People v. Felix Morel (Sup. Ct., Bronx County)
Criminal Justice-Double Jeopardy
Double jeopardy barred continuation of criminal prosecution. Ralph A. Fabrizio, J.
Louisiana Stadium & Exposition District, State of Louisiana v. Financial Guaranty Insurance Co., Merrill Lynch, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., FGIC Corporation (2d Cir.)
Failure of stadium owner to receive side benefit of credit enhancement under bond insurance policy was not failure of cause. Pooler, Circuit Judge
Anita CONFESSORE and Jimmy Confessore, Plaintiffs, v. ROSSI PHARMACY, INC., Thomas Rossi, John Rossi and Joseph Guzzardo, Defendants. (Sup. Ct., Queens County)
Building owner was not liable for pedestrian’s trip and fall on sidewalk abutting building. Robert J. McDonald, J.
NY Professional Drywall of OC, Inc., Individually, o/b/o Itself, All Lienors, for Labor or Materials in Connection with Improvements of Real Property herein Described v. Rivergate Development, LLC (N.Y. App. Div., 3d Dep’t)
Subcontractor was permitted to simultaneously maintain action to foreclose mechanic's lien and to accounting of statutory trust. Stein, J.
Bruce L. Stein, Public Administrator Kings, Temporary Administrator of Estate of Alice Parker Gordon a/k/a Ales Parker Gordon, Cecil D. Worrell, Administrator of Estate of James Gordon v. Jeff's Express, Inc., Jeff's Express, LLC and Oswald Jeffers a/k/a Jeffers Iswald, Charles Storey, John Doe, Jane Doe (Sup. Ct., Appelate Term)
Defendants’ sworn denial of proper service, in support of their motion to dismiss, was sufficiently specific to warrant a hearing.
In Matter of Claim of James V. Griffin v. Town of Dewitt, Workers' Compensation Board (N.Y. App. Div., 3d Dep’t)
Labor and Employment – Workers’ Compensation
Evidence supported finding that claimant's disability caused or contributed to decision to retire. Garry, J.
Richard N. Golden v. Citibank, N.A. (N.Y. App. Div., 2d Dep’t)
Finance and Banking – Banks
Bank wrongfully dishonored cashier’s check.
Robin Custodi v. Town of Amherst, Peter Muffoletto (N.Y.)
Torts – Negligence
Doctrine of primary assumption of the risk did not preclude inline skater’s negligence claim. Graffeo, J.
People v. Jose Barreiro (Crim. Ct., Kings County)
Criminal Justice – Child Endangerment
Complaint’s allegations were sufficient to support charge of endangering the welfare of a child. John H. Wilson, J.
Mark Lewis Schulman v. Joseph Rea (Sullivan Cnty. Ct.)
Legal Services – Attorney Fees
Attorney was not required to comply with rule governing notice of right to arbitrate fee dispute. Frank J. LaBuda, J.