This Week's Decisions
Disciplinary Proceeding, Appellate Division, Second Department
Matter of Cusack, D35005
Friday, May 18, 2012
Attorney Suspended for Four Years for Abdicating Role to Paralegal
Supreme Court, Nassau County, Trial/IAS, Part 1
Farid Dallal, Plaintiff v. Michael Perez, Defendant, 14249/11
U.S. District Court, Northern District
NYLJ Decision of Interest
William Hnatko, Plaintiff v. The Langston Corporation, Sun Automation Group, Barry-Wehmiller Companies, Inc., Langston21 LLC, Dufrene Machinery, Inc. and XYZ Corporation, a Fictitious Name, True Name Unknown, Party Intended Being the Manufacturer of and/or Successor in Interest to the Business Entity(ies) Which Manufactured Certain Industrial Safety Devices, Including Devices Described Herein, Defendants, 5:10-CV-991
Compensation Is Injured Employee's Sole Remedy; Claims Against Employer Dismissed
U.S. District Court, Eastern District
NYLJ Decision of Interest
Joseph S. Barbagallo, Plaintiff v. Marcum LLP and John Doe Nos. 1-9, Defendants, 11-CV-1358
Accountant Must Reimburse Cost to Defend Against Dismissed Unjust Enrichment Claim
U.S. District Court, Southern District
NYLJ Decision of Interest
In re: The Great Atlantic & Pacific Tea Company, Inc., et al., Debtors, 11-CV-5888
Bankruptcy Court Order Granting A& P's Motion to Assume Leases Is Affirmed
U.S. District Court, Southern District
NYLJ Decision of Interest
Alfonso Portillo, Petitioner v. Preet Bharara, U.S. Attorney for the Southern District of New York, Respondent, 11 Cv. 3479 (RPP)
Guatemala's Former President Denied Habeas Relief From Indictment, Extradition
U.S. Court of Appeals, Second Circuit
Johnson v. Killian, 10-4651-pr
Panel Reinstates Muslim Inmates Suit Over Prayer
Appellate Term, First Department
Fort Washington Holdings, LLC v. Abbott, 570049/11
Verdict Is Reinstated in Apartment Succession Case
Appellate Division, First Department
Gordon v. Kadet, 106645/06
Dismissal of Lawyer's Suit Against Skadden Is Upheld
Supreme Court, Nassau County, Trial/IAS, Part 1
NYLJ Decision of Interest
Kontakt US International, Inc., Plaintiff v. Tureks, Inc., Defendant, 22469/08
Reargument, Renewal of Decision Permitting Company to Add Another Defendant Is Denied
U.S. District Court, Southern District
David Floyd v. NYC, 08 Civ. 1034
Faulting City's 'Cavalier Attitude,' Judge OKs Stop-and-Frisk Class
Criminal Court, Richmond County
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Sebastian Latalski, Defendant, 2003RI005021
Despite Counsel's Silence of Immigration Consequences, Court's Warnings Sufficient
U.S. District Court, Southern District
In Re: Bank of America Corp. Securities, 09 MD 2058
Objectors to Settlement Must Wait to Make Their Case, Judge Says
Surrogate's Court, Queens County
NYLJ Decision of Interest
In the Matter of the Petition of James N. Scola, Administrator of the Estate of Stephen J. Scola, a/k/a Stephen Scola, against the Estate of Lucille Scola a/k/a Lucille P. Scola, Deceased, To Determine the Validity of the Claim of James N. Scola against the Estate of Said Deceased., 2010-4376/B
Separation Agreement Did Not Alter Couples' Ownership of Property as Tenants by Entirety
U.S. District Court, Southern District
Hedges v. Obama, 12 Civ. 331
Ruling Blocks Aspect of Anti-Terror Detention Law
Supreme Court, New York County, Part 19
NYLJ Decision of Interest
Metro-North Commuter Railroad Company and The Metropolitan Transit Authority, Plaintiffs v. Empire City Subway Company (Limited), Defendant, 403103/2006
MTA Shows Entitlement to Declaration That Utility Is Responsible for Vault Repairs
Supreme Court, New York County, Part 40 B
NYLJ Decision of Interest
