Miriam Parrilla v. John Buccellato, Brooklyn Hospital Center (N.Y. App. Div., 2d Dep’t)
Health – Malpractice
Failure to name doctor as defendant does not warrant dismissal of vicarious-liability claim against hospital.
Henry Lee Dennis v. Rashan Lakhani (N.Y. App. Div., 2d Dep’t)
Torts – Premises Liability
Visitor’s failure to identify cause of fall was fatal to premises-liability claim.
Anonymous 2011-1 v. Anonymous 2011-2 (N.Y. App. Div., 2d Dep’t)
Family Law – Child Custody
Former wife was entitled to a hearing regarding motion to change custody.
In re Meridian Funds Group Securities and Employee Retirement Income Security Act (ERISA) Litigation (S.D.N.Y.)
Labor and Employment – Benefit Plans
ERISA applied to investment fund even though fund was organized in Cayman Islands. Thomas P. Griesa
Kristen Gluck v. Michael Gluck (Sup. Ct., Nassau County)
Family Law – Attorney Fees
Prior counsel’s billing statements did not support husband’s claim for attorney fees. Daniel R. Palmieri
Universal American Corp. v. National Union Fire Insurance Company of Pittsburgh, PA (Sup. Ct., New York County)
Insurance – Property
Computer systems fraud insurance policy did not cover fraudulent claims that were entered by authorized users. O. Peter Sherwood, J.
People v. Stan Hryckowian (Cnty Ct., Sullivan County)
Criminal Justice – Driving While Intoxicated
Guilty verdict was not against weight of the evidence in prosecution for aggravated DWI. Frank J. LaBuda, J.
People v. Shaun Mullally (Sup. Ct., Queens County)
Criminal Justice – Trespass
There was legally sufficient evidence that complainants' house was a dwelling to support trespass conviction. Joseph A. Zayas, J.
Richard L. Brodsky, New York State Assemblyman, From the 92nd Assembly District, in His Official and Individual Capacities, Westchester's Citizens Awareness Network (Westcan), Sierra Club-Atlantic Chapter (Sierra Club), Public Health and Sustainable Energy (PHASE) v. U.S. Nuclear Regulatory Commission, Entergy Nuclear Operations, Inc. (2d Cir.)
Environmental Law – Appeals
Remand to United States Nuclear Regulatory Commission was required. Reena Raggi, Circuit Judge
In Matter of Application of Loevy & Loevy, For A Judgment Pursuant To Article 78 Of The Civil Practice Law And Rules v. New York City Police Department (Sup. Ct., New York County)
Government – Records
Police department failed to articulate factual basis for exemption for documents concerning ongoing investigations. Doris Ling-Cohan, J.