Clare ROSE, Plaintiff, v. Elliot WISE, Elliot Wise & Co., Inc., Paul Brennan and Boston Benefit Consulting, Inc., Defendants. (Sup. Ct., Suffolk County)
Litigation-Discovery
Record did not demonstrate that defendants willfully and contumaciously failed to provide answers to plaintiff’s first set of interrogatories. Hector D. Lasalle, J.
James Richard Faherty, an infant by his Father and Natural Guardian, James Faherty v. Birchwood Lodge, Inc. d/b/a Yogi Bear's Jellystone Park At Birchwood Acres and Miracle Recreation Equipment Company and Pettinelli & Associates x Miracle Recreation Equipment Co. s/h/a Miracle Recreation Equipment Company Peerless Chain Company, Peerless Industrial Group, Peerless Industrial Group, Inc.; Miracle Recreation Equipment Co. s/h/a Miracle Recreation Equipment Company v. Peerless Chain Company, Peerless Industrial Group, Peerless Industrial Group, Inc. (Sup. Ct., Queens County)
Products Liability-Defects
Genuine issue of material fact existed as to whether swing’s naked chain, without coating, amounted to a design defect. Charles J. Markey, J.
THE PEOPLE OF THE STATE OF NEW YORK, v. Lorando WATSON, (a/k/a Orlando Watson), Defendant. (Sup. Ct., New York County)
Criminal Justice-Counsel
Defendant’s affidavit did not establish that his counsel failed to advise him of the immigration consequences of his plea of guilty. Suzanne Mondo, J.
In re MF Global Holdings Ltd.; Todd Thielmann, Pierre-Yvan Desparois, Natalia Sivova, Sandy Glover-Bowles, Arton Sina, Individually, o/b/o All Other Similarly Situated Former Employees v. MF Global Holdings Ltd., MF Global Holdings USA, Inc., MF Global Finance USA, Inc., MF Global Inc.; James W. Giddens, Louis J. Freeh (Bankr. S.D.N.Y.)
Bankruptcy-Trustees
SIPA trustee was not an “employer” subject to the federal or New York WARN Acts. Martin Glenn, J.
In Matter of Bronx Committee for Toxic Free Schools v. New York City School Construction Authority (N.Y.)
Environmental Law-Impact Statements
Methods chosen for monitoring of remediation of contaminated soil and groundwater at school site warranted preparation of EIS. Smith, J.
In Matter of Peter J. Galasso, An Attorney and Counselor at Law; Grievance Committee for Ninth Judicial District v. Peter J. Galasso (N.Y.)
Legal Services-Discipline
Attorney failed to maintain vigilance over client funds.
People v. Delroy Colville (N.Y.)
Criminal Justice-Counsel
Defendant was denied benefit of counsel's expert judgment regarding lesser–included offenses at his murder trial. Read, J.
In Matter of 677 New Loudon Corporation v. State of New York Tax Appeals Tribunal (N.Y.)
Taxation-Sales and Use
Owner of adult entertainment establishment was not entitled to sales and use tax exclusion for choreographed performances.
F. Isaac Hakim v. Kamran Hakim (N.Y. App. Div., 1st Dep’t)
Commercial Law-Contracts
Contract–based claims brought by putative member of LLC were revived by e–mails sent by LLC's in–house counsel regarding intent to provide accounting. Gonzalez, P.J.
Maribel Caguioa ASTILLERO, Plaintiff, v. David ABRAMOV and Asia Abramov, Defendants; David Abramov and Asia Abramov, Third-Party Plaintiffs, v. Jezriel Astillero, Third-Party Defendants. (Sup. Ct., Queens County)
Transportation-Motor Vehicles
Issue of fact existed as to whether driver of lead vehicle was also negligent, precluding summary judgment in action arising from rear-end collision. Robert J. McDonald, J.