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New York Decision Roundup - January 29, 2013

1/29/2013 COMMENTS (0)

AGCS Marine Insurance Company v. Bayview Real Estate Consultants, Inc., Bayview Real Estate Consultants, Inc, MT. Hawley Insurance Company and City Underwriting Agency, Inc. (Civ. Ct., City of New York, Bronx County)
Insurance – Agents and Brokers
Broker had no duty to procure inland marine insurance. Joseph E. Capella, J. 
 

People v. Ladrice A. Thomas (Sup. Ct., Suffolk County)
Criminal Justice – Indictment and Information
Accusatory instruments failed to specifically identify defendant. William G. Ford, J. 
 

Debra L. Goodnough v. Commissioner of Social Security (N.D.N.Y.)
Social Security – Disability Benefits
ALJ's credibility determination was supported by substantial evidence. Lawrence E. Kahn, District Judge
 

Professor Louise-Anne McNutt v. Philip Nasca, individually and as Dean of the School of Public Health, State University of New York At Albany (N.D.N.Y.)
Education – Labor and Employment
Issues as to whether female professor was paid less for substantially same work precluded summary judgment. Mae A. D'Agostino, District Judge 
 

Barbara Martino, Joseph Martino v. Robert Morgantini, R.N.F.A., Hudson Valley Center At Saint Francis, L.L.C., Mid Hudson Medical Group, P.C., Vassar Brothers Hospital, Spyros Panos, M.D. (Sup. Ct., Dutchess County)
Health – Pleadings
Patient was not entitled to amend complaint to add fraud claim against surgical nurse. Lewis Jay Lubell, J. 
 

MP Associates Suffolk, Inc., Haluk Dincsalman, Action No. 1 v. Americana Petroleum Corporation, Miller Beach Commons, Inc.; Americana Petroleum Corporation v. Er-Hal Management (Sup. Ct., Suffolk County)
Business Organizations – Shareholders
Confession of judgment and assignment of lease that were signed by one shareholder were not void. Joseph C. Pastoressa, J. 
 

In Matter of Claim of Lucy Lopez, Commissioner of Labor (N.Y. App. Div., 3d Dep’t)
Labor and Employment – Unemployment Compensation
Evidence did not support conclusion that claimant engaged in disqualifying misconduct.
 

Zere Real Estate Services, Inc., f/k/a Zere Associates, Inc. v. Parr General Contracting Company, Inc. (N.Y. App. Div., 2d Dep’t)
Real Property – Brokers and Agents
Admission of clients’ owner supported conclusion that broker was procuring cause of contract
 

Flushing Plaza Associates #2 v. Warren S. Albert, d/b/a W.S. Albert Enterprises, Inc., d/b/a NY Injury Center (N.Y. App. Div., 2d Dep’t)
Business Organizations – Piercing Corporate Veil
Piercing the corporate veil was warranted regarding corporation that failed to pay rent.
 

JBGR LLC, Elliot WR Golf LLC, Insure New York Agency Llc, Hurney WR Golf LLC, Dempsey WR Golf LLC, Walsh WR Golf LLC v. Chicago Title Insurance Company (Sup. Ct., Suffolk County)
Insurance – Title
Disputes as to whether developer’s knowledge of declaration could be imputed to insureds precluded dismissal. Elizabeth H. Emerson, J. 
 

 


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