In the Matter of the Application of QBE Insurance Corporation by their t/p/a Country Wide Management Services, Petitioner(s) v. For an Order Staying the Arbitration Demanded by Simon Olivares, Respondent(s) -and- Leroy Burney, "John Doe" & Allstate Insurance Company, Proposed Additional Co-Respondents, 113827/11
Issues of Fact Raised Referred to Special Referee Staying Demanded Arbitration
U.S. District Court, Southern District
In Re: Electronic Books Antitrust Litigation, 11 MD 2293
'Ample Allegations' Allow Suit to Proceed Over eBook Pricing
Supreme Court, New York County, Part 10
NYLJ Decision of Interest
Stanley Flaster and Dorothy Flaster, Plaintiff(s) v. Acquapazza, Inc. d/b/a Anthos Restaurant, Defendant(s), 102871-10
Application of Res Ipsa Loquitor Doctrine Denies Restaurant Summary Judgment
Appellate Division, Third Department
NYLJ Decision of Interest
In the Matter of County of Albany et al., Appellants v. Hudson River-Black River Regulating District et al., Respondents, 512751
District Failed to Deduct Reservoirs' Benefits To State Before Apportioning Remaining Costs
Supreme Court, Kings County, Part 2
The People v. Patricio Dawson, 7085/2010
Thursday, May 17, 2012
Judge Explains Exclusion of Males in Audience at Gang-Related Trial
Appellate Division, Third Department
The Matter of Kilbride v. NY State Comptroller et al., 513749
Panel Rejects Court Officer's Bid for Accidental Disability Retirement Benefits
U.S. District Court, Southern District
Chevron Corp. v. Donziger, 11 Civ. 0691 (LAK)
Chevron's Motion for Order of Attachment Against Defendants Denied
U.S. District Court, Northern District
In re: Muhasen I. DEB, 11-30951-5-mcr
Bankruptcy Filing Does Not Cancel Contempt Fine, Judge Decides
U. S. District Court, Southern District
NYLJ Decision of Interest
Marvin Pollack, Plaintiff v. Howard Holanchock, Former Director of MHFCP; Michael Hogan, Commissioner of OMH; and Peggi Healy, Director of MHFPC, Defendants, 10 CV 2402
Mental Health Facility Denied Judgment In Suit Over Access to Law Library
U.S. District Court, Eastern District
NYLJ Decision of Interest
Ronald Riccio, Plaintiff v. The State of New York, the County of Suffolk, and Jane Solton (Probation Officer), Defendants, 08-CV-1588
False Arrest, Malicious Prosecution Claims Dismissed; Juror Could Find Probable Cause
Supreme Court, New York County, IAS Part 21
NYLJ Decision of Interest
Mike Pantelis, Plaintiff v. Koch Skanska and Triborough Bridge and Tunnel Authority, Defendants, 401598/09
Photos Not Previously Produced Precluded, But Independent Witness Testimony Allowed
Appellate Division, Third Department
NYLJ Decision of Interest
In the Matter of Salvatore Cascino et al., Petitioners v. Judges of the Albany County Court et al., Respondents and Eric T. Schneiderman, Respondent, 511502
Separate Crimes in Albany Ruled Not Double Jeopardy After Acquittal in Columbia County
Appellate Division, Third Department
NYLJ Decision of Interest
In the Matter of Chenango Forks Central School District, Petitioner v. New York State Public Employment Relations Board et al., Respondents, 512983
District Had Duty to Negotiate About Change To Past Practice Affecting Retirees' Benefits
Supreme Court, Bronx County, Part IA3
NYLJ Decision of Interest
Michael Cuadra and Doreen Cuadra, Plaintiffs v. The City of New York and Xavier Perez, Defendants, 305062/10
Comparative Fault Inapplicable to Actions Brought Under General Municipal Law §205-e
Civil Court, Bronx County, Part 41
NYLJ Decision of Interest
Jacob Nir, MD, a/a/o Alla Berezovskaya, Plaintiff v. Government Employees Insurance Co, Defendant, 086233/07
Court Finds Excuse for Untimely Filing Of Proof of Claim Is Not Clear, Reasonable
Civil Court, Kings County, Commercial Part 52
NYLJ Decision of Interest
Fortune JD LLC, Petitioner/Landlord v. Samuel John, Inc a/k/a Samuel John Furniture Inc Respondent/Tenant John Romano, Karen Zieff, John Doe and/Or Jane Doe, and XYZ Corp Respondents-Undertenants-Occupants, 82860/11
