This Week's Decisions
Appellate Division Second Department
Aurora Loan Servs., LLC v. Sookoo, 1043/08
Wednesday, February 22, 2012
Panel Reinstates Foreclosure Action, Assigns to New Judge
U.S. Court of Appeals, Second Circuit
US v. Norman Hsu, 09-4152-cr
Circuit Rules Ponzi Promises Properly Considered for Sentence
U.S. District Court, Southern District
NYLJ Decision of Interest
TAGC Management, LLC, a Nevada Limited Liability Company, TAGC I, LLC, a Nevada Limited Liability Company, and Total Access Global Capital, LLC, a Texas Limited Liability Company, Plaintiffs v. Edward Eugene Lehman, an individual, Karolina Lehman, an individual, Scott Garner, an individual, Lehman, Lee & XU Limited, a Hong Kong Corporation, Home & Garden Limited, a Hong Kong Corporation, Lehman, Lee & XU Patent and Trademark Agents Limited, a Hong Kong Corporation, Lehman, Lee & XU Corporate Services Limited, a Hong Kong Corporation, Lehman, Jones & Partners (HK) Limited, a Hong Kong Corporation, Lehman CGS Limited, a Hong Kong Corporation, Lehman & Co Management, Ltd., a British Virgin Islands Company, and Does 1-10 Inclusive, Defendants, 10 Civ. 6563 (RJH)
Court Explains Lack of Jurisdiction Over Entities Served at Shared Park Avenue Office
New York State Court of Appeals
Matter of Dolores Sedacca v. Kelly, No. 16
Nassau County Executive Did Not Have the Authority to Dismiss Members of Assessment Review Commission
New York State Court of Appeals
Eastside Exhibition Corp. v. 210 East 86th Street Corp., No. 21
Court Rejects Tenant's Move for Total Abatement of Rent Over Partial Eviction
New York State Court of Appeals
Dahar v. Holland Ladder & Manufacturing Company, No. 23
Judges Declined to Extend Scaffold Law to Falls While Cleaning Goods Before Shipping
New York State Court of Appeals
Posner v. Lewis, et al., No. 7
No Privilege Found for Instigating Complaints Against Nontenured Teacher
New York State Court of Appeals
Matter of Orange County Comm. of Finance v. Helseth, Index 9
Due Process Violated by County's Notification Procedure in Tax Lien Foreclosure
U.S. District Court, Southern District
NYLJ Decision of Interest
Jordan Roberts, an infant under the age of 14 years, by his mother and natural guardian, Sandra Phillip, and Sandra Phillip, individually, Plaintiffs v. Happiness Is Camping Inc., Defendant, 10 Civ. 4548 (BSJ) (JCF)
Minor's Claims Against New Jersey Camp Not Barred by Charitable Immunity Law
U.S. District Court, Southern District
NYLJ Decision of Interest
Eduardo Serafin Fernandez Jiminian, Petitioner v. United States of America, Respondent, 99 Cr. 968 (TPG)
Alien Facing Deportation Loses Bid to Serve Sentence Remainder Under Home Detention
U.S. District Court, Southern District
NYLJ Decision of Interest
Eileen Iyer, Petitioner v. The United States of America, Respondent, 06 Cr. 758, 08 Civ 10455(PAC)
Embezzler Denied §2255 Relief Removing Sentence Enhancement Based on 50 Victims
U.S. Court of Appeals, Second Circuit
NYLJ Decision of Interest
Aries Arditi, Plaintiff-Appellant v. Lighthouse International, Defendant-Appellee, 11-423-cv
Pension Rights Found to Have Arisen Under Plan; Breach Claims Preempted by ERISA
City Court, Westchester County
NYLJ Decision of Interest
James Fizzinoglia, Petitioner-Landlord v. Louis Capozzoli and Maritza Capozzoll, Respondents-Tenants, SP 4475-10
No Constructive Trust if Consideration For Transfer of Premises Is Received
Supreme Court, Nassau County, Trial Term Part 22
NYLJ Decision of Interest
Patrick Vahey, Plaintiff v. Sandra Vahey, Defendants, 200434/11
Claim of Cruel, Inhuman Treatment Fails to Specify Time, Place of Misconduct
