Ex-IBM Employee Not Required to Return Gains From Exercised Stock Options
Ex-IBM Employee Not Required to Return Gains From Exercised Stock Options
Village Not Allowed to Assert Affirmative Defense Regarding Ex-Lifeguards' Negligence Claim
Practice Areas: Labor and Employment
Company Fails to Establish Prima Facie Entitlement to Damages by Contract Breach
Practice Areas: Insurance Law
DCA's Re-Assignment of Towing Company To Single DARP Zone Not Arbitrary
Practice Areas: Administrative Law
Panel Upholds Private Right to Sue Nonpaying Insurers
Panel Censures Attorney for Not Disclosing Offense
Practice Areas: Legal Profession
Parole Board's Denial of Petition Annulled, Remitted for New Hearing and Determination
Practice Areas: Criminal Law
Panel Affirms Order Granting Insurer Leave To Renew, Reargue Prior Motion to Dismiss
Practice Areas: Insurance Law
Practice Areas: Land Use and Planning
Court Affirms Condo Board's Right to Compel Sale
Midland Denied Mandamus to Compel Judge To Mark Underlying Suit Settled, Not Dismissed
Practice Areas: Civil Procedure
Parties Bound by Clear Terms of Lease; Tenant Obligated to Only Pay 50% of Rent
Practice Areas: Landlord/Tenant Law
Court Rules Prior Testamentary Instruments Should be Discoverable Despite Rule 207.27
Practice Areas: Trusts and Estates
NYCHA Rationally Denied Petitioners' Request To Have Mother Succeed to Section 8 Subsidy
Practice Areas: Landlord/Tenant Law
Practice Areas: Commercial Law
COLD SPRING HILLS CENTER FOR NURSING AND REHABILITATION, plf. v. JOHN TIMOTHY RICE, AS ADMINISTRATOR OF THE ESTATE OF JOHN JOSEPH RICE, TIMOTHY RICE, INDIVIDUALLY, AND ELIZABETH RICE, def. (3692A/09/A) — In this contested miscellaneous proceeding, plaintiff has moved the court, pursuant to CPLR 3212 for an order granting summary judgment. Defandants have cross moved for summary judgment. For the reasons set forth below the plaintiff's motion for summary judgment is granted in part and denied in part and defendant's motion for summary judgment is granted.
ORDERS SIGNED IN MATTER OF: WILLIE SWINTON; Anna Rispoli; Raymond Clancy; Gladys Freist; Joanne Stabile; Thomas G. Kopf; Julia Bongiovanni; Joan Sandin; Magne R. Korsnes; & Carlo Vinaccia.
ESTATE OF SURROGATE ANTHONY CALDERONE, a/k/a ANTHONY J. CALDERONE, Deceased. (11/1431) — In this contested probate proceeding, an instrument dated September 11, 2008, has been offered for probate as the last will and testament of the above named decedent by Nicholas Calderone ("Calderone"), decedent's son and the executor nominated therein. Objections to probate were timely filed by all of decedent's other distributees, his three other children and one grandson, Gary Surbrug, Jr. ("Surbrug"), the son of a predeceased daughter, Angela Surbrug.
HELENE KIMBER, plf. v. JOYCE KROFT, AS EXECUTOR OF THE ESTATE DANIEL MARSH, ROBERTA MARSH, AS EXECUTOR OF THE ESTATE OF DANIEL MARSH et al., def. (1434P/07/A) — By this application, plaintiff seeks renewal/reargument of the court's determination dated September 5, 2012 dismissing the SIXTH cause of action of her amended complaint. Defendants oppose the instant application. For the reasons set forth below, the application is denied.
ESTATE OF NORMAN ALTSTEDTER, Deceased. (12/337) — The court has before it a motion to vacate and modify a decree admitting to probate an instrument dated February 12, 2010. Specifically, movant, Peconic Landing at Southold, Inc. ("Peconic Landing") requests the decree dated December 14, 2012 be modified to uphold the bequest to it under paragraph Fifth of decedent's will.
GUARDIANSHIPS SIGNED: MATTHEW G. BLALSI; Nicholas J. Devoti; Brocha Goldman; Joshua H. Josey; Danielle M.Mistretta; Malik Daril Rutland; & Domenick Zero.
