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New York Legal

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New York Decision Roundup - December 31, 2012

12/31/2012 COMMENTS (0)

In Matter of Application of Jewish Association for Services for Aged, Community Guardian Program, as Guardian for Sol Rodriguez v. John B. Rhea, as Chairperson and Member of New York City Housing Authority, New York City Housing Authority (Sup. Ct., New York County)
Real Property – Landlord and Tenant
Insanity toll regarding limitations period to bring Article 78 proceeding did not apply to tenant. Arlene P. Bluth, J.
 

Russell Carbone v. Lavina Hurdle, John Doe Jane Doe (Sup. Ct., Nassau County)
Estate Planning and Probate – Powers of Attorney
Power of attorney contained defective acknowledgement. Scott Fairgrieve, J. 
 

Bryan R. Smellie v. Rosalie Santiago, Sief Aldeen B. Sati, Pan Taxi Corp., Kai Yong Tang, Elrac, LLC, Chun Huang, Yam Sze Yi, Diamler Trust (Sup. Ct., Queens County)
Transportation – Trial
Joint trial, not consolidation, was warranted in actions arising from automobile accident. Charles J. Markey, J. 
 

In Matter of Estate of Norman Knox, a/k/a Norman Knox, Jr., Deceased (Sur. Ct., Bronx County)
Estate Planning and Probate – Jurisdiction
Surrogate’s Court had subject-matter jurisdiction over proceeding to turn over annuity payments. Lee L. Holzman, J. 
 

U.S. v. Paul Hagerman (2d Cir.)
Criminal Justice – Sentencing
Court’s failure to offer lengthy explanation did not render sentence procedurally unreasonable
 

Alexandra Gomez-Jimenez v. New York Law School, Does 1-20 (N.Y. App. Div., 1st Dep’t)
Education – Torts
Law school’s disclosures about placement and salaries were not materially deceptive or misleading
 

People v. Marino Molina (N.Y. App. Div., 1st Dep’t)
Criminal Justice – Assault and Battery
Jury instruction on justification pertaining to use of nondeadly physical force was warranted
 

Richard Judge v. City of New York (N.Y. App. Div., 1st Dep’t)
Government – Tort Claims
Inmate assumed risk of injury by voluntarily playing basketball on outside court.
 

Anna Konstantinov v. Richard F. Daines, M.D. (N.Y. App. Div., 1st Dep’t)
Health – Medical Assistance
Medicaid applicants who are in immediate need are entitled to temporary personal care services while applications are pending.
 

Kelly Dunloy v. BGC Financial, L.P., Jean-Pierre Aubin, Cosme Monot (S.D.N.Y.)
Labor and Employment – Arbitration
Discrimination claims did not fall within scope of employment agreement's arbitration clause. Naomi Reice Buchwald, District Judge
 

 


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