Supreme Court, New York County, Part 1
NYLJ Decision of Interest
Versadial, Inc. and Innopump, Inc., Plaintiffs v. Geoffrey Donaldson, Matthew Harriton, JBCP-24 LLC, Variblend Dual Dispensing Systems, LLC, J. Burke Capital Partners, SEA Change Group, LLC and Gerhard Brugger, Defendants, 11974/10
Directors Attempted in Good Faith to Locate Investors That Later Defaulted on Loan
Supreme Court, Queens County, IA Part 6
NYLJ Decision of Interest
Dolores Francis, Plaintiff v. Atlantic Infiniti, Ltd., Defendant, 19953/06
Time Supervising Inexperienced Associate Is Duplicative, Not Subject to Legal Fees
Supreme Court, New York County, Criminal Term Part 35
NYLJ Decision of Interest
People of the State of New York, Plaintiff v. George McLoyd, Defendant, 1331/11
Bystander's Motion to Suppress Weapon Is Granted Over Forcible Detention
Appellate Division, Second Department
Matter of Dorcas Peralta v. Thomas Irrizary, 2011-06701
Judge Is Removed in Dispute Over Grandmother Visitation
Supreme Court, New York County, IAS Part Three
NYLJ Decision of Interest
Due Pesci Inc. d/b/a Agent R.E.D. International, Plaintiff v. Threads for Thought, LLC a/k/a Threads 4 Thought Inc., and Sustainable Apparel Group, LLC a/k/a Sustainable Apparel Group Inc., Defendants, 651879/10
Garment Seller Sufficiently Pleads Breach Of Contract, Tortious Interference Elements
Disciplinary Proceeding, Appellate Division, First Department
Matter of James W. Margulies, (admitted as James Warren Margulies), an attorney and counselor-at-law, M-5482
Tuesday, February 21, 2012
Disciplinary Proceeding, Appellate Division, Second Department
Anthony Okechukwu Onua, an attorney and counselor-at-law, resignor, D33729
Disciplinary Proceeding, Appellate Division, Second Department
Matter of Kevin J. Gilvary, admitted as Kevin James Gilvary, an attorney and counselor-at-law, D33809
Appellate Division, Third Department
New York State Thruway Authority v. Fenech, 512512
Shifting Course, Panel Permits Service by Mail to Foreign Parties
Supreme Court, Westchester County
D.W. v. R.W.
Ex-Wife's 'Thirst for Litigation' Over Divorce Leads to Sanction
Appellate Division, Second Department
Miller v. Theodore-Tassy, 7593/08
Educator's Bid to Sue Colleague Rejected by Panel
U.S. District Court, Western District
NYLJ Decision of Interest
Buffalo Teachers Federation, Plaintiffs v. Richard Tobe, Defendants, 04-CV-457S
Refusal to Reopen Constitutional Challenge To Cancellation of Teachers' Raises Explained
U.S. District Court, Southern District
NYLJ Decision of Interest
UTC Fire & Security Americas Corp., Inc., Plaintiff v. NCS Power, Inc., Defendant, 10 Civ. 6692 (LTS)(THK)
Long-Arm Jurisdiction Found to Exist Over Hong Kong Battery Supplier
U.S. District Court, Southern District
NYLJ Decision of Interest
Norman Mactas Ackerman, Plaintiff v. John Herbert Ackerman, Defendant, 10 Civ. 6773 (JGK)
Father's Suit to Impose Trust on Proceeds Of Son's Sale of Brownstone Found Untimely
U.S. District Court, Southern District
NYLJ Decision of Interest
In Re 650 Fifth Avenue and Related Properties, 1:08-cv-10934-RJH
Court Stands by Its Order That Claimants Lack Right Against Self-Incrimination
Bankruptcy Court, Southern District
NYLJ Decision of Interest
In re: Lear Corporation, et al., Reorganized Debtors, 09-14326 (ALG)
Bankruptcy Court Should Not Hear Antitrust Claims After Reorganization's Effective Date
Family Court, Oneida County
NYLJ Decision of Interest
In the Matter of L., Petitioner v. K., Respondent
Father's Intention Disregard of Order Ruled Willful Violation of Parental Access
Supreme Court, Kings County, IAS Term, Part Comm-1
NYLJ Decision of Interest
