In Matter of Application of Coney-Brighton Boardwalk Alliance, an unincorporated association, Robert Burstein, Ida Sanoff, Arlene Brenner, Brunilda Figueroa, Friends Of Boardwalk and Todd Dobrin v. New York City Department Of Parks and Recreation (Sup. Ct., Kings County)
Environmental Law-Impact Statements
Project to repair and replace section of boardwalk in Coney Island was exempt from EIS requirements. Martin M. Solomon, J.
In Matter of Claim of Daisy Rivera v. North Central Bronx Hospital, Workers' Compensation Board (N.Y. App. Div., 3d Dep’t)
Labor and Employment-Workers’ Compensation
Employer had to reimburse treating physician for test, despite workers' compensation claimant's failure to use its provider. Rose, J.
People v. John Doe (N.Y.)
Criminalist's testimony did not violate defendant's Confrontation Clause rights. Barry Kron, J.
Stony Brook Environmental Conservancy, Inc. v. State University of New York (N.Y. App. Div., 2d Dep’t)
Education-Property and Contracts
Sublease of university property was not unlawful disposition of state property to private developer.
People v. Michael Mox (N.Y.)
The court had a duty to inquire further into whether the defendant's guilty plea was knowing and voluntary.
Board of Managers of Bridge Tower Place Condominium v. Starr Associates, LLP, Allan Starr, Evan Schieber, Andrea L. Roschelle (Sup. Ct., New York County)
Law firm’s execution of stipulation of settlement was not reasonable. Melvin L. Schweitzer, J.
Pierre Konowaloff, Paris, France v. The Metropolitan Museum of Art, New York, New York (2d Cir.)
Act of state doctrine precluded action. Kearse, Circuit Judge
IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., Inepar S.A. Industria e Construcoes (N.Y.)
New York choice of law provision in guarantee for $30 million in foreign notes obviated need for conflict of law analysis. Lippman, Chief Judge
In Matter of Echostar Satellite Corporation v. Tax Appeals Tribunal of State of New York (N.Y.)
Taxation-Sales and Use
Provider's purchase of equipment from manufacturers was for resale and not subject to sales or use taxes. Graffeo, J.
Walid Elhanafi and Mohamed Elhanafi, v. Fox Televison Stations, Inc. (a Delaware Corporation), Fox Entertainment Group, Inc. (a Delaware Corporation), Fox Broadcasting Company (a Delaware Corporation), Luke Funk, Pay-O-Matic Check Cashing Corp., Western Union Financial Services, Inc. (a Colorado Corporation) (Sup. Ct., Kings County)
Triable issues of fact existed as to whether news story exposed plaintiffs to hatred, contempt, and ridicule. Arthur M. Schack, J.