Joann R. Gaudio v. Darlene A. Staring, Eric G. Staring, Joann R. Gaudio, Julian Mader; Joann R. Gaudio v. Julian Mader (Sup. Ct., Albany County)
Transportation – Motor Vehicles
Issue whether motorist sustained further injury in second accident precluded summary judgment. Michael C. Lynch, J.
People v. Troy Porter (Sup. Ct., Bronx County)
Criminal Justice – Postconviction Relief
Claim in postconviction relief proceeding should have been raised on direct appeal. Richard Lee Price, J.
In Matter of Application of Edward John Noble Hospital Of Gouverneur, New York, a Beneficiary Under Last Will and Testament of Clayton F. Rush, Pearl M. Orvis, Ione W. Rodger, all Deceased, for a Modification of Restrictions on Their Bequests Under Section 8 1.1(c) of Estates, Powers and Trusts Law of State of New York (Sup. Ct., St. Lawrence County)
Estate Planning and Probate – Trusts
Cy pres doctrine permitted hospital to modify terms of trusts. David Demarest, J.
Kurtis R. Madden, a Minor, by his Mother and Natural Guardian, Wendy L. Madden and Wendy L. Madden, Individually v. Town of Greene, Dean Calice, Chris Freeman (Sup. Ct., Chenango County)
Government – Tort Claims
Ninety-day period to file notice of claim regarding guiderail began when accident occurred. Phillip R. Rumsey, J.
Neal G. McCabe v. Ernst G. Green (Sup. Ct., New York County)
Commercial Law – Commercial Paper
Maker of promissory notes sufficiently asserted the defense of fraudulent inducement. Carol R. Edmead, J.
In re Central Park Estates, LLC (Bankr. S.D.N.Y.)
Bankruptcy – Dismissal
Filing of baseless involuntary petition warranted dismissal nunc pro tunc to date of filing. Cecelia G. Morris, Chief United States Bankruptcy Judge
Mark B. Yedlin v. Edward Lieberman (N.Y. App. Div., 2d Dep’t)
Labor and Employment – Injunction
Former employee demonstrated likelihood of success on the merits of claim regarding restrictive covenant.
In Matter of Ariel P. (Anonymous); Administration for Children's Services v. Lisa W. (Anonymous) (N.Y. App. Div., 2d Dep’t)
Family Law – Child Protection
Evidence did not support finding that mother failed to provide acceptable course of treatment for child.
Gerald Gagliardi v. Preferred Mutual Insurance Company, Coughlin Enterprises, Inc., d/b/a Robert B. Collins Agency (N.Y. App. Div., 2d Dep’t)
Insurance – Agents and Brokers
Issue whether insureds made explicit request for specific amount of coverage precluded summary judgment.
NYKCool A.B. v. Pacific Fruit, Inc., Kelso Enterprises Ltd. (2d Cir.)
Maritime Law – Arbitration
There was no manifest disregard of the law in panel's conclusion that contract was formed.