Orchard Hotel, LLC, Plaintiff v. Ben Zhavian, Defendant, 15013/11
Foreclosure Action Cannot Be Maintained To Recover Judgment Without Leave of Court
Supreme Court, New York County, Part 1
NYLJ Decision of Interest
Merrill Lynch/WFC/L, Inc. and Brookfield Financial Properties, Plaintiffs v. Continental Casualty Company, AIU Insurance Company, American Building Maintenance Co., and ABM Engineering Services Company, (pertaining to the action entitled Shairin Torres v. Merrill Lynch/WFC/L, Inc., et al. and third party action), Defendants, 116605/07
Fact Issues Exist Over Who Is Liable for Defense Costs
Supreme Court, New York County, Part 59
NYLJ Decision of Interest
July Fernandez, Plaintiff v. Stockbridge Homes, LLC, Stratis Builders, LLC and Harc Maintenance & Contracting Corp., Defendants, 402886/08
Jump From Wall, Failure to Use Safety Equipment May Have Caused Injuries
Supreme Court, New York County, Part 35
NYLJ Decision of Interest
Deer Consumer Products, Inc., Plaintiff v. Alfred Little, John Doe #1-10, and Seeking Alpha, LTD., Defendants, 650823/2011
Online Activities Ruled Not 'Transaction Of Business' in New York
Supreme Court, New York County, IAS Part Three
NYLJ Decision of Interest
UBS Securities LLC, Plaintiff v. Angioblast Systems, Inc., Defendant, 650062/2011
Fraud Claim Dismissed; Company Cannot Be Compensated for What it Might Have Gained
New York State Court of Appeals
RECAP, Inc. v. School District of Middletown, Index 10
Friday, February 17, 2012
New York State Court of Appeals
People &c. v. Mickey Cass, Index 13
Court Properly Allowed Testimony on Prior Uncharged Killing Against Defendant
New York State Court of Appeals
Mirvish v. Mott, &c., et al., Index 5
Judges Reverse Panel, Find Widow Improperly Gifted Sculpture to Artist's Longtime Friend
Supreme Court, New York County, Part 25
NYLJ Decision of Interest
In the Matter of the Application of London Terrace Associates, L.P., Petitioner v. New York State Division of Housing and Community Renewal, Respondent and Four Corners Tenants Association, Intervenor-Respondent, 103341/11
Maintenance Payments Paid to Co-op Instead of Rent Paid by Tenants Considered Income
U.S. District Court, Western District
Ceglia v. Zuckerberg, 10-CV-00569A(F)
Judge Says New Yorker Owes Facebook Lawyers $76,000
U.S. District Court, Western District
NYLJ Decision of Interest
Jacob Gruber and Lynn Gruber, Plaintiffs v. Erie County Water Authority, et al., Defendants, 10-CV-388S
Allegations Make It Plausible Defendants Acted With 'Reckless Indifference'
U.S. District Court, Southern District
NYLJ Decision of Interest
Katerina Plew, Plaintiff v. Limited Brands, Inc., Intimate Brands, Inc., Limited Brands Store Operations, Inc., Victoria's Secret Stores Brand Management, Inc., Victoria's Secret Direct Brand Management, LLC and Victoria's Secret Stores, LLC, Defendants, 08 Civ. 3741 (LTS)(MHD)
Plaintiff Is Prevented From Using Pejorative Terms in Infringement Suit
U.S. District Court, Southern District
NYLJ Decision of Interest
Copape Produtos De Pétroleo LTDA., Plaintiff v. Glencore LTD., Defendant, 11 Civ. 5744 (LAK)
Arbitration Clause Is Incorporated Into Contract, Absent Plaintiff's Objections
U.S. District Court, Southern District
NYLJ Decision of Interest
David Matiella, Plaintiff v. Directv, Inc., Defendants, 11 Civ. 02458 (RJH)
Suit Is Remanded to State Court; Retirement Program Ruled Not ERISA Plan
U.S. District Court, Southern District
NYLJ Decision of Interest
Freedom Investors Corporation, Plaintiff v. Kahal Shomrei Hadath and Sydney V. Pinter, Defendants, 11 Civ. 5975 (DLC)
Court Confirms Arbitration Award Of $183,724 in Favor of Broker-Dealer
