U.S. v. Rajat K. Gupta (S.D.N.Y.)
A below-guidelines, 24-month sentence, for conspiracy and securities fraud was appropriate under the sentencing statute. Jed S. Rakoff, J.
Markham Gardens L.P. (as assignee of Vista Developers Corporation) v. 511 9th LLC, 511 Property LLC, PB Capital Corporation, FSA NY Property LLC (Sup. Ct., Nassau County)
Real Property-Vendor and Purchaser
Triable issues existed as to whether buyer elected to continue contract past end of time of the essence period in contract. Vito M. Destefano, J.
Estate of Rosario P. Drago, a/k/a Rosario Drago, Deceased (Sup. Ct., Bronx County)
Estate Planning and Probate-Trusts
Decedent’s daughter had standing to raise objection to account. Lee L. Holzman, J.
In Matter of John Doe v. New York State Commission on Judicial Conduct (N.Y. App. Div., 4th Dep’t)
Judge was not entitled to writ of prohibition regarding disciplinary investigation. Smith, J.P.
M.C.E. Corp. v. Cali Xavier a/k/a Cali Javier (Dist. Ct., Nassau County)
Real Property – Landlord and Tenant
Granting leave to amend landlord’s non-payment petition was warranted. Scott Fairgrieve, J.
Jose Portillo v. Susan Mark and Morris Mark, and 625 Park Owners Corp. (N.Y. App. Div., 1st Dep’t)
Real Property – Contractors and Developers
Issue whether construction worker’s actions were sole proximate cause of his injuries precluded summary judgment.
People v. Matthew J. Mayo, a/k/a Meyhem (N.Y. App. Div., 3d Dep’t)
Criminal Justice – Sentencing
Defendant’s sentence for manslaughter in the first degree was not harsh and excessive. McCarthy, J.
Adolfo Mendez-Nouel v. Gucci America, Inc. (S.D.N.Y.)
Labor and Employment – Discrimination
Store manager’s alleged touching of employee was not motivated by sexual desire. Paul A. Engelmayer, District Judge
Mark McCord v. Nader Paksima, D.O., David E. Ruchelsman, M.D., Nyu Hospital For Joint Diseases, Apostolos Tambakis, M.D., Mavis Polidore, Central Brooklyn Medical Group (Sup. Ct., Kings County)
Health – Judgment
Patient’s summary-judgment affidavit, which contradicted earlier testimony, would not be accepted. Marsha L. Steinhardt, J.