Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMG, LaSalle Bank National Association (N.Y.)
Real Property-Mortgages and Deeds of Trust
Mortgage note did not require mortgagor to pay “yield maintenance fee” in connection with its voluntary prepayment of loan.
Christopher J. Alf v. Buffalo News, Inc. (N.Y. App. Div., 4th Dep’t)
Newspaper was entitled to absolute privilege for fair and true reports on judicial proceedings. Centra, J.P.
Roslyn Union Free School District v. Michael Barkan (N.Y. App. Div., 2d Dep’t)
School district could commence action against current and former members of its board of education. Reinaldo E. Rivera, J.P.
NAKAI, Tsutomu, v. NEW YORK CITY TRANSIT (Sup. Ct., New York County)
Amended notice of claim, which provided date of alleged occurrence, cured any deficiency in first notice of claim. Michael D. Stallman, J.
Estate of Selbourne Cox, aa/k/a Selbourne Sylvester Cox, Deceased (Sur. Ct., Bronx County)
Estate Planning and Probate-Wills
Genuine issues of material fact existed as to whether constructive trust should be imposed. Lee L. Holzman, J.
Shuhab HDFC v. Paul Allen (Civ. Ct., New York County)
Real Property-Landlord and Tenant
Landlord could not seek possession of rent stabilized tenant’s apartment on ground of termination of month-to-month tenancy. Jack Stoller, J.
In Matter of State of New York v. Myron P. (N.Y.)
Criminal Justice-Sex Offenders
State does not violate equal protection by denying jury determination on question of confinement for sex offenders. Pigott, J.
Yaakov Licci, a minor, by his father and natural guardian, Elihav Licci and by his mother and natural guardian, Yehudit Licci v. Lebanese Canadian Bank, Sal, American Express Bank Ltd. (N.Y.)
Lebanese bank's alleged contacts with New York were sufficient to support jurisdiction under New York long-arm statute. Read, J.
People v. Vernon B. (Crim. Ct., Kings County)
Criminal Justice-Searches and Seizures
Exigent circumstances exempted Fourth Amendment warrant requirement. John T. Hecht, J.
American Building Supply Corp. v. Petrocelli Group, Inc., Pollak Associates (N.Y.)
Insurance-Agents and Brokers
Insured's failure to read and understand policy's coverage exclusion was not absolute bar to recovery against broker. Ciparick, J.