U.S. Court of Appeals, Second Circuit
Baker v. Goldman Sachs & Co., et al., 11-1591-cv
Reporter Protected From Deposition by Shield Law
Supreme Court, Kings County, Part 59
NYLJ Decision of Interest
Iris Fried, as guardian of the person and property of Shlomit Fried, Iris Fried, individually, and Uri Fried, Plaintiffs v. Signe Nielsen, Landscape Architect, PC, Han-Padron Associates, LLP., Han-Padron Associates, LLC., Han-Padron Associates Consulting Engineers, PLLC., Padron Associates, Inc., Defendants, 28770/02
Pier Designers Owed Duty to Motorists, Pedestrians to Use Reasonable Care
Supreme Court, Bronx County
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Mark Jurgins, Defendant, 02923-08
Defendant's D.C. Conviction Constitutes Predicate Felony Under New York Law
U.S. District Court, Eastern District
Favors v. Cuomo, 11-cv-5632
Judge Urges Creation of Panel to Review Redistricting
Supreme Court, New York County
NYLJ Decision of Interest
Ana Paula Tavares and Andrew Rosen, Plaintiffs v. Robert Perl, Judith Perl and Sylvia Bullett, Defendants, 113556/09
Fact Issue Exists Whether Failure to Listen To Rider's Requests Increased Risk of Injury
Supreme Court, New York County, Part 8
NYLJ Decision of Interest
Yevgeny Shikhman, Plaintiff, v. Plaza West Associates, LLC and ESM Construction Corp., Defendants, 103095/09
Fact Issue Exists Whether Beam Was Properly Secured or Was Pushed by Co-Worker
Supreme Court, New York County, Part 17
NYLJ Decision of Interest
WEXA1 HBV, as Assignee of Hudson Valley Bank, Plaintiff v. 6 W 37 ST Realty LLC, Lawrence Omansky, Nicolena Natoli Omansky, the Board of Managers of the Dragon Estates Condominium, Environmental Control Board of the City of New York, New York City Parking Violations Bureau, et. al., Defendants, 810118/10
Assignee Fails to Show Guarantees Were Assigned With Note, Mortgage
Supreme Court, Westchester County
NYLJ Decision of Interest
In the Matter of the Application of Natural Resources Defense Council, Inc., Riverkeeper, Inc., Waterkeeper Alliance, Inc., Soundkeeper, Inc., Save The Sound, Peconic Baykeeper, Inc., Hudson-Raritan Baykeeper, Inc. (d/b/a NY/NJ Baykeeper), and Hackensack Riverkeeper, Inc., Petitioners For a Judgment Pursuant to Article 78 of the CPLR and a Declaratory Judgment Pursuant to Section 3001 of the CPLR v. The New York State Department of Environmental Conservation, Respondent, 16132/10
Thursday, February 16, 2012
Portions of State Storm water Permit Are Ruled Defective
Supreme Court, Kings County, IAS Term, Part NJTRP
NYLJ Decision of Interest
MMAL Corp., Plaintiff v. George Edrich, individually and as Executor of the Estate of Ester Edrich, et al., Defendants, 4446/06
Referee Went Beyond Scope of His Interest In Determining Default Rate of Interest
Supreme Court, Kings County, Part 1
NYLJ Decision of Interest
Ronald Mizrahi, individually and as a 50 percent member of and in the right of 372-376 Avenue U Realty LLC, a New York limited liability company, Plaintiffs v. Ezra Cohen, Defendant, 3865/10
Dissolution of LLC Is Warranted as Managing Member Misappropriated 'Loaned' Funds
Supreme Court, New York County, IAS Part 21
NYLJ Decision of Interest
Global Technology, Inc., Petitioner v. Royal Bank of Canada, Respondent, 150151/2011
Serving Notice on New York Branch Does Not Restrain Canadian Accounts
Supreme Court, New York County, Part 11
NYLJ Decision of Interest
Winston & Strawn, LLP, Plaintiff v. Vulcan Capital Management, Inc., d/b/a Vulcan Capital Management, Defendants, 600022/09
Winston & Strawn's Claim Proceeds Against Client Over Unpaid Invoices
