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New York Decision Roundup - January 14, 2013

1/14/2013 COMMENTS (0)

Matthew Austin, Jordan Haug, Holly Pennington, and Andrew Dructor, on behalf of themselves and all others similarly situated v. Albany Law School of Union University, Does 1-20 (Sup. Ct., Albany County)
Commercial Law-Advertising
Law school's representations regarding graduates' employment were not deceptive practices. Richard M. Platkin, J.

John Swartz, Judy Mayton-Swartz v. Richard Insogna, Kevin Collins (2nd Cir.)
Torts-Malicious Prosecution
Passenger had suffered post-arraignment seizure, as required for malicious prosecution claim under section 1983. Jon O. Newman, Circuit Judge

Villegas v. Malisky (Sup. Ct., N.Y. County)
Torts-Premises Liability
There was no evidence that homeowner was on notice that glass entrance door was defective. Shlomo S. Hagler, J.

Caro v. Marsh USA, Inc. (N.Y. App. Div., 2nd Dep't)
Litigation-Discovery
Requiring depositions to be held at certain office and to be videotaped was appropriate after one attorney struck another. 

Aurora Loan Services, LLC v. Toyin Sobanke (N.Y. App. Div., 2nd Dep't)
Real Property-Mortgages and Deeds of Trust
Sua sponte dismissal of mortgage foreclosure suit was improper.  

Archstone v. Tocci Building Corporation of New Jersey, Inc., Perkins Eastman Architects, Inc., Eldorado Stone, LLC (N.Y. App. Div., 2nd Dep't)
Products Liability-Damages
Economic loss rule barred apartment building owners' negligence cause of action against manufacturer.  

In Matter of Estate of Muriel Donaldson, Deceased (Sur. Ct., Richmond County)
 Estate Planning and Probate-Trusts
Mother did not have requisite mental capacity to execute trust documents. Robert J. Gigante, J.

People v. Martinez (N.Y.)
Criminal Justice-Homicide
Evidence was insufficient to establish defendant's guilt of depraved indifference murder. 

People v. Garcia (N.Y.)
Criminal Justice-Investigatory Stop
An officer who asks a vehicle occupant if he has a weapon must have founded suspicion that criminality is afoot. Ciparick, J.

Metropolitan Taxicab Board of Trade, Midtown Car Leasing Corp, Ronart Leasing Corp., Linden Maintenance Corp. v. New York City Taxi & Limousine Commission, Matthew W. Daus, Commissioner, Chair, Chief Executive Officer of TLC (Sup. Ct., N.Y. County)
Government-Municipalities
Damages sought by taxicab lessors were not incidental damages recoverable in Article 78 proceeding. Michael D. Stallman, J.

 

 


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