision of Interest
Swan Media Group, Inc., Plaintiff v. Danielle Staub, Defendant, 11 Civ. 2250
Company Suing Former 'Real Housewife' Fails to Sufficiently Allege Breach of Contract
U.S. District Court, Southern District
NYLJ Decision of Interest
John T. Metcalf, et al., Plaintiffs v. Sophocles N. Zoullas, et al., Defendants, 11 Civ. 3996 (AKH)
Complaint Reasonably Infers Board's Decisions Were Part of Scheme Benefiting Its Members
Supreme Court, Bronx County, Part PP-2
NYLJ Decision of Interest
Domingos Mouta and Maria Jos Mouta, Plaintiffs v. Essex Market Development LLC, JF Contracting Corp., Marangos Construction, and MSS Construction Corp., Defendants, 307749-08
Failure to Provide Workers Adequate Safety Device Per Se Violation of Labor Law §240(1)
Supreme Court, Orange County
The Matter of Velasquez v. New York State Board of Parole, 6271/2011
Judge Orders Parole Board to Reconsider Release Bid
Appellate Division, First Department
Latipac Corp. v. BMH Realty LLC, 101213/09
Obligation to Purchase Real Estate Survives 'Roberts,' Panel Rules
U.S. Court of Appeals, Second Circuit
Alliance for Open Society International, Inc. v. U.S Agency For Int'l Dev., 08-4917-cv
Circuit Declines En Banc Hearing on HIV Grant's Speech Restriction
Supreme Court, Nassau County, Trial/IAS, Part 3
John Cook v. The Nassau County Police Department, 14558/11
Police Ordered to Release Some O'Reilly Correspondence
Supreme Court, New York County, Part 58
NYLJ Decision of Interest
In the Matter of the Application of Dmitry Gorelik, Petitioner For a Judgment under and pursuant to Article 78 of the Civil Practice Law and Rules v. The New York City Department of Buildings, Respondent, 110038/11
Motion to Compel DOB to Produce License Applications of Criminally Convicted Denied
Disciplinary Proceeding, Appellate Division, Second Department
Matter of Gerard E. Brogdon, admitted as Gerard Elliott Brogdon, an attorney and counselor-at-law, D33668
Friday, February 3, 2012
Disciplinary Proceeding, Appellate Division, Second Department
Matter of Kevin Charles Hymes, admitted as Kevin Charles Hymowitz, an attorney and counselor-at-law, resignor, D33685
Surrogate's Court, Westchester County
Matter of Piyavan Chantarasmi, 2010-988/B
Specific Wording Not Needed to Create Trust, Court Says
Supreme Court, Queens County, Criminal Term Part K-11
The People v. Chet Turnquest, 602-2011
Prosecution May Use Recanted Accusation of Domestic Violence at Trial
U.S. District Court, Western District
United States v. Thamud Eldridge, 09-CR-329A
Federal Judge Vacates Disqualification of Prosecutor
Supreme Court, New York County, Part 3
The Mount Sinai Hospital v. The 1998 Alexander Karten Annuity Trust, 652035/11
Hospital Wins Property Fee Dispute With Landlord
U.S. Court of Appeals, Second Circuit
In Re: American Express Merchants' Litigation v. American Express Travel Related Services Co., 06-1871-cv
Amex Again Loses Bid to Enforce Waiver
U.S. District Court, Western District
NYLJ Decision of Interest
Benjamin J. Goss, Plaintiff v. JLG Industries, Inc., Defendant, 10-CV-58S
Fact Issue Exists if Machine Was Equipped With Strap Dissipating Static Electricity
U.S. District Court, Eastern District
NYLJ Decision of Interest
Brian M. Hammond, Plaintiff v. Lincoln Technical Institute, Inc., Defendant, 10-CV-1933 (JBW) (JMA)
Technical School Student Is Not Entitled To Res Ipsa Loquitor Negligence Inference
U.S. District Court, Eastern District
NYLJ Decision of Interest
Optimus Communications, Plaintiff v. MPG Associates, Inc., Defendant, 11-cv-2468 (ADS)(WDW)
Breach Suit Dismissed Due to Failure to Seek Arbitration as Required by Parties' Contract
U.S. District Court, Southern District
NYLJ Decision of Interest
United States of America, Plaintiff v. Jose Minaya, Defendant, 10 Cr. 1179 (JFK)
Court Denies Motions in Limine to Bar Expert Testimony in Trial Over Heroin Sale
U.S. District Court, Southern District
NYLJ Decision of Interest
Securities and Exchange Commission, Plaintiff v. ICP Asset Management, LLC, et al., Defendants, 10 Civ. 4791 (LAK)
Trustee of Trusts to Which Assets Transferred Denied Dismissal From SEC Fraud Complaint
Supreme Court, Bronx County, Part IA3
NYLJ Decision of Interest
In Re Subpoena Duces Tecum to Third Party Heidi Evans Gregory Hodge, Plaintiff v. New York City School Construction Authority, City of New York, Department of Education of City of New York, the Board of Education of City of New York, and Admiral Construction, LLC, Defendants, 305815/11
Material Sought in Subpoena Found Neither Critical Nor Necessary to Defense
Supreme Court, New York County, IAS Part 28
NYLJ Decision of Interest
In the Matter of the application of Masao Yonamine, Petitioner v. New York City Police Department, Raymond Kelly, James Russo, Hyppolyte, Associate Investigator, and Jonathan David, Respondents For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, 108310/2011
