Platinum Partners Value Arbitrage Fund LP v. Kroll Associates, Inc. (N.Y. App. Div., 1st Dep’t)
Torts-Fraud
Client failed to state a cause of action for fraud against investigative firm.
Brenda Walton, as Administratrix of Estate of Judith Ann Priester v. David Sohn, M.D. (N.Y. App. Div., 1st Dep’t)
Health-Malpractice
Administratrix failed to show that statute of limitations was tolled by continuous treatment doctrine.
JPMORGAN CHASE BANK, N.A., Plaintiff, v. Beth EISENBERG, Bank of America, N.A., John Does and Jane Does, said names being fictitious, Defendants. (Sup. Ct., Nassau County)
Finance and Banking-Banks
Sanctions would be imposed for bank’s refusal to cosign FEMA checks. F. Dana Winslow, J.
In re Fairfield Sentry Limited (Bankr. S.D.N.Y.)
Bankruptcy-Procedure
Sale did not involve transfer of interest of foreign debtor of property in territorial jurisdiction of the United States. Burton R. Lifland, J.
In Matter of Application of State of New York v. James Bolster, DIN 96B2092, an inmate in custody of New York State Department of Corrections and Community Services, for Civil Management Pursuant to Mental Hygiene Law Article 10 (Sup. Ct., Dutchess County)
Criminal Justice-Venue
Convenience of witnesses was good cause for change of venue for civil commitment proceedings for sex offender. James D. Pagones, J.
Teneyck, Inc. f/k/a Neill Supply Co., Inc. v. Robert D. Rosenberg (Sup. Ct., New York County)
Labor and Employment-Procedure
Doctrine of in pari delicto barred action for breach of employee fiduciary duty. Barbara R. Kapnick, J.
Mohamed Shawkat v. Amiel R. Malak, New Delta, Inc., Delta Auto Group, Malak Malak, Mena Malak, Rezk Malak (Sup. Ct., App. Term, 2nd, 11th and 13th Jud. Dist.)
Real Property-Landlord and Tenant
Oral lease of property was not void as illegal, even if tenants' use of property violated certificate of occupancy.
Cleophas Craigg, D.C. as Assignee of Roosevelt Etienne v. Infinity Select Insurance Company (Sup. Ct., App. Term, 2nd, 11th and 13th Jud. Dist.)
Insurance-Automobile
Florida law applied to New York medical provider's claim to recover assigned first-party no-fault benefits.
Tracey West v. Edwin Young, Ryder Truck Rental, Inc. (Sup. Ct., Suffolk County)
Transportation-Motor Vehicles
Motorist's failure to list claim in her Chapter 13 bankruptcy petition did not deprive her of legal capacity to bring suit. Thomas F. Whelan, J.
Paulin Shabaj v. Eric H. Holder, Jr., Attorney General, Department of Homeland Security, Janet Napolitano, Secretary, Department of Homeland Security, U.S. Citizenship and Immigration Services, Lori Scialabba, Deputy Director, U.S. Citizenship and Immigration Services, Andrea Quarantillo, District Director, New York District Office, Perry Rhew, Chief, Administrative Appeals Office (2d Cir.)
Immigration-Deportation or Removal
District court lacked subject matter jurisdiction to review United States Citizenship and Immigration Services (CIS) decision denying application for waiver of inadmissibility.