U.S. District Court, Southern District
NYLJ Decision of Interest
United States of America, Plaintiff v. Chad Elie and John Campos, et al., Defendants, S3 10 Crim. 0336 (LAK)
Judge Explains Refusal to Dismiss Indictment Against Online Poker Operation Participants
U.S. District Court, Southern District
NYLJ Decision of Interest
Patrick Guillaume, Petitioner v. Wayne Muller Office of Detention and Removal for U.S. Immigration and Customs Enforcement; William Joyce, Assistant Field Office Director, Office of Detention and Removal for U.S. Immigration and Customs Enforcement; Chrisopher Shanahan, New York Field Office Director for the Office of Detention and Removal for U.S. Immigration and Customs Enforcement; Shaun Golden, Sheriff of Monmouth County Correctional Facility; Janet Napolitano, Secretary of Homeland Security; Eric Holder, Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents, 11 Civ. 8819 (TPG)
Alien Need Not Be Taken Into Immigration Custody Immediately After Release From Jail
U.S. District Court, Southern District
NYLJ Decision of Interest
In Re: Motor Liquidation Company, et al., f/k/a General Motors Corp., et al., Debtors, 11 Civ. 7893 (DLC)
Bankruptcy Court Properly Subordinated GM Worker's Fraud Claims Over 401(k) Plan
U.S. Court of Appeals, Second Circuit
NYLJ Decision of Interest
Milton Garbutt, Petitioner-Appellant v. James T. Conway, Respondent-Appellee, 10-1039-pr
Evidence Ruled to Support Conviction For Depraved Indifference Murder
Supreme Court, New York County, IAS Part 36
NYLJ Decision of Interest
Cactus 4, LLC, Praetorian Insurance Company and Technology Insurance Company, Inc., as Subrogees of Cactus 4 Properties, LLC d/b/a Cactus 4, LLC, Plaintiffs v. Maya Swisa, Maxine Swisa, Allison Margetson and Christopher Sobel, Defendants, 111093/09
Negligence Allegations Improperly Presume Breach, Causation Without Proof of Either
Appellate Division, Third Department
NYLJ Decision of Interest
In the Matter of Association for Community Living, Inc., et al., Appellants v. New York State Office of Mental Health et al., Respondents, 512744
'Medicaid Exempt Income' Recoupment Policy Did Not Require Formal Rule
Supreme Court, New York County, Part 3
Due Pesci v. Sustainable, 651879/10
Court Rejects Affiliation as Defense in Contract Suit
Appellate Division, First Department
Mayfield v. Evans, 402836/10
Judges Reject Unilateral Reincarceration Decision for Parole Violations
U.S. District Court, Southern District
Bentley v. Dennison, 11 Civ. 1056
Prison Officials Denied Immunity for Supervision Orders
New York State Court of Appeals
Yenem Corp. v. 281 Broadway Holdings, et al., Index 1
Wednesday, February 15, 2012
Property Owner Absolutely Liable for Damages to Neighboring Property Due to Excavation
New York State Court of Appeals
Kahn v. New York City Department of Education et al., Index 25
Probationary Employees May Seek Article 78 Relief Without Exhausting DOE Options
New York State Court of Appeals
In the Matter of Terrace Court, LLC v. New York State Division of Housing and Community Renewal, Index 2
Landlord May Increase Rent on Rent-Stabilized Units for Capital Improvements, Exempting Some
New York State Court of Appeals
The People &c. v. Gilberto Sosa, Index 31
Court Clears Path for Some to Resentencing Under Rockefeller Drug Laws
Most Viewed Articles
-
Mizrahi v. Cohen
-
- Subscription Required
-
-
In the Matter of L. v. K.
-
- Subscription Required
-
-
Deer Consumer Products Inc. v. Little
-
- Subscription Required
-
-
Global Technology Inc. v. Royal Bank of Canada
-
- Subscription Required
-
-
Orchard Hotel LLC v. Zhavian
-
- Subscription Required
-