ESTATE OF SURROGATE SUSIE CONGEDO, a/k/a ASSUNTA CONGEDO, Deceased. (12/220) — In this contested probate proceeding, an instrument dated March 28, 2011, has been offered for probate as the last will and testament of the above named decedent by Susanne Capra ("Capra"), decedent's daughter and the executrix nominated therein. Objections have been filed to the probate of the propounded instrument by Linda Franey ("Franey"), decedent's granddaughter, who is a distributee of decedent, her mother having predeceased her.
ESTATE OF ALEKSANDR SHAPIRO, Deceased. (13/236) — In this pending estate, the Guardian ad Litem, appointed on behalf of an infant distributere, has written to the court requesting that the matter be restored to this Court's Calendar for a conference, and the scheduling of possible 1404 examinations.
ESTATE OF EDNA HAYES TRUST (P/269/91/J) — The Attorney General of the State of New York has filed an application seeking to appoint IDB Bank as Successor Trustee of the Edna Hayes Trust.
ESTATE OF CARMELA ZIMMERMANN, Deceased. (10/904/B/C) — This is an application by Diane Kunze ("Kunze") a daughter of decedent to whom letters of administration issued on September 26, 2011, requesting, inter alia, an order (a) directing Kevin Zimmermann ("Zimmermann") to account as trustee of an inter vivos trust established by decedent; (b) directing Zimmermann to return to the trust certain funds that were in the trust at the time of decedent's death; (c) directing the sale of decedent's home by petitioner; and (d) directing Zimmermann to pay certain legal fees incurred by petitioner in this and in a prior proceeding. In addition to being a distributee of decedent, petitioner is a residuary legatee under an inter vivos trust created by decedent on February 21, 2008.
DECREES SIGNED IN MATTER OF: SADIE STAMBLER; Roy DeVincenzo; Beverly A. Muckler; Maureen Palumba; Robert G. Nielsen; Chitilappilly P. Antony; Giovanna F. Lucente; Paula Thomas; Salvatore Ferreri; Margaret Grande; Nancy B.DeVito; & Bujar Hasimja.
ESTATE OF GRACE E. PRICE, Deceased. (11/3847/A) — In this contested proceeding to compel the turnover of assets allegedly belonging to this decedent, respondent, Barbara L. Macaluso, has moved for summary judgment, pursuant to CPLR 3212, asserting that she is entitled to judgment as a matter of law. Petitioner opposes the motion. For the reasons set forth below, the motion is granted.
ESTATE OF DANA MICHAEL MESSINA, a/k/a, DANA MESSINA, a/k/a, DANA M. MESSINA Deceased. (13/116) — Petitioner seeks to admit to probate a testamentary instrument, dated October 24, 2012, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary Nancy Elizabeth Messina, a/k/a Nancy Messina, the petitioner herein, and Letters of Trusteeship to Nancy Elizabeth Messina, a/k/a Nancy Messina, and Alison Gayle Messina.
ORDER SIGNED: ESTATE OF FAUSTINO URENA-PAULINO (12/3381/A).
ORDER SIGNED: ESTATE OF ELIAS POPOWITZ (12/2242).
ORDER SIGNED: ESTATE OF TRUONG TRAN (12/1785/C); Truong Tran (12/1785/D).
DECREES SIGNED: MATTER OF THADDEUS J. PLESZEWICZ; Esther Aronowitz; Paul Gavin; Joan Muminovic; Etta Lee Heiman; & Vladik Kaminsky.
ESTATE OF ANTHONY J. CASCARDO, Deceased (08/349) — In this pending proceeding decedent's Last Will and Testament was admitted to probate following a ten day jury trial, and that issue is currently pending before the Appellate division. There remains to be decided by this Court only a motion regarding the division of the net proceeds from the sale of real property, currently being held by the Public Administrator of Richmond County.
ORDER SIGNED: ESTATE OF FELIPE TABALES (13/3438/A); Cheng Rong Tan (09/0250/B); Gerald W Arthur (12/3948/E).
ESTATE OF ROSARIO GIARDINA, a/k/a, RUSSELL GIARDINA Deceased. (13/100/C) — This is an application to compromise a wrongful death/ personal injury cause of action against several defendants in a multiple defendant lawsuit brought on behalf of decedent's estate.
ESTATE OF JEANNIE EISENSTEIN, Deceased. (12/63/A) — The limited administrator of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on January 27, 2012 so as to enable him to compromise a personal injury cause of action on behalf of decedent.
