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New York Decision Roundup - December 6, 2012

12/6/2012 COMMENTS (0)

Michael Grucci v. Christine Grucci  (N.Y.)
Torts-Malicious Prosecution
Court did not abuse its discretion in requiring more foundation than representation that recording was “fair and accurate.” 
 

 

Starr International Co., individually and derivatively o/b/o American International Group, Inc. v. Federal Reserve Bank of New York, American International Group, Inc. (S.D.N.Y.)
Finance and Banking-Banks
Organization's major stockholder failed to state breach of fiduciary claim against Federal Reserve Bank of New York (FRBNY). Paul A. Engelmayer, J.
 

 

J. D'Addario & Company, Inc. v. Embassy Industries, Inc. (N.Y.)
Litigation-Interest
Contract did not allow for award of statutory prejudgment interest following purchaser's default. Lippman, Chief Judge 
 

 

People v. Timothy Sisler (N.Y. App. Div., 4th Dep’t)
Criminal Justice-Sentencing
Sentence for sexual abuse in the first degree was unduly harsh and severe. Centra, J.P. 
 

 

People v. Glendine Harper (N.Y. App. Div., 2d Dep’t)
Criminal Justice-Searches and Seizures
Warrantless search of defendant's apartment was not justified by exigent circumstances. Daniel D. Angiolillo, J.P.  
 

 

In Matter of Nina Abrams, a/k/a Nina Hannah Abrams, deceased; Robert E. Abrams v. Estate of Nina Abrams (N.Y. App. Div., 2d Dep’t)
Estate Planning and Probate-Wills
Decedent's son never made a demand for payment of the bequests under decedent's will. Anita R. Florio, J.P.  
 

 

S.B. v. W.A. (Sup. Ct., Westchester County)
Family Law-Procedure
Court recognized divorce decree entered in Abu Dhabi. Francesca E. Connolly, J. 
 

 

Costco Wholesale Corporation v. Kristen Rendina and Salvatore Lume (Dist. Ct., Nassau County)
Torts-Fraud
Fraud action was precluded, pursuant to collateral estoppel, by credit card company's resolution of dispute. Michael A. Ciaffa, J. 
 

 

DUTCHMAN CONTRACTING, INC., Plaintiff, v. Blanche M. WILLIAMS and James R. Williams, II and John Does No. 1 through John Does No. 5 (such names being fictitious and intended to refer to all other parties who may have an interest in or lien upon the premises sought to be foreclosed herein), Defendants. (Sup. Ct., New York County)
Real Property-Arbitration
Contract for renovation of apartment indicated that method of binding dispute resolution should be arbitration. Kathryn E. Freed, J. 
 

 

East 10th Street LLC v. Yetta Garcia (Civ. Ct., City of New York)
Real Property-Landlord and Tenant
Tenant’s guardian ad litem would not be removed. Sabrina B. Kraus, J.  
 


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