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New York Legal

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New York Decision Roundup - December 19, 2012

12/19/2012 COMMENTS (0)

Christina ORLANDO, an infant under the age of eighteen by her mother and natural guardian, Laura L. Orlando, and Laura L. Orlando, individually, Plaintiffs, v. Shaylin A. GRAHAM, Defendant. (Sup. Ct., Suffolk County)
Transportation-Motor Vehicles
Skateboarder did not sustain serious injury when she was struck by motor vehicle. Joseph C. Pastoressa, J. 
 

People v. David Fuller-Gist (Crim. Ct., City of New York)
Criminal Justice-Traffic Offenses
Information charge of leaving scene of accident involving physical injury without reporting was facially insufficient. Evelyn J. Laporte, J. 
 

Hudson Hills Tenant Corp. v. Paul Stovel  (Sup. Ct., 9th and 10th Jud. Dist.)
Real Property-Landlord and Tenant
Summary judgment affirmation by landlord's attorney lacked personal knowledge of facts to demonstrate tenant's breach of lease
 

Flushing Traditional Acupuncture, P.C. as Assignee of Mark Matthews v. Infinity Group  (Sup. Ct., 2d, 11th and 13th Jud. Dist.)
Insurance-Automobile
Insurer was not entitled to refuse payment on other claims based on argument that insured exhausted benefits under policy
 

In Matter of Robert T. (Anonymous) v. Christine A. Sproat  (N.Y. App. Div., 2d Dep’t)
Health-Mental Health
Ex parte enforcement clause included in order of conditions entered upon defendant's release violated due process. Austin, J. 
 

QUICK RESPONSE COMMERCIAL DIVISION, LLC, Plaintiffs, v. ADIRONDACK NOTE BUYERS, INC., Defendant-Third Party Plaintiff, v. Historic Pastures Homeowners Association, Inc.; Lawrence Brady; John Doe Number I through John Doe Number 10, John Doe Number 1 through John Doe Number 10 being fictitious and intended to constitute the directors of Historic Pastures Homeowners, Inc.; Highlander Associates; Gilda Tavarez; and Marvin Peavy; Historic Pastures (Sup. Ct., Albany County)
Torts-Trespass
Neighboring unit owner who did not personally perform plumbing work was not liable for trespass. Joseph C. Teresi, J. 
 

Jay Gusler v. The City of Long Beach, The Long Beach Volunteer Fire Department, The Long Beach Police Department, Charles Theofan, Garret Rooney, Lisa Hirsch, Corey Klein, Robert Agostisi, Marco Passaro, John Gargan, Scott Kemins, Stephen Fraser, John McLaughlin, Michael Gelberg, Timothy Radin (2d Cir.)
Civil Rights-Procedure
Notice of appeal did not specifically identify appellant or appellants, barring Court of Appeals jurisdiction in § 1983 suit. Dennis Jacobs, Chief Judge 
 

People v. Dale Bradley (N.Y.)
Criminal Justice-Homicide
Evidence that defendant had previously stabbed man did not have any probative value to disprove justification claim. Lippman, Chief Judge
 

In the Matter of the Application of Camille DESVARIEUX, Petitioner, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Dennis M. Walcott Chancellor, New York City Department of Education, City of New York, Respondents. (Sup. Ct., Queens County)
Education-Labor and Employment
Hearing officer’s determination upholding teacher’s termination was not totally irrational. Robert J. McDonald, J. 
 

People v. Harry Diviesti  (N.Y. App. Div., 3d Dep’t)
Criminal Justice-Searches and Seizures
Police officer had reasonable suspicion to detain defendant for showup identification. Rose, J. 
 

 


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