U.S. v. Kirk Lacey, Omar Henry, Lavette M. Bills, Peter Chevere,Wayne Green, Sherese Glenn, Revlon Hinds, Joseph Evans, Jerry Calonge, Mark Barnett (2d Cir.)
Criminal Justice – Sentencing
Mass-marketing enhancement applies only when targets of mass marketing were also victims. Gerard E. Lynch, Circuit Judge
In Matters of Family Offense and Custody Petitions Pursuant to Articles 6 and 8 of Family Court Act O.K. v. M.K. (W.D.N.Y.)
Labor and Employment – Discrimination
Issue whether female employee experienced retaliation precluded summary judgment. Charles J. Siragusa, J.
Washington Temple Church of God in Christ, Inc. v. Global Properties and Associates, Inc., Henry Spitzer, City of New York, , Ticor Title Insurance Company a/s/o Henry Spitzer, Global Properties and Associates, Inc., Global Properties and Associates, Inc., United General Title Insurance Company (Sup. Ct., Kings County)
Insurance – Title
Title insurer’s obligation to provide coverage terminated when insured conveyed property. David Schmidt, J.
Virtual Chip Exchange USA, Inc. v. Siemens, PLC (Sup. Ct., Suffolk County)
Commercial Law – Jurisdiction
English company had sufficient contacts with New York for court to exercise personal jurisdiction. Emily Pines, J.
Martin SCHWARTZ and Tibbie Schwartz, Plaintiffs, v. KATZ 737 CORPORATION AND 737 PARK AVENUE ACQUISITION LLC, Defendants. (Sup. Ct., New York County)
Real Property-Landlord and Tenant
Landlords did not provide sufficient documentary evidence to warrant dismissal of tenant’s fraudulent inducement action. Eileen A. Rakower, J.
In Matter of Shunn McKenzie v. Board of Education of City School District of Albany (N.Y. App. Div., 3d Dep’t)
Education-Labor and Employment
Termination of school custodian was not disproportionate to custodian's misconduct. Kavanagh, J.
Kathleen Bailey v. Village of Saranac Lake, Inc. (N.Y. App. Div., 3d Dep’t)
Litigation-Pleading
Homeowner provided inadequate explanation for lengthy delay in moving to amend complaint. Lahtinen, J.
Michael DeStefano, as Administrator of Estate Of Donald William DeStefano, Kristopher DeStefano, Matthew DeStefano, Joshua DeStefano, Jeremy DeStefano v. Rosemary A. Grasso, City Of Port Jervis, Orange & Rockland Utilities, Inc. (Sup. Ct., Orange County)
Torts-Wrongful Death
Utility company, which had contract with city to replace streetlight bulbs, owed no duty to pedestrian. Catherine M. Bartlett, J.
Patricia Conteh v. William Penn Life Insurance Company Of New York (Sup. Ct., Bronx County)
Insurance-Life
Decedent took no steps to change his beneficiary from the time he separated from wife until his death. Sharon A.M. Aarons, J.
Sands Point Partners Private Client Group v. Fidelity National Title Insurance Company (N.Y. App. Div., 2d Dep’t)
Insurance-Title
Policy did not require insurer to represent insured with respect to litigation commenced by insured in which no cause of action was asserted against insured.