Court Defers to Board Whether Premises Is Protected by Loft Law
Civil Court, Richmond County
NYLJ Decision of Interest
Centurion Capital Corp., Plaintiff v. Anna Guarino, Defendant, 11117/05
Court Rejects Assignment of Judgment, Stays Action Until Defects Are Corrected
Supreme Court, Suffolk County, I.A.S. Part 34
NYLJ Decision of Interest
Louis Capersino and Doreen P. Capersino, Plaintiffs v. Beth Gordon and Brigita Gordon, Defendants, 09-5491
Homeowner Has Right of Passage, Not Right In Physical Passageway of Easement
U. S. District Court, Southern District
NYLJ Decision of Interest
Larry Marshak, Plaintiff v. Katherine Schaffner, et al., Defendants, 11 CIV. 1104
Junior User Could Not Develop Common Law Rights to Unabandoned 'Marvelettes' Mark
U.S. District Court, Southern District
Chevron Corp. v. Donziger, 11 Civ. 0691 (LAK)
Chevron Racketeering Suit Proceeds Against Attorney
Disciplinary Proceeding, Appellate Division, Second Department
Matter of Michael R. Gidro, admitted as Michael Robert Gidro, an attorney and counselor-at-law, D34990
Wednesday, May 16, 2012
Supreme Court, Westchester County, Compliance Part
NYLJ Decision of Interest
Evelina Runco and Marcello Runco, Plaintiffs v. Martin G. Wertkin, Michael Lebowitz, Donna Scuderi, Robert Mackey, Hudson Valley Radiology Associates, PLLC and Central Imaging Associates, PLLC, Defendants, 13962/10
Videotaping Deposition of Terminally Ill Plaintiff Permitted as No Prejudice Shown
Family Court, Kings County
NYLJ Decision of Interest
In the Matter of Victoria W. and Karen B. Persons Alleged to be Juvenile Delinquents, Respondents, D-29783-11
Evidence in Separate Cases Insufficient To Show Juveniles' Intent to Resist Arrest
Civil Court, Kings County, Part F
NYLJ Decision of Interest
Barbara Schwimer, Petitioner v. Sonia Peretz a/k/a Perez et al., Respondents, 70638/2011
Court Finds Premises Is Rent-Regulated, Dismisses Holdover Proceeding
Supreme Court, Kings County, Part 59
NYLJ Decision of Interest
Shamsun Nahar, Plaintiff v. Angelo Socci, Loretta Socci and Citigroup, Inc., Defendants, 7424/09
Lessee Did Not Breach Duty in Trip, Fall Accident on Abutting Sidewalk
Supreme Court, New York County, Part 40 B
NYLJ Decision of Interest
In the Matter of the Application of the Prudential Insurance Co. of America, Petitioner For Judgment Pursuant to Article 78 of the Civil Practice Law and Rules v. James J. Wrynn, in his official capacity as Superintendent of Insurance, Respondent, 102267-2011
Prudential Denied Annulment of Decision Denying Refund, Credit for Retaliatory Tax
Supreme Court, Suffolk County, Part 33
Lloyd Macklowe and Barbara Macklowe, Plaintiffs v. The Trustees of the Freeholders and Commonality of the Town of East Hampton, Defendant, 8740-08
U.S. District Court, Western District
NYLJ Decision of Interest
Eastman Kodak Company, Plaintiff v. Collins Ink Corporation, Defendant, 11-CV-6513L
Ink Supplier's Bid to Compel Production From Kodak Precluded by Bankruptcy Stay
U.S. District Court, Northern District
NYLJ Decision of Interest
Adirondack Cookie Company Inc., doing business as Corso's Cookies, Plaintiff v. Monaco Baking Company, Defendant, 5:11-cv-1048
No Controversy, 'Competitive Injury' in Suit For Declaration on False Marking Breach
Supreme Court, Suffolk County, Part 47
NYLJ Decision of Interest
State of New York Mortgage Agency, Plaintiff v. Jacqueline F. Vaccerino, and "John Doe #1" through "John Doe #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the Mortgage premises described in the Complaint, Defendants, 15445/2010
State Agency Ordered to Produce Alleged V.P. Amid Allegations of Robo-Signing
U.S. District Court, Southern District
Saul Antonio Paez, Petitioner v. United States of America, Respondent, 11 CV 2688 (HB)
