G3-Purves Street, LLC v. Thomson Purves, LLC, Baruch Singer (N.Y. App., 2d Dep’t)
Provision of guaranty that allowed for full recourse liability was not an unenforceable liquidated damages provision. Florio, J.
American Freedom Defense Initiative v. Metropolitan Transportation Authority (S.D.N.Y.)
Civil Rights-Free Speech
District court would convert preliminary injunction into permanent one invalidating advertising standard as unconstitutional. Engelmayer, J.
Dharyl Maraj v. Aurora Associates, L.P. (Sup. Ct., Queens County)
Real Property-Contractors and Developers
Alleged lack of appreciable height differential between mechanic and elevator sheave did not preclude recovery under scaffold law. David Elliot, J.
Ram Khadka and Aspara Khadka v. American Home Mortgage Servicing, Inc. (Sup. Ct., Queens County)
Real Property-Vendor and Purchaser
Return of down payment would be ordered. Charles J. Markey, J.
Joanne Berrouet Rivers v. Eliot L. Birnbaum, Robin Bliss, Kim Rosary DeCastro (N.Y. App. Div., 2d Dep’t)
Court properly considered expert affirmation, even though there was no expert disclosure prior to filing of note of issue. Belen, J.
Carson Optical, Inc. v. Prym Consumer USA, Inc.; Leading Extreme Optimist Indus. Ltd., Jo-Ann Stores, Inc. (E.D.N.Y.)
Patents – Pleading
Manufacturer was entitled to amend answer to add counterclaims in patent infringement action. Lindsay, Magistrate Judge
Carmelina D'Angelo v. Sung Hong (Sup. Ct., Queens County)
Transportation – Motor Vehicles
Issue whether any negligence on motorist’s part contributed to accident precluded summary judgment. Robert J. McDonald, J.
In Matter of County of Erie v. Civil Service Employees Association, Local 815 (N.Y.)
Labor and Employment – Public Employment
Board of election had authority to schedule work shifts so as to provide adequate coverage on election day.
People v. Jose Alfaro (N.Y.)
Criminal Justice – Evidence
Imitation firearm, novelty handcuffs, and matching keys were admissible in prosecution for robbery.
In the Matter of the Application of Frances FERNANDEZ, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent. (Sup. Ct., New York County)
Real Property – Landlord and Tenant
Hearing officer’s decision to deny remaining-family-member grievance was not arbitrary or capricious. Arlene P. Bluth, J.