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New York Decision Roundup - December 20, 2012

12/20/2012 COMMENTS (0)

 

 

 

Michail PEREVERZEV, Plaintiff, v. Debra M. COLLINS, Robert F. Collins, Diana E. Manister and Steve K. Cialino, Defendants (Sup. Ct., Richmond County)
Transportation-Motor Vehicles
Defense expert failed to disclose tests used to arrive at conclusion that plaintiff did not sustain serious injury. Joseph J. Maltese, J. 
 

Nai Hua LI, Dong Me Li, and Ran Li, Plaintiffs, v. SUPER 8 WORLDWIDE, INC., Wyndham Hotel Group, LLC, and Golden Ocean International, Inc., Defendants. (Sup. Ct., Richmond County)
Torts-Emotional Distress
Plaintiffs’ failed to allege how their physical safety was endangered, or what caused them to fear for their own safety. Joseph J. Maltese, J. 
 

Geoffrey Osberg, o/b/o himself and all others similarly situated v. Foot Locker, Inc., Foot Locker Retirement Plan (S.D.N.Y.)
Labor and Employment-Benefit Plans
Harm employee alleged with regard to requested equitable remedies was entirely speculative rather than actual. Katherine B. Forrest, J. 
 

U.S. v. Lamont Ferguson (2d Cir.)
Criminal Justice-Confessions
Public safety exception to Miranda applied where gun was unaccounted for one hour after defendant's arrest. Katzmann, Circuit Judge 
 

Union Carbide Corporation v. Affiliated FM Insurance Company, Columbia Casualty Company (N.Y. App. Div., 1st Dep’t)
Insurance-Liability
Damages claims were result of “occurrence” and thus policy provided coverage
 

Administration Proceeding, Estate of Shoichiro HAMA, Deceased. Matashichiro Hama and Sumiko Hama, Plaintiffs, v. Riversource Life Insurance Company of New York and Yuko Machida, Defendants. (Sur. Ct. New York)
Estate Planning and Probate-Intestacy
Letters of administration would be issued to decedent’s parents, despite evidence that decedent consented to wife’s departure. Glen, S. 
 

In re RCN Telecom Services of New York, LP v. David M. Frankel (N.Y. App. Div., 1st Dep’t)
Taxation-Real Property
Companies' backup power equipment was assessable as real property
 

People v. Andrew DeDona (N.Y. App. Div., 2d Dep’t)
Criminal Justice-Sex Offenders
Police officer posing as fictitious underage girl on Internet qualified as victim under Sex Offender Registration Act. Eng, J. 
 

In the Matter of the Application of THE NEW YORK FOUNDATION FOR SENIOR CITIZENS, Guardian Services, Inc., as the Mental Hygiene Law Article 81 Guardian for, Melody Coleman, Petitioner, v. John B. RHEA, as Chairperson of the New York City Housing Authority, and the New York City Housing Authority (NYCHA), Respondents. (Sup. Ct., New York County)
Real Property-Subsidized Housing
Four-month period to challenge Housing Authority’s determination was tolled due to tenant’s incapacity
 

In Matter of State of New York v. John P. (Anonymous) (N.Y.)
Health-Mental Health
Respondent did not have statutory right to counsel at psychological examination before SOMTA petition was filed
 


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