Heroin Distribution Conspirator Benefitted, Was Not Prejudiced, By Attorney's Assistance
U.S. District Court, Southern District
NYLJ Decision of Interest
Gold & Rosenblatt, LLC, Plaintiff v. JP Morgan Chase Bank, N.A., Defendant, 12 Civ. 00192
Bulk of 'Luna' Factors Favor Jury Trial Despite Failure to Timely Serve Demand
U.S. District Court, Southern District
NYLJ Decision of Interest
Bernard Belair, Plaintiff v. MGA Entertainment, Inc., and Mattel, Inc., Defendants, 09 Civ. 8870
Party Denied Legal Fees Under Copyright Act Despite Judgment on Infringement Claim
U.S. District Court, Western District
In Re: Air Crash Near Clarence Center, 09-md-2085
Bid to Evade Fine, Creditor's Legal Fees Through Bankruptcy Rebounds on Debtor
U.S. District Court, Eastern District
USA v. Garth Peterson, 12-CR-224
Tuesday, May 15, 2012
Settlement Approved Between SEC, Ex-Morgan Stanley Exec
Appellate Division, First Department
Terzo v. The Hospital for Special Surgery, 111839/09
Panel Rejects Discovery of Plaintiff's HIV and Drug Use History
U.S. Court of Appeals, Second Circuit
City of Omaha, Neb. Civilian Emps.' Ret. Sys. v. CBS Corp., 11-2575-cv
CBS Prevails Over Claims by Shareholders
U. S. District Court, Southern District
NYLJ Decision of Interest
AMBAC Assurance Corporation, Plaintiff v. Adelanto Public Utility Authority, Defendant, 09 Civ. 5087
Order Limiting Deposition Partly Denied In Suit Alleging Swap Agreement's Breach
U. S. District Court, Southern District
NYLJ Decision of Interest
Richard C. Olivadoti, Plaintiff v. 290 Riverside Co., LLC, Defendant, 12 Civ. 386
OSHA, TSCA Do Not Provide Jurisdiction In Tenant's Lawsuit Over Toxic Exposure
Supreme Court, Westchester County
NYLJ Decision of Interest
In the Matter of the Application of American Independent Paper Mills Supply Co., Inc., Petitioner(s) v. The Assessor of the Village of Tarrytown, the Board of Review of the Village of Tarrytown, Respondent(s), 7943/2007
Challenge to Assessments of Petitioner's 2007 Tax Year Denied as Abandoned
County Court, Suffolk County
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Ruben Martinez, Defendant, 02083/2006
Unsubstantiated Assertions Insufficient; Level III Sex Offender Designation Remains
Supreme Court, Queens County, IAS Part 14
NYLJ Decision of Interest
Catherine L. Molino, et ano., Plaintiffs v. The Sagamore, etc., Defendant, 22721 2011
Agreement With Forum Selection Clause Unenforceable, Contract of Adhesion
Criminal Court, Kings County, Part AP 2
NYLJ Decision of Interest
The People of the State of New York, Plaintiff v. Tyrell A. Byrd, Defendant, 2012KN006199
Requirements of 'Dryden' Unsatisfied; Superceding Information Facially Insufficient
Supreme Court, New York County, Part 2
NYLJ Decision of Interest
Eleanor Wolf, Plaintiff v. Metropolitan Property and Casualty Insurance Company, Defendants, 100016/10
Insurer's Late Answer Without Reasonable Excuse Grants Insured Default Judgment
Supreme Court, New York County, Part N
The People of the State of New York, Plaintiff v. Augustin Noriega, Defendant, SCI 1776/92
Supreme Court, New York County
NYLJ Decision of Interest
Pierre Bernard, Plaintiff v. Cabrini Medical Center, Rick Sayegh, M.D., Daniel Rahman, M.D., Sebastiano Cassaro, M.D., And "John Doe," Defendants, 111756/2006
General Release Did not Apply to Individual Physicians not Named in Settlement
U.S. District Court, Eastern District
NYLJ Decision of Interest
Lindon David Micha-EL Bey, Plaintiff v. Jamaica Realty; Dovie Sperlin and Spouse, Managing Member; John Doe, and Spouse, Managing Member; Scott D. Gross and Spouse, Attorney; Phyliss Krulik Saxe and Spouse, Judge Housing Court; George Essock, and Spouse, City Marshal, Defendants, 12-cv-2141
'Rooker-Feldman' Doctrine Noted in Dismissal Of Evictee's Lawsuit for Lack of Jurisdiction
