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New York Legal

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New York Decision Roundup - January 30, 2013

1/30/2013 COMMENTS (0)

Eric Scheffield v. Vestal Parkway Plaza, LLC, BRRS Associates (N.Y. App. Div., 3d Dep’t)
Torts-Premises Liability
Telephone company employee stated claim against former owners of property for alleged creation of dangerous condition on property. Stein, J. 
 

U.S. v. Walter Wilson (S.D.N.Y.)
Criminal Justice-Confessions
The public safety exception to the requirement of Miranda warnings prior to custodial interrogation did not apply. Robert P. Patterson, Jr., J. 
 

In Matter of Application of Town of Covert v. New York State Department of Health (Sup. Ct., Seneca County)
Health-Industry Regulations
Department of Health acted arbitrarily and capriciously in not granting ambulance service certificate to town that encompassed village within its borders. Dennis F. Bender, J. 
 

Sabrina Friedman v. Marc Friedman (Sup. Ct., Kings County)
Family Law-Child Support
Husband failed to show a substantial change in circumstances as would warrant modification of child support order. Jeffrey S. Sunshine, J. 
 

Quadrant Management Inc. v. John Hecker, Maxine Shriber (N.Y. App. Div., 1st Dep’t)
Commercial Law-Loans
Payor's claim for deferred compensation in separate action did not affect his obligations under note
 

Rosemond BARNEY-YEBOAH, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD d/b/a MTA Metro-North Commuter Railroad (Metro-North), Defendants. (Sup. Ct., New York County)
Transportation – Railroads
Summary judgment as to liability based on doctrine of res ipsa loquitur was unwarranted. Joan A. Madden, J. 
 

Local Union 36, International Brotherhood of Electrical Workers, AFL-CIO, Rochester Gas & Electric Corp. v. National Labor Relations Board (2d Cir.)
Labor and Employment – Collective Bargaining
Employer was required to bargain over effects of decision to change vehicle policy. Jose A. Cabranes, Circuit Judge 
 

Quoizel, Inc. v. Hartford Fire Insurance Company (N.Y. App. Div., 1st Dep’t)
Insurance – Property
Issue whether insured could be deemed manufacturer of damaged stock precluded summary judgment
 

People v. Devon Singleton (N.Y. App. Div., 1st Dep’t)
Criminal Justice – Evidence
Evidence relating to defendant's arrest in Maryland was admissible to show consciousness of guilt
 

Ana Gamarra GONZALEZ, Plaintiff, v. 45-35 REALTY LLC and Slade Industries Inc., Defendants. (Sup. Ct., Queens County)
Real Property – Landlord and Tenant
Issues as to whether apartment building’s elevator was defective precluded summary judgment. Howard G. Lane, J. 
 

 


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