Audi of Smithtown, Inc. v. Volkswagen of America, Inc., d/b/a Audi of America, Inc. (N.Y. App. Div., 2d Dep’t)
Automobile manufacturer’s incentive program violated Dealer Act. William F. Mastro, J.P.
People v. Dominick Vaccaro (Sup. Ct., Bronx County)
Criminal Justice-Double Jeopardy
Continuing trial against defendant under reduced charges did not violate defendant's right against double jeopardy. Richard Lee Price, J.
Allison De Nise v. New York City Transit (Sup. Ct., New York County)
Fact issue existed as to whether driver's negligent operation of bus was proximate cause of infant's injury. Michael D. Stallman, J..
In Matter of Application of Target No. 1954 v. Board of Assessors and/or Assessor Of Town Of Mount Kisco, Board Of Assessment Review (Sup. Ct., Westchester County)
Town’s tax assessment of real value of retail store’s real property was excessive. John R. LaCava, J.
For the People Theatres of NY, Inc., d/b/a Fair Theatre, JGJ Merchandise Corp., d/b/a Vishans Video a/k/a Mixed Emotions v. City of New York, Hon. Michael R. Bloomberg, as Mayor of City of New York, Amanda M. Burden, as Director of City Planning, Department of City Planning of City of New York, Patricia Lancaster, as Commissioner of Buildings, Department of Buildings of City of New York, Ten's Cabaret, Inc., f/k/a Stringfellow's Of New York, Ltd., Pussycat Lounge, Inc., d/b/a "Pussycat Lounge," Church Street Cafe, Inc., d/b/a "Baby Doll", 62-20 Queens Blvd., Inc., d/b/a "Nickels," v. City of New York, Mayor Michael Bloomberg, as Mayor Of City Of New York, Patricia Lancaster, as Commissioner of Department of Buildings of City Of New York (Sup. Ct., New York County)
Civil Rights-Free Speech
Amendments to city zoning regulation restricting adult establishments were unconstitutional violations of free speech. Louis B. York, J.
In re Beatrice Riese, deceased; Roger Mosesson v. Brooklyn Institute of Arts and Sciences, d/b/a Brooklyn Museum (N.Y. App. Div., 1st Dep’t)
Estate Planning and Probate-Gifts
Museum would be regarded as having rejected offer of gift of artwork from decedent’s collection. Friedman, J.P.
People v. Samuel Walker (N.Y.)
Criminal Justice-Searches and Seizures
State trooper was not required to inquire about whether passenger was licensed and authorized to drive car prior to impounding car. Smith, J.
Douglas Elliman LLC v. Franklin Tretter, Sheila Tretter (N.Y.)
Real Property-Agents and Brokers
Agent had no duty to refrain from offering to show other properties to buyers while at open house for agent's clients.
Lori Hoover, Jessica Bowers v. New Holland North America, Inc., f/k/a Ford New Holland, Inc., Case New Holland, Inc., Niagara Frontier Equipment Sales, Inc., f/k/a Niagara Ford New Holland, Inc.; CNH America LLC v. Kyle P. Andrews, Treasurer of Niagara County, as Temporary Administrator for Estate of Gary Hoover, Deceased (Appeal No. 1) (N.Y. App. Div., 4th Dep’t)
Consumer established prima facie case of defective design of digger. Centra, J.P.
Joylaine Realty Co., LLC v. Roshni Samuel (N.Y. App. Div., 2d Dep’t)
Real Property-Landlord and Tenant
Constructive eviction occurred, suspending commercial tenant’s obligation to pay rent. Mark C. Dillon, J.P