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New York Legal

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New York Decision Roundup - January 28, 2013

1/28/2013 COMMENTS (0)

 

Courtney Linde v. Arab Bank, PLC; The Hashemite Kingdom of Jordan (2d Cir.)
Litigation-Sanctions
Sanctions order was not subject to appeal under the collateral order doctrine. Susan L. Carney, Circuit Judge 
 

In Matter of Petition for Appointment of an Umpire in Arbitration Between American Home Assurance Company and National Union Fire Insurance Company Of Pittsburgh, P.A., Clearwater Insurance Company (f/k/a Odyssey Reinsurance Corporation, Skandia America Reinsurance Corporation) (Sup. Ct., New York County)
Insurance-Arbitration and Appraisal
Umpire in arbitrations related to three reinsurance treaties could be chosen before the arbitration commenced. Michael D. Stallman, J. 
 

Gina L. Fawcett, as Parent and Natural Guardian of John Fawcett, Jr., an Infant, Gina L. Fawcett, Individually v. Nicholas Altieri, Gerard L. Altieri, as Parent and Natural Guardian of Nicholas Altieri, an Infant, Laura M. Altieri, as Parent and Natural Guardian of Nicholas Altieri, an Infant, St. Joseph By The Sea High School (Sup. Ct., Richmond County)
E-Commerce-Privacy
Sufficient factual basis was lacking to compel discovery of social media accounts of student injured in altercation. Joseph J. Maltese, J. 
 

Kevine Wade v. Bovis Lend Lease LMB, Inc., 24 East 23rd Commercial, LLC, Atlantic Hoisting & Scaffolding, LLC; Bovis Lend Lease LMB, Inc. v. Century Maxim Construction Corp., High Rise Hoisting and Scaffolding Inc. (N.Y. App. Div., 1st Dep’t)
Real Property-Contractors and Developers
Worker could recover from company which installed hoist under scaffold law
 

In Matter of a Permanency Hearing Held Pursuant to Article 10-A of Family Court Act Concerning Child Angel P. (Fam. Ct., Clinton County)
Family Law-Child Protection
County department of social services lacked rational basis for denying SCRAM device to father. Timothy J. Lawliss, J. 
 

Gumercinda Lopez and Nidia Poitan v. Shauna Podgurski (Cnty. Ct., Suffolk County)
Litigation-Settlements
Misunderstanding between motorist and attorney was not mistake invalidating settlement agreement. Andrew G. Tarantino, J. 
 

Keith Short, Fair Housing Justice Center, Inc. v. Manhattan Apartments, Inc., Abba Realty Associates, Inc. (S.D.N.Y.)
Real Property-Agents and Brokers
Real estate broker discriminated against prospective tenants on basis of source of income. Samuel Conti, J. 
 

Jaenean Ligon, individually and o/b/o her minor son, J.G., Fawn Bracy, individually and o/b/o her minor son, W.B., Jacqueline Yates, Letitia Ledan, Roshea Johnson, Kieron Johnson, Jovan Jefferson, A.O., by his parent Dinah Adames, Abdullah Turner, Fernando Moronta, Charles Bradley, individually and o/b/o a class of all others similarly situated v. City of New York, Raymond W. Kelly, Commissioner of the New York City Police Department, Police Officer Johnny Blasini, Police Officer Gregory Lomangino, Police Officer Joseph Koch, Police Officer Kieron Ramdeen, Police Officer Joseph Bermudez, Police Officer Miguel Santiago, Police Officers John Doe 1-12 (S.D.N.Y.)
Civil Rights-Searches and Seizures
City residents were entitled to preliminary injunction in § 1983 action challenging police department's practice of making unlawful stops. Shira A. Scheindlin, J. 
 

People v. Kevin King (N.Y. App. Div., 1st Dep’t)
Criminal Justice-Evidence
Complainant’s training receipt was properly admitted as a business record
 

Martin Yoselovsky v. The Associated Press (S.D.N.Y.)
Labor and Employment-Discrimination
Employer was entitled to summary judgment on claims of religious discrimination under Title VII, NYSHRL, and NYCHRL. Frank Maas, United States Magistrate Judge  
 

 


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