San Dar Associates v. Jacqueline Fried and River 52, LLC (Sup. Ct., New York County)
Real Property – Parties
Current owner of building was necessary party in action concerning adjoining building. Doris Ling-Cohen, J.
Arnee Tolbert v. Dr. Robert Rioseco c/o The Center for Cosmetic Dentistry (City Ct., Mount Vernon)
Health – Malpractice
Patient’s failure to produce expert testimony was fatal to her claim against dentist. Adam Seiden, J.
People v. Alexis Debranche and Xavier Mclaughlin (Crim. Ct., City of New York)
Criminal Justice – Larceny
Under identity-theft statute, “another person’’ means real, identified person who actually exists. Robert M. Mandelbaum, J.
Sabria F. Washington, a/k/a Sabrina F. Washington v. Michael J. Astrue, Commissioner of Social Security (N.D.N.Y.)
Social Security – SSI
Evidence supported ALJ’s finding that claimant’s subjective complaints were not fully credible. Gary L. Sharpe, Chief Judge
In Matter of Thomas Madera v. Elmont Public Library (N.Y. App. Div., 2d Dep’t)
Government – Records
Library affirmatively waived its right to claim intra-agency exemption or attorney-client privilege regarding report.
Rita J. Albano-Plotkin v. Travelers Insurance Company (N.Y. App. Div., 2d Dep’t)
Insurance – Liability
Issue whether insured had reasonable excuse for delay in notifying insurer precluded summary judgment.
TecFolks, LLC v. Claimtek Systems, Sydasoft, Inc., Kyle Farhat, Nishat Kurtz (E.D.N.Y.)
Commercial Law – Contracts
Forum selection clause was mandatory. Hurley, Senior District Judge
U.S. v. Michael Murphy, a/k/a Sealed Defendant, #1, Michael Webster, a/k/a Sealed Defendant, #2 (2d Cir.)
Criminal Justice – Investigatory Stops
Court's factual finding that defendants' car did not stop voluntarily was not clearly erroneous. Lohier, Circuit Judge
In re Dayanara V., Others, Dependent Children Under Eighteen Years of Age; Carlos V. v. New York City Administration for Children's Services (N.Y. App. Div., 1st Dep’t)
Family Law – Child Protection
Father’s conduct of punching child in the stomach constituted neglect.
ELRAC, LLC f/k/a Elrac, Inc. D/b/a Enterprise Rent A Car a/k/a Ean Holdings, LLC v. Elsa Manzo (Civ. Ct., City of New York, Queens County)
Commercial – Indemnity
Rental car company was required to maintain statutory minimum insurance coverage for every permissive user. Richard G. Latin, J.