DECREE SIGNED: ESTATE OF MARIA TERESA DALMAU (14/552); Estelle Steinberg (14/111); Rexford Cecil Weng (13/4739); Georgia D B McClain (13/4300); Janet C Tsai (14/81); Trent Austin Sage (14/522); Virginia L Ford (13/4562/A); Marsha Eisbey (14/442); Hsin Lee (14/372); Bracha Klausner (13/4505); John Panorios (13/4819); Dorothy Bodrick (13/3667/A); Chiou Chiang Chen (14/286); Richard L Brescia (14/550); Peter Miller (13/4394); Stephen Gilmer (14/189)
ORDER SIGNED: ESTATE OF SHAWN TAYLOR (10/3832).
ORDER SIGNED: ESTATE OF KAREN PUENTERNAN (01/2968).
ESTATE OF PAULINE M. DULIBY, Deceased. (10/721) — In this probate proceeding, it appears that unknown disributees, and/or disributees whose whereabouts are unknown exist, thereby requiring the appointment of a Guardian ad Litem pursuant to SCAP 403(2).
ORDER SIGNED: ESTATE OF TAMARA MARTINEZ (08/4411/A).
DECREE SIGNED: ESTATE OF SICHI EUNG (11/1441/G); Anthony Ferrara (10/0100/B); Virginia Bradley (05/3305/A); Shing Lau (08/3670/B).
ORDER SIGNED: ESTATE OF IVY MARKES FRASER (13/4829); Jorge Sancho (14/413); Raymond Oravetz (14/656); Gussie Levin (14/579); Winifred Apt Rubien (14/683).
ORDER SIGNED: ESTATE OF STEPHEN v. ALLWELL (11/1122/E).
ORDER SIGNED: ESTATE OF BARBARA BIGIO (14/404); Norman Bulow (13/4134).
ESTATE OF TERIAN, Deceased (02/3871/B) — At the call of the calendar in this removal proceeding by co-trustee Juliana Terian in the estate of Peter Terian, petitioner's uncontested motion seeking the admission, pro hac vice, of Jane Curran Pandell, Esq., was granted.
GUARDIANSHIPS SIGNED: KEVIN M. WISMER; Jurelle Simone Sutton; Alexxa Mershon; and Stefanos G. Mitsogiorgakis.
ESTATE OF CHRISTO BYRON PAPPAS, Deceased (03/2184) — The executors of the estate of Christo Byron Pappas renew their request for permission to compromise various claims (SCPA §1813). This court previously denied such application without prejudice to renew upon the submission of additional information that would permit the court to evaluate whether the proposed settlement was in the best interests of the estate (Matter of Pappas, 36 Misc 3d 1204[A], 2012 NY Slip Op 51189[U] [Sur Ct, NY County 2012]). Such information has now been submitted. Of the more than 35 beneficiaries under decedent's will, only Laura Candela, a devisee of certain real property and a six percent residuary beneficiary, objects. The parties have stipulated that the court may decide the matter on the papers submitted.
ORDERS SIGNED: MATTER OF MARIA FRAGKIS; Esther chambers; Anthony Borgersen; Patricia Green; Kenneth S. Howard; Margaret Neal; Brenda Swigonski; Oland L.B. Thompson; Kim Marie Jamaleddine; & Patricia Rubin.
DECREE SIGNED: ESTATE OF JEAN FOX (13/4768); Andrew S Gordon (13/3630).
DECREE SIGNED: ESTATE OF IRWIN SOCHET (11/2673/A); Allen Chisley (11/3352/E).
DECREE SIGNED: ESTATE OF NORMAN DINHOFER (13/4448); Kenneth Levine (14/379); Frances Ritt (13/4696); Robert H D Ellis (14/144); Renee Bunel Grassilli (13/4340); Anne Sherman Seidman (14/210); Warren Fischer (14/102); Gladys Nazar (13/1880/A); Stanley G Fields (14/493).
ORDER SIGNED: ESTATE OF EDWARD CANNEL (14/399); Jerry Stock (14/508); Shelly Estrin (14/469); Judith Irby (14/241); Regina Resnik Blatas (14/515); Victoria T Kilburn (14/545); Hazel Willhite Bertz (14/541); Blossom De Vos (13/3173/A); Leon Schreiber (14/89); Gerald F Regan (14/317).
