Rubio v. Rubio (Sup. Ct., Suffolk County)
Doctrine of judicial estoppel applied to prevent plaintiff from asserting he was a shareholder. Emily Pines, J.
Hawkins v. Tyree (S.D.N.Y.) Bankruptcy-Discharge
Claim for negligent infliction of emotional distress did not fall within willful and malicious injury discharge exception.
Andrew J. Peck, United States Magistrate Judge
Lang v. Wilhelm (Sup. Ct., Suffolk County)
Genuine issue of material fact existed as to whether a dangerous condition existed on the basement floor. Joseph C. Pastoressa, J.
Deutsche Bank National Trust Co. v. Young (Sup. Ct., Suffolk County)
Mortgagor’s excuse of active engagement in settlement negotiations did not constitute reasonable excuse for default. Joseph C. Pastoressa, J.
U.S. v. Caronia (2nd Cir.)
Factors weighed in favor of finding that defendant's promotion of off–label drug use was protected by First Amendment. Chin, Circuit Judge
Moyal Constr. Inc. v. A To Z Group Co. LLC (Sup. Ct., New York County)Torts-Tortious Interference
Counterclaim asserting that lawsuit was frivolous did not state a claim. Kathryn E. Freed, J.
Beautiful Village Assocs. Redevel. Co. v. Gomez (N.Y. App. Div., 1st Dep’t)
Real Property-Subsidized Housing
Evidence was sufficient to raise an inference that tenant knew or should have known that her Section 8 apartment was being used for drug related criminal activity. Per curiam
Sullivan v. Harnisch(N.Y. App. Div., 1st Dep’t)
Labor and Employment-Wrongful Discharge
Employer did not suffer consequential damages as a result of former employee's alleged breach of confidentiality in disclosing two clients' identities.
People v. Members(N.Y. App. Div., 4th Dep’t)
Criminal Justice-Jury Trial court erred in accepting verdict from 11 jurors, warranting new trial in murder prosecution.
Doe v. Bd. of Ed. of Greenport Union Free School Dist. (N.Y. App. Div., 2nd Dep’t)
Education-Labor and Employment
School district was not vicariously liable for employee's sexual assaults of student or for negligent hiring and supervision.