MARTINEZ, Carlos, v. SINGER, Richard. (Sup. Ct., New York County)
Transportation – Motor Vehicles
Driver was not comparatively negligent. George J. Silver, J.
MEW Equity LLC, Martin Wydra, Edward Wydra v. Sutton Land Services, L.L.C. d/b/a Sutton Land Title, Sutton Alliance, LLC d/b/a Sutton Land Title, Mendel Brach, Moshe Roth a/k/a Mozes Roth, 222 Skillman LLC, 652 Park, LLC, 519 Marcy LLC a/k/a 519 Marcy Avenue, LLC, B & R Partners LLC, Shlomo USA LLC, Raizy Moskovits, Martin Silverstein, Marcy Towers LLC, JP Morgan Chase Bank National Association, as successor in interest to Washington Mutual Bank, Mendel Brach, Moshe Roth v. Dahill LLC, Hewes LLC (Sup. Ct., Kings County)
Commercial Law – Arbitration
Defendants could assert that arbitration rights were violated even though they had not sought to vacate award. Jack M. Battaglia, J.
US BANK NATIONAL ASSOCIATION, as Trustee, Plaintiff, v. Miguel MADERO, Martha Madero, JP Morgan Chase Bank, N.A., New York City Environmental Control Board, New York City Transit Adjudication Bureau, Jimmy Hutton JD #1, Nicole Hutton JD #2, Defendants. (Sup. Ct., Richmond County)
Real Property – Judgment
Failure to submit certificate of conformity did not warrant exclusion of out-of-state summary-judgment affidavit. Joseph J. Maltese, J.
Lisa Romano v. Chautauqua Opportunities, Inc. (W.D.N.Y.)
Labor and Employment – Discrimination
Supervisors’ alleged comment did not show that non-discriminatory reason for termination was pretext. William M. Skretny, Chief Justice
In re September 11 Litigation; World Trade Center Properties LLC v. American Airlines, Inc.; United Airlines, United Continental Holdings, Inc., United Airlines, Inc., American Airlines, Portland International Jetport, Delta Air Lines, Globe Aviation Services (S.D.N.Y.)
Transportation – Aviation
Airline operator did not owe duty of care to lessee of building that was destroyed in terrorist attack. Alvin K. Hellerstein, District Judge
In Matter of Brian Lutz v. Steven Krokoff, as Chief of Police of City of Albany Police Department (N.Y. App. Div., 3d Dep’t)
Labor and Employment – Public Employment
Summary dismissal of police officer’s employment was unwarranted. Peters, P.J.
Robert D. Flottemesch v. Tomas L. Contreras (N.Y. App. Div., 3d Dep’t)
Transportation – Motor Vehicles
Issue whether motorist suffered serious injury precluded summary judgment. Garry, J.
In Matter of Damian L., Alleged to be a Permanently Neglected Child; Rensselaer County Department of Social Services v. Frederick L. (Proceeding No. 1); In Matter of Quentin L., Alleged to be a Permanently Neglected Child; Rensselaer County Department of Social Services v. Frederick L. (Proceeding No. 2); In Matter of Xavier L., Alleged to be a Permanently Neglected Child; Rensselaer County Department of Social Services v. Frederick L. (Proceeding No. 3) (N.Y. App. Div., 3d Dep’t)
Family Law – Child Protection
Department of social services proved that it made diligent efforts to encourage parent-child relationship. McCarthy, J.
In Matter of Claim of Halina Brzezinski v. Thomas Gambino, Greenhouse Agency Ltd., Workers' Compensation Board (N.Y. App. Div., 3d Dep’t)
Labor and Employment – Workers Compensation
Evidence supported determination that no employer-employee relationship existed. Malone, Jr., J.
New York Mortgage Trust, Inc. v. Adem Dasdemir, Nurten Dasdemir (Sup. Ct., Kings County)
Real Property – Mortgages and Deeds of Trust
Original mortgagee’s nominee lacked authority to transfer promissory note and mortgage. Arthur M. Schack, J.