Douglas D. BRUNELLE and Renee C. Brunelle, Plaintiffs, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Green Tree Servicing, LLC, Merscorp Holdings, Inc., Bank of America, N.A., Northwest Trustee Services, Inc., and John Does 1-100,000, et al, Defendants. (Sup. Ct., New York County)
Litigation-Venue
Lawsuit was dismissed on grounds of forum non conveniens. Ellen M. Coin, J.
Terry Reed v. Andrew Male (Sup. Ct., New York County)
Torts-Negligence
Bicyclist raised triable issue of fact with respect to pedestrian’s comparative negligence. Carol R. Edmead, J.
Antonio Vega and Matilda Rosario v. Academy Express, LLC And Rory Youman (Sup. Ct., Kings County)
Legal Services-Client Trust Funds
Deposit in Lawyers' Fund for Client Protection, subject to further order of a court, was warranted of funds payable to client. Jack M. Battaglia, J.
In re Cozumel Caribe, S.A. de C.V.; CT Investment Management Co., LLC v. Cozumel Caribe, S.A. de C.V. (Bankr. S.D.N.Y.)
Bankruptcy-Procedure
Bankrutpcy Court would grant post-recognition relief in nature of temporary stay. Martin Glenn, J.
Deja Barbour, Shinnel Gonzalez, Rakayyah Massey v. City of White Plains, Mark Burnett, Anthony Carra, Kevin Christopher, Anthony Farrelly, John Heffner, Lavalle Larrier, Gilbert Lopez, Antonio Nolletti, John Does, Jane Does (2d Cir.)
Civil Rights-Attorney Fees
Offer of judgment “for the settlement of all claims” did not encompass attorney fees.
People v. Alan L. Jones (N.Y. App. Div., 4th Dep’t)
Criminal Justice-Homicide
Evidence did not establish depraved indifference to life.
Thomas Lin v. County of Sullivan (N.Y. App. Div., 3d Dep’t)
Taxation-Real Property
Property owners received adequate notice of underlying in rem tax foreclosure proceeding. Stein, J.
In Matter of James L. Tomarken, as Commissioner of Suffolk County Department of Health Services v. State (N.Y. App. Div., 3d Dep’t)
Health-Medical Assistance
Department of Health's determination to make retroactive new requirements for Medicaid reimbursements was not arbitrary or capricious. McCarthy, J.
Henry F. Gauthier v. Countryway Insurance Company (N.Y. App. Div., 3d Dep’t)
Insurance-Property
Policy did not bar claim for replacement costs. Malone Jr., J.
ATLANTIC BEACH REALTY GROUP, INC., Plaintiff, v. Susan CESLOW, Olsen Realty LLC aka Blue Dawg Realty and Jan Nelson, Defendants. (Sup. Ct., Suffolk County)
Real Property-Agents and Brokers
General releases executed by former employees constituted a complete bar to real estate agency’s claims to recover broker’s commissions. Emily Pines, J.