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New York Decision Roundup - January 11, 2013

1/11/2013 COMMENTS (0)

Robert E. Wilson, III, Langrock Sperry & Wool, LLP, Lankford & Reed, PLLC v. Citigroup, N.A., f/k/a Citibank, N.A., International Equity Investments, Inc., Citigroup Venture Capital International Brazil, LLC, Citigroup Venture Capital International Brazil, LP, Daniel Valente Dantas, Opportunity Equity Partners, Ltd., Opportunity Equity Partners, L.P., Opportunity Invest II, Inc., Opportunity Harvest II, Inc. LLC, Citigroup Venture Capital International Brazil, LP, Daniel Valente Dantas, Opportunity Equity Partners, Ltd., Opportunity Equity Partners, L.P., Opportunity Invest II, Inc., Opportunity Harvest II, Inc. (2nd Cir.)
 Litigation-Sanctions
There was no clear evidence that counsel's actions were entirely without color or were taken for improper purposes, as required for bad-faith sanctions. 

People v. Mays (N.Y.)
 Criminal Justice-Trial
Court allowing prosecutor to talk with jury did not amount to failure to provide defense counsel opportunity to respond.  

People v. Leontiev (District Court, Nassau County, First District)
 Criminal Justice-Motor Vehicles
Traffic information, charging defendant with refusing to take breath test, was facially sufficient. Andrew M. Engel, J.

Guryev v. Tomchinsky (N.Y.)
 Real Property-Condominiums
Condominium's Board of Managers and its managing agent were not subject to Labor Law liability. Read, J.

In re Joshua F. Fialkowski (Bankr. W.D.N.Y.)
 Bankruptcy-Case Administration
Trustee could not administer bank account where no other creditor would benefit therefrom. Michael J. Kaplan, J

In Matter of Examination of Annual Inventory and Account of John Martin, Betty Martin, Nancy Burner, Esq. as Co-Trustees of John Martin, Jr. Special Needs Trust, John Martin, Betty Martin Special Guardians of Property, Co-Guardians of Personal Needs of John Martin, Jr., An Incapacitated Person (Sup. Ct., Suffolk County)
 Estate Planning and Probate-Trusts
Letter-agreement regarding budget for trust did not foreclose Court from reviewing whether expenditures were proper. Martha L. Luft, J.

Larry Scarlino, Michael Kenny, Michelle Keller v. Behrouz Fathi, Frank Thomas, as Chairman of Executive Committee of Civil Service Technical Guild, Local 375, American Federation of State, County and Municipal Employees, Thomas Constantine, as Treasurer of Civil Service Technical Guild, Local 375, American Federation of State, County and Municipal Employees (Sup. Ct., New York County)
 Labor and Employment-Concerted Activities
Union constitution prevented a person convicted of any crime of dishonesty at any time in past from holding union office. Lucy Billings, J.

In Matter of Estate of Andrew B. Stroud (Sur. Ct., Bronx County)
 Legal Services-Attorney Fees
Attorney sought impermissible advisory opinion. Lee L. Holzman, J.

Trezza v. Trezza (N.Y. App. Div., 2nd Dep't)
 Health-Medical Assistance
Medicare Act preempted state statute protecting personal injury settlements from certain subrogation or reimbursement claims. Dickerson, J.

Biscone v. Jetblue Airways Corp. (N.Y. App. Div., 2nd Dep't)
 Transportation-Aviation
Except for negligence claims for personal injuries, Airline Deregulation Act preempted passengers' state–law tort claims. Austin, J.



 


 



 

 


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