U.S. v. Michael Gerace (W.D.N.Y.)
Criminal Justice – Appeals
Defendant was not entitled to stay of sentence pending appeal. Richard J. Arcara, J.
U.S. v. Felix Nkansah, Kwame Gyanbaah, David Dosoo (2d Cir.)
Criminal Justice – Banking
Government failed to prove that defendant intended to expose banks to losses. Winter, Circuit Judge
People v. Joe Green (N.Y. App. Div., 2d Dep’t)
Criminal Justice – Searches and Seizures
Search during traffic stop was valid under automobile exception to warrantless searches.
In Matter of Westchester County Correction Officers' Benevolent Association v. County of Westchester (N.Y. App. Div., 2d Dep’t)
Labor and Employment – Arbitration
Arbitrator did not exceed specifically enumerated limitation on his power.
Richard Antaki v. Ramiro Mateo (N.Y. App. Div., 2d Dep’t)
Transportation – Motor Vehicles
Issues as to whether driver was free from comparative negligence precluded summary judgment.
VAM Check Cashing Corp. v. Federal Insurance Company (2d Cir.)
Insurance – Property
Criminals’ act of tricking employee to turn over cash constituted robbery under crime insurance policy. Gerard E. Lynch, Circuit Judge
Christina J. Tone, Steven Tone v. Song Mountain Ski Center, South Slope Development Corp., and their Agents, Servants and Employees, Peter Harris, Individually and d/b/a Song Mountain Ski Center, Individually as a member, officer, shareholder and director of South Slope Development Corp., Song Mountain Ski Center (Sup. Ct., Onondaga County)
Torts – Public Amusements and Entertainment
Skier who was hurt while exiting chair lift assumed the risk of her injury. Donald A. Greenwood, J.
The People of the State of New York, v. Toussaint CORRICA. (Sup. Ct., Kings County)
Criminal Justice – Counsel
Defendant’s allegation that he did not understand import of counsel’s warnings was not credible. Carolyn E. Demarest, J.
Cadlerock Joint Venture, LP v. Marcus Kierstedt (Sup. Ct., Kings County)
Litigation – Process
Requirements for nail and mail service of process had not been met. Yvonne Lewis, J.
In the Matter of the Application of TAOCON INC., Petitioner, v. For an Order Dismissing and Discharging a Notice of Mechanic's Lien dated August 2, 2012, filed by URBAN D.C. INC., Lienor. (Sup. Ct., New York County)
Real Property – Liens
Factual issues regarding work that was performed did not warrant vacating mechanics’ lien. Donna M. Mills, J.