In re Global Aviation Holdings, Inc.; Daniel Schroeder, Charles Martin, Jr., individually and o/b/o all others similarly situated v. Global Aviation Holdings, Inc.; Daniel Schroeder, Charles Martin, Jr., individually and o/b/o all others similarly situated v. World Airways, Inc. In re Global Aviation Holdings, Inc.; Daniel Schroeder, Charles Martin, Jr., individually and o/b/o all others similarly situated v. Global Aviation Holdings, Inc.; Daniel Schroeder, Charles Martin, Jr., individually and o/b/o all others similarly situated v. World Airways, Inc. (E.D.N.Y.)
Labor and Employment-Layoffs
Furlough of pilots working for charter aircraft operator did not result in mass layoff at single site. Carla Craig, J.
People v. Floyd L. Smart (N.Y. App. Div., 4th Dep’t)
Sentence imposed on persistent felony offender for second-degree burglary was unduly harsh and severe, warranting reduction. Scudder, P.J.
M. Rubin & Co. LLC v. Martha M. Ortiz (Civ. Ct., City of New York)
Real Property-Landlord and Tenant
Landlord failed to prove that rent stabilized tenant agreed to pay monthly rent it claimed was due. Andrew Lehrer, J.
People v. Colin Donnaruma (City Ct., City of Albany)
Criminal Justice-Indictment and Information
District attorney's statement that his office would not go forward with prosecution did not present legally cognizable ground for dismissal. William A. Carter, J.
In Matter of Blanche Hunter, deceased; JPMorgan Chase Bank, N.A. v. Margaret Hunter, Eric T. Schneiderman (N.Y. App. Div., 2d Dep’t)
Estate Planning and Probate-Trusts
Cotrustee of testamentary trust violated prudent-person rule of investment and Prudent Investor Act, warranting surcharge. Daniel D. Angiolillo, J.P.
In Matter of Application of Metropolitan Transportation Authority, relative to acquiring title in fee Simple absolute to certain real property for project known as Western required for a commuter railroad project known as Brewster North Station and Commuter Parking Extension consisting of that parcel of real property known as 20 Prospect Hill Road a/k/a Section 56, Block 1, Lot 40, on current Tax Map of Town of Southeast, Putnam County, in State of New York; Longridge Associates, L.P. v. Metropolitan Transportation Authority (Sup. Ct., Putnam County)
Real Property – Eminent Domain
Property owner established reasonable probability of proposed highest and best use. John R. LaCava, J.
Frederick J. Mittermeier, Jr. v. State (N.Y. App. Div., 1st Dep’t)
Education – Torts
Pedestrian failed to demonstrate reasonable excuse for failure to file timely notice of claim. Saxe, J.P.
Robert Pitt Realty, LLC v. 19-27 Orchard Street, LLC, Essex Insurance Company; 19-27 Orchard Street, LLC v. Essex Insurance Company (N.Y. App. Div., 1st Dep’t)
Insurance – Liability
Issues as to whether exclusion regarding tenant’s acts or omissions applied precluded summary judgment.
Carnegie Linen Services, Inc. v. National Labor Relations Board (2d Cir.)
Labor and Employment – Unfair Labor Practices
ALJ did not abuse his discretion in denying request for adjournment until criminal charges were concluded.
Estate of Gail Radvin by Faith Radvin, Robin Martucci, co-executors of Estate, Faith Radvin, Robin Martucci v. City of New York, New York City Sanitation Department, New York City Fire Department (Sup. Ct., Queens County)
Government – Tort Claims
Plaintiffs stated claim against city for breach of duty to provide adequate emergency services. Phyllis Orlikoff Flug, J.