S.B. v. U.B. (Sup. Ct., Kings County)
Family Law – Trial
Sealing courtroom while former wife’s sister testified about alleged sexual abuse was unwarranted. Jeffrey S. Sunshine, J.
Terri Hamilton v. Michael J. Astrue, Commissioner of Social Security (N.D.N.Y.)
Social Security – Disability Benefits
ALJ's determination regarding date of onset was not supported by substantial evidence. Gary L. Sharpe, Chief Judge
American Security Insurance Company, as Subrogee of Michael R. Toppin, Toppin & Toppin, Attorneys At Law, Michael R. Toppin, Toppin and Toppin, Attorneys At Law v. Church of God of St. Albans, Mike's Contracting Building and Development, Corp., Euro Deco Management Corp., First New York Construction, Miltiadis Leptourgos, P.E., Harold E. Gebhard A.I.A., Versatile Engineering, P.C. (Sup. Ct., Queens County)
Real Property – Neighboring Properties
Adjoining landowner and excavation subcontractor were strictly liable for damage to building. Robert J. McDonald, J.
Cement and Concrete Workers District Council Welfare Fund, Pension Fund, Annuity Fund, Education and Training Fund and Other Funds, Alfred G. Gerosa, in his fiduciary capacity as Trustee of the Cement and Concrete Workers District Council Welfare Fund, Pension Fund and Annuity Fund, Pension Fund and Annuity Fund, Alexander J. Castaldi, as President of the--Cement and Concrete Workers District Council and in his fiduciary capacity as Trustee of the Education and Training Fund v. Metro Foundation Contractors Inc. (2d Cir.)
Labor and Employment – Benefit Plans
Alternate method of calculating contributions to ERISA plans can be used without violating rule that damages on default must be calculated with reasonable certainty. Pooler, Circuit Judge
In Matter of Jose Lama v. SPK Restaurant, Inc., Workers' Compensation Board (N.Y. App. Div., 3d Dep’t)
Labor and Employment – Workers’ Compensation
Evidence did not support finding that owner of restaurant was claimant’s employer. Egan, Jr., J.
Whitebox Concentrated Convertible Arbitrage Partners, L.P. v. Superior Well Services, Inc. (N.Y.)
Business Organizations – Shareholders
Issue whether corporation was required to repurchase shares could not be resolved at motion-to-dismiss stage. Graffeo, J. 201
Charles Kish, Gail Kish v. City of New York, H.O. Penn Machinery, Inc. (Sup. Ct., Richmond County)
Government – Tort Claims
Issues as to whether city had notice of any defect in bulldozer’s braking mechanism precluded summary judgment. Thomas P. Aliotta, J.
Mohammed Ullah v. Monni Nobi, Nur Nobi (N.Y. App. Div., 1st Dep’t)
Real Property – Vendor and Purchaser
Evidence supported finding that prospective purchaser of store was entitled to recover for money and services furnished to vendors.
Deutsche Bank National Trust Company, As Trustee For Wamu Mortgage Pass Through Certificates, Series 2005 Ar18 v. David E. Bills a/k/a David Bills, Bonnie Morris a/k/a Bonnie L. Morris, Cach LLC, Countrywide Home Loans, Inc., First Horizon Home Loans, A Division Of First Tennessee Bank National Association Successor By Merger To First Horizon Home Loan Corporation, Paul Evans, Chris Shucuck (Sup. Ct., Essex County)
Real Property – Mortgages and Deeds of Trust
Mortgagee was entitled to rely on joint venture agreement in proceeding with closing on mortgage loan. Richard B. Meyer, J.
People v. Garnet Marshall (Sup. Ct., Bronx County)
Criminal Justice – Postconviction Relief
Motion to vacate conviction on basis of ineffective assistance could not be summarily denied. Leonard Livote, J.