U. S. District Court, Southern District
NYLJ Decision of Interest
U.S. Bank National Association, Plaintiff v. Nesbitt Bellevue Property LLC, et al., Defendants, 12 Civ. 423
Citizenship of Loan Trustee, Not Special Servicer, Controls for Diversity Jurisdiction Purposes
U.S. Court of Appeals, Second Circuit
Commack Self-Service Kosher Meats, Inc. v. Hooker, 11-3517-cv
Monday, May 14, 2012
First Amendment Challenge to Kosher Statute Is Rejected
Appellate Division, First Department
Weinreb v. 37 Apartments Corp., 650868/11
Individual Co-op Board Members Found Immune From Injunction Lawsuit
U.S. Court of Appeals, Second Circuit
National Labor Relations Board v. Starbucks Corp., 10-3511-ag
Starbucks Can Limit Pro-Union Buttons of Baristas, Panel Says
Appellate Division, Second Department
People v. Albert McDuffie, 7542/06
Panel Faults Juror Substitution, Orders New Murder Trial
Supreme Court, Queens County, Part 32
Robinson Prasad, Plaintiff v. Kone Inc. and Donald P. Aherne, Defendants, 13041/2011
U.S. District Court Northern District
NYLJ Decision of Interest
Joseph Bartnick, Plaintiff v. CSX Transportation, Inc. Defendant, 1:11-CV-1120
Railroad Propounded 25 Interrogatories, Not 61, All of Which Plaintiff Must Answer
U. S. District Court Northern District
NYLJ Decision of Interest
Keith Richardson, Plaintiff v. New York State Office of Mental Health, Central New York Psychiatric Center et al., Defendants, 6:11-cv-1007
Complaint's Claims Exceed 'Facial Plausibility' Threshold, Survive Dismissa
Supreme Court, New York County, Part 51
NYLJ Decision of Interest
Jaime Castaneda, Plaintiff v. Elvira Castaneda, Defendant, 311630/2011
Wife Is Granted Change of Venue In Divorce Suit to Suffolk County
Supreme Court, New York County, Part 12
NYLJ Decision of Interest
Gerald Lieblich and Hasan Biberaj, Plaintiffs v. Peter J. Pruzan, Esq., Defendant, 104523/11
No Basis Found for Malpractice Claim In Case Involving Ownership Interest
Supreme Court, Bronx County, Criminal Division Trial Part 14
NYLJ Decision of Interest
The People of the State of New York, Respondent v. Raymond Medina, Defendant, 1687-2008
Inmate Fails to Show Surcharge Will Cause Hardship Above That of Other Inmates
Supreme Court, Bronx County, IAS Guardianship Part X
NYLJ Decision of Interest
In the Matter of Geraldine R. An Incapacitated Person, 91285-2000
Court Finds Meritless Agency's Claims Of 'Micro-Managing' Trustee's Expenditures
Supreme Court, Kings County, IAS Term, Part 32
NYLJ Decision of Interest
In the Matter of the Application of Geico General Insurance Company to Stay Arbitration, Plaintiff v. Andrea Weislee Schwartz and Avraham Schwartz, Defendant, 11558/11
GEICO's Application to Stay Arbitration Is Found Untimely
Surrogate's Court, Kings County
NYLJ Decision of Interest
Probate Proceeding, Will of Concetta Tufaro, Deceased, 2010-4027
Surrogate Rejects Objections of Lack Of Testamentary Capacity, Undue Influence
U. S. District Court, Southern District
NYLJ Decision of Interest
United States of America, Plaintiff v. Jason Ponder, Defendant, 06 Cr. 481
Defendant Ineligible for Reduced Sentence Under Guideline Crack Cocaine Amendments
U.S. District Court, Eastern District
NYLJ Decision of Interest
Kenji Ryu Nakamura, Plaintiff v. United States of America, Defendant, 10-CV-2797
Court Has Jurisdiction as 'Private Analogue' Requirement Met in False Arrest Claim
U.S. District Court, Eastern District
NYLJ Decision of Interest
In re: Chana Taub, Debtor, 12-cv-2009
Seven Week Filing Delay Noted in Denial Of Emergency Stay Pending Orders' Appeal
U. S. District Court, Southern District
NYLJ Decision of Interest
Chetna Harish Shah, Plaintiff v. Kuwait Airways Corporation, Defendant, 08 Civ. 7371
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