DECREE SIGNED: ESTATE OF SIDNEY WOLLMAN (14/296).
ESTATE OF ADDISON A. BRANCH, JR., a/k/a, ADDISON BRANCH, Deceased. (12/491) — Petitioner seeks to admit to probate a testamentary instrument, dated May 5, 2011, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.
DECREE SIGNED: ESTATE OF JOHN MCKENNA (10/0060/A).
ORDER SIGNED: ESTATE OF MARY HOMA (07/3584/A); Margot Kennedy (11/259/C).
ORDER SIGNED: ESTATE OF M MICHAEL KULUKUNDIS (10/3411/H) (2).
ORDER SIGNED: ESTATE OF BELLE LINSKY (87/4510/C).
ESTATE OF ANTONIA RIVERA, Deceased (98/3820/A) — This matter was first on the court's calendar on October 25, 2013. On that date, Petitioner appeared, and the matter was adjourned for supplemental citation, as Petitioner had not served Respondent. On December 6, 2013, when the matter appeared on the court's calendar for the second time, Petitioner has still been unsuccessful in serving Respondent. At the request of Petitioner, the court adjourned the matter one more time for supplemental citation. In doing so, the court warned Petitioner that if he was unable to serve Respondent with citation for that return date, this matter would be "marked off."
ORDER SIGNED: ESTATE OF JACK TALVY (13/2014/A); Jack Talvy (13/2014/A); Theodora Dobriansky (11/4700/A) (2); Denise Garson (81/1878/A).
ESTATE OF ELLEN BERNARD, Deceased (13/1294) — Petitioner seeks probate of a propounded instrument, dated December 3, 2012, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to her.
DECREE SIGNED: ESTATE OF JUAN MENDOZA (14/200); William Cazemir (14/39).
ORDER SIGNED: ESTATE OF BOK SOON KIM (14/516); Judith Dornstein Loe (13/1058); Jean Eley (14/660); Jorge Ruiz (14/662); San Huei Wang (14/667); William E Wiener (45/2381/A).
DECREE SIGNED: ESTATE OF DORIS SILBERSTEIN (14/471); Myra Jo-An Levitt (14/356). ORDER SIGNED: ESTATE OF CARMEN FIGUEROA (08/2442).
DECREE SIGNED: ESTATE OF ALAN S DUNNING (13/4176); Sarah Ashley Dolgenos (13/4525); Sara Ida Klipper (14/333).
ORDER SIGNED: ESTATE OF WILLIAM S WHITFIELD (98/5049); William S Whitfield (98/5049).
IN THE MATTER OF THE APPLICATION OF HARRIET KARR MCDONALD, AS A LEGATEE UNDER THE LAST WILL AND TESTAMENT OF EMANUEL KARR, Deceased, TO COMPEL THE FIDUCIARY TO SUPPLY INFORMATION CONCERNING ASSETS OR AFFAIRS OF THE ESTATE. (11/1310/D) - These two discovery proceedings, one brought by the fiduciary of decedent's estate and the other brought against the fiduciary of decedent's estate, have been settled and discontinued by the parties in a stipulation dated October 31, 2013, and filed with the court February 26, 2014. (See CPLR §3217 (a) and section 207.24 of the Uniform Rules for the Surrogate's Court.)
ORDER SIGNED: ESTATE OF CELIA WARD (14/601); James B T Foster (14/567); Karen P Bass (12/4121); Robert W Martin (14/513); Samuel C Miller (14/85/A).
DECREE SIGNED: ESTATE OF PHILIP C MANOR (14/90).
ORDER SIGNED: ESTATE OF BETTYE JEAN WILLIAMSON (14/651); Gilbert Michael Littlejohns (14/603); Harold Wexler (14/707); Rubin Gelles (14/560); Lucy Deocariza (13/4244/A); Nancy Sheriff (14/554); Enno W Ercklentz Jr (14/587); Edward P McGuire (14/504); Sandra Falk (14/502); Stephanie Zaro-Levy (14/653); Francoise Rothman (14/641); Eleanor D Moreno (14/573).
