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New York Decision Roundup - January 22, 2013

1/22/2013 COMMENTS (0)

 

People v. Timothy Brown (Sup. Ct., Kings County)
Criminal Justice-Witnesses
People would be allowed to introduce into evidence on their direct case various out-of-court statements made by the victim. Guy J. Mangano, J. 
 

W2007 Monday 230 Park Mezz II, LLC v. Landesbank Baden-Wuerttemberg (Sup. Ct., New York County)
Commercial Law-Contracts
Vendor’s allegations supported breach of contract claim. O. Peter Sherwood, J. 
 

People v. Graham Reid (N.Y. App. Div., 1st Dep’t)
Criminal Justice-Searches and Seizures
Officer had probable cause to arrest defendant for driving while intoxicated, justifying patdown search. Saxe, J. 
 

Michael LOPEZ, Plaintiff, v. Eli ANKER, M.D., Eli Anker, M.D., P.C., and Good Samaritan Hospital, Defendants. (Sup. Ct., New York County)
Litigation-Venue
Defendant’s filing of motion to change venue in wrong court did not extend time in which he could file motion. Alice Schlesinger, J.
 

In Matter of Nirmal S. (Anonymous) v. Rajinder K. (Anonymous) (N.Y. App. Div., 2d Dep’t)
Family Law-Guardians
Facts did not support finding that reunification with one or both parents was not viable.
 

In Matter of Nicholas Pinnetti v. Zoning Board of Appeals of Village of Mount Kisco (N.Y. App. Div., 2d Dep’t)
Real Property-Zoning and Planning
Finding that detriment to community outweighed benefit of granting area variance was not arbitrary and capricious
 

In Matter of Barbara Gray v. Suzanne Varone (Proceeding No. 1); In Matter of Barbara Gray v. Robert Varone (Proceeding No. 2) (N.Y. App. Div., 2d Dep’t)
Family Law-Visitation
Grandmother established prima facie case of standing to seek visitation with grandchild.
 

Michael Gaspar v. Pace University (N.Y. App. Div., 2d Dep’t)
Torts-Premises Liability
Fall from a ladder was not sufficient to impose liability under the scaffold law.
 

In re Greenwich Sentry, L.P.; Christopher McLaughlin Keough, Quantum Hedge Strategies Fund, LP, SIM Hedged Strategies Trust v. 217 Canner Associates, LLC, Liquidating Trustee (S.D.N.Y.)
Bankruptcy-Plans
Court did not abuse its discretion in extending bar date to file proofs of interest. Castel, J. 
 

Miriam Katz v. Abraham Katz (Sup. Ct., Kings County)
Family Law-Child Custody
It was not in child’s best interests to require him to travel to Israel for uncle’s wedding. Jeffrey S. Sunshine, J. 
 

 


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