NYPD Ordered to Supply Additional Records Under FOIL, or State Applicable Exemptions
Supreme Court, New York County, Part 36
NYLJ Decision of Interest
Creditone, LLC, Plaintiff v. Fang Mei Feldman, Defendant, 107031/10
Credit Card Issuer Granted Summary Judgment in Action to Recover on Debt
Supreme Court, New York County, Part 12
NYLJ Decision of Interest
In the Matter of the Application of Rohan Campbell, Petitioner For a Judgment Pursuant to Article 78 of the Civil Practice Laws v. New York City Police Department, Respondent, 104522/11
Disclosure of Records Denied as Same Will Interfere With Pending Judicial Proceeding
Supreme Court, New York County, Part 10
NYLJ Decision of Interest
J.P, Plaintiff v. P. P., Defendants, 311734/2011
N.Y. Court Defers Divorce Action To N.J. Court as Matter of Comity
County Court, Essex County
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Robert Jones, Defendant, 2989
Court Denies Inmate's Motion to Obtain Copy of Confidential Presentence Report
U.S. Court of Appeals, Second Circuit
US v. David Cain, 09-0707-cr(L)
Thursday, February 2, 2012
Choice of Attorney Gives Way to Non-Waivable Conflict, Circuit Finds
U.S. District Court, Eastern District
NYLJ Decision of Interest
Michael J. Goodman, et al., Plaintiffs v. Genworth Financial Wealth Management, et al., Defendant, CV 09-5603 (LDW) (GRB)
Former Employee Witnesses Can Be Deposed In Securities Fraud Action Despite Injunction
U.S. District Court, Southern District
NYLJ Decision of Interest
Dorchester Financial Securities, Inc., Plaintiff v. Banco BRJ, S.A., Defendants, 11 Civ. 1529 (KMW) (KNF)
Judge Explains Dismissal of Diversity Suit Charging Brazilian Bank With Fraud
U.S. District Court, Southern District
NYLJ Decision of Interest
United States ex rel. Terence Sasaki, relator, Plaintiff v. New York University Medical Center and New York University School of Medicine, Defendants, 05 Civ. 6163 (LMM)(HBP)
Medical Resident Terminated Due to Poor Performance; False Claims Act Suit Dismissed
U.S. District Court, Southern District
NYLJ Decision of Interest
Tahir Mahmood, Plaintiff v. Research in Motion Ltd., Defendant, 11 Civ. 5345 (KBF)
Patent Inventorship Claim Concerning 'BlackBerry' E-mail Application Survives
U.S. District Court, Southern District
NYLJ Decision of Interest
Sunnyside Development Company, LLC, Plaintiff v. Chartis Specialty Insurance Company, Defendant, 10 Civ. 3707 (PAC)
Court Finds Property Damage a Result Of 'Pollution Condition' as Defined in Policy
District Court, Nassau County, L&T Part
NYLJ Decision of Interest
19 Steven Lane Corporation, Petitioner(s) v. Jason Kovar aka Jason S. Kovar, Manda Kovar, Respondent(s), LT-005290-11
Landlord Lacks Standing to Maintain Non-Payment Proceeding
Supreme Court, Queens County, IAS Part 34
NYLJ Decision of Interest
Bibi Singh, Plaintiff v. Adam J. Edelstein, Esq., Defendant, 18157/11
Client's Malpractice Claim Against Former Attorney Found Time-Barred
Civil Court, Kings County, Part 5
NYLJ Decision of Interest
Wei-Hua Wu, Claimant(s)/Plaintiff(s)/Pettitioner(s) v. Bidaly Sanchez; J & J Doe, Defendant(s)/Respondent(s), 073319/10
Court Rejects Landlord's Motion to Recover His Rent-Stabilized Unit for Personal Use
Supreme Court, New York County, IAS Part 2
NYLJ Decision of Interest
John P. Corrieri and Paul Corrieri, Individually and as Co-Executors of the Estate of John A. Corrieri, Plaintiff v. Schwartz & Fang, P.C., Stephen Schwartz, Esq. and Neil B. Fang, Esq., Defendants, 118251/2009
Attorneys Lose Bid to Disqualify Ex-Clients' Lawyer, Obtain Privileged Discovery
Supreme Court, New York County, Part 7
NYLJ Decision of Interest
Tyrone Baldwin, Plaintiff v. David Heller, Hermine Heller, C N Renovation Co., Inc., Defendants, 100627/10
Triable Issues of Fact Preclude Dismissal of Third-Party Complaint
Supreme Court, New York County, Part 19
NYLJ Decision of Interest
David Rebibo, Avner Nebel, and Christine Healey, on behalf of themselves and all others similarly situated, Plaintiffs v. Axton Owners, Inc., Defendant, 105995/2010
Owner Denied Dismissal of Complaint Over Rents Overcharged Before 'Roberts'
Supreme Court, Kings County, Part 76
Matter of Delores Perkins, 10XXX/00
Despite Misuse of Funds, Judge Allows Relative to Continue as Paid Guradian
Appellate Division, First Department
VOOM HD Holdings LLC v. EchoStar Satellite L.L.C., 600292/08
State Panel Adopts 'Zubulake' in Faulting Handling of E-Mails
U.S. District Court, Southern District
In Re Bear Stearns Companies, Inc., 08 MDL No. 1963
Plaintiff Attorneys Told to Disclose Witness Identities in Bear Stearns Case
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