IN THE MATTER OF THE PETITION OF ROBERT KAUFMAN, AS TRUSTEE OF THE TRUST CREATED BY A CERTAIN AGREEMENT DATED SEPTEMBER 16, 1977, BETWEEN MELVYN KAUFMAN, AS SETTLOR, AND ROBERT KAUFMAN, AS TRUSTEE, WHICH CREATED THE TRUST KNOWN AS THE "CLAIRE 127 TRUST," FOR A DECLARATION THAT A PURPORTED JANUARY 1, 2003 TRUST MERGER WAS VOID AB INITIO (10/4097/E) — At the call of the calendar today, the court granted this uncontested petition by Robert Kaufman as trustee of a trust established by Melvyn Kaufman, during life, under a trust agreement dated September 16, 1977, which is known as the Claire 127 Trust. The petition related to three other lifetime trusts for which Robert also serves as trustee: two likewise established by Robert's brother, Melvyn, under trust agreements dated January 25, 1979 and February 14, 1980, which are known as the M KIDS 30 and the Claire 767 Trusts, respectively; and another established by Esther Kaufman, Melvyn and Robert's mother, under a trust agreement dated March 4, 1968, known as the MINS trust. The court declared the purported merger on January 1, 2003 of these three other lifetime trusts into the Claire 127 Trust void ab initio. The trustee was without the power to merge these trusts, and his attempt to do so was void (EPTL §7-2.4).
IN THE MATTER OF THE PETITION TO DISCOVER PROPERTY WITHHELD AND TO COMPEL THE DELIVERY OF SUCH PROPERTY BELONGING TO THE ESTATE OF EMANUEL KARR, Deceased, HELD BY GEORGE MCDONALD, HARRIET MCDONALD, AND JOHN MCDONALD. (11/1310/A).
DECREE SIGNED: ESTATE OF SETH MICHAEL COHEN (13/1929).
DECREE SIGNED: ESTATE OF PATRICK M HOGAN (08/1441).
DECREE SIGNED: ESTATE OF LEONARD ANTHONY LAGRUA (07/2741/A).
ESTATE OF CHITTILAPPILLY PAVUNNY ANTONY, A/K/A CHITTILAPPILLY P. ANTONY, Deceased (12/251/B) — The Limited Administratrix of this estate has petitioned this Court to modify the limitations contained in the Limited Letters of Administration issued by this Court on April 16, 2012 and thereafter amended to Limited & Restricted Letters of Administration on February 25, 2013, so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.
DECREE SIGNED: ESTATE OF WILLIAM F EVANS (10/2428.2); Doris Levine (13/3764).
DECREE SIGNED: ESTATE OF DONALD RIDDELL (03/0846/J); Herbert Fleigelman (06/2381/A).
DECREE SIGNED: ESTATE OF SICHI EUNG (11/1441/D).
ORDER SIGNED: ESTATE OF ROGER WOOD (13/1636/B).
ORDER SIGNED: ESTATE OF CHARLES PFAU (12/2811/B); Alexander Calder (76/6247/C).
ORDER SIGNED: ESTATE OF THOMAS H PETSCHEK (10/0452/I).
ORDER SIGNED: ESTATE OF FRANCES VINIELLO (10/1676).
DECREE SIGNED: ESTATE OF CHARLES R DEBELLIS (13/3439/A).
ESTATE OF PAUL EKLOF, Deceased (13/677) — The decedent, Paul Eklof, died a resident of Richmond County on May 27, 2013. His Last Will and Testament was admitted to probate on July 2, 2013 without opposition. The sole beneficiary of the decedent's estate, as well as the executor, is the decedent's longtime partner, Wesley William Kropp.
DECREE SIGNED: ESTATE OF RONALD MOSLEY (13/1866); Christina Bloom (14/348); Pui Laan Yew (14/76); Emma Margarita Mayne (11/3272/A); Madeline Gins (14/546); Eloise D Finardi (13/4613); Selma Helmreich (14/188); Richard Urowsky (14/496); Brenda C Huggins (14/359); Annas Louise Hardy (08/4592.1); Eleanor Cooper (14/71).
DECREE SIGNED: ESTATE OF DOROTHY DAVID (05/4161/A); Howard Gittis (07/3410/D).
DECREE SIGNED: ESTATE OF SAAD ABDUL LATIF (13/3910); Benjamin Sauerhaft (14/272).
ORDER SIGNED: ESTATE OF MALA LANDSBERG (12/3907/B)(2).
ORDER SIGNED: ESTATE OF HSBC BANK USA (13/4005).