Mark Gardner, Joanne Gardner v. Jonathan C. Perrine, Sealand Contractors Corp. (N.Y. App. Div., 4th Dep’t)
Torts – Negligence
Contractor failed to show that intervening acts of engineer and motorist were unforeseeable and extraordinary acts.
In Matter of Christin Ameilynn Schnock v. George Brian Sexton (N.Y. App. Div., 3d Dep’t)
Family Law – Child Custody
Mother was entitled to full evidentiary hearing regarding petition to modify custody.
In Matter of Frank DiDomenico, deceased; Maria Maiorano v. Lydia T. DiDomenico (N.Y. App. Div., 2d Dep’t)
Estate Planning and Probate – Wills
Testator’s companion proved that will was not product of undue influence.
Brad J. Jacobs v. Northwestern Mutual Life Insurance Company (N.Y. App. Div., 2d Dep’t)
Insurance – Disability
Surgeon was disabled before his medical license was suspended. Balkin, J.
Olin Corporation v. American Home Assurance Company, Olin-Hunt Specialty Products Inc., OneBeacon American Insurance Company, referred to in this litigation as commercial Union Insurance Company, Insurance Company of North America, Hanover Insurance Company, as successor to Massachusetts Bonding and Insurance Company, American Re-Insurance Company, Certain Underwriters at Lloyds London and London Market Insurance Companies, London Market Insurance Companies, Commercial Union Insurance Company, as successor to Employers Liability Assurance Corporation Ltd., Employers Commercial Union Insurance Company America, Continental Casualty Company, Employers Insurance of Wausau, C.E. Health Compensation & Liability Insurance Co., as successor to Falcon Insurance Company, successor to Employers Surplus Lines Insurance Company, Federal Insurance Company, Fireman's Fund Insurance Company, Great American Insurance Company, Lexington Insurance Company, London & Edinburgh Insurance Company Limited, Capital Markets Assurance Corp., as successor to National American Insurance Company of New York, successor to Stuyvesant Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, North River Insurance Company, Allstate Insurance Company a/s/o Marco Del Gado, as successor to Northbrook Excess and Surplus Insurance Company, Employers Insurance Company of Wausau, OneBeacon America Insurance Company, formerly referred to in this litigation as Commercial Union Insurance Company, Aetna Casualty & Surety Company, General Reinsurance Corporation, Government Employees Insurance Company, Granite State Insurance Company, Home Insurance Company, Indemnity Insurance Company of North America, Integrity Insurance Company, Greenwich Insurance Company, as successor to Harbor Insurance Company, National Casualty Company, Transit Casualty Company, AIU Insurance Company, Continental Corporation, Government Employees Insurance Company, Granite State Insurance Company, Harbor Insurance Company, National American Insurance Company of California, as successor to Stuyvesant Insurance Company, National Casualty Company, New York Property/Casualty Insurance Security Fund, Century Indemnity Company, as successor to Insurance Company of North America (N.Y. App. Div., 2d Dep’t)
Insurance – Excess and Umbrella
Continuing-coverage provision of excess insurance policies required insurer to indemnify insured. Droney, Circuit Judge
Anneli Bailey v. New York State Division of Human Rights and Libeco Lagae, Inc (Sup. Ct., New York County)
Labor and Employment – Discrimination
Female employee’s discrimination complaint was within jurisdiction of Division of Human Rights. Peter H. Moulton, J.
WASHINGTON MUTUAL BANK f/k/a Washington Mutual Bank, FA, Plaintiff, v. William M. DRATEL, Sharyn L. Lawall, Mortgage Electronic Registration Systems, Inc. as Nominee and Mortgagee of Record, America's Wholesale Lender, the Bridgehampton National Bank, MCM Home Inc., John Does and Jane Does, said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien (Sup. Ct., Suffolk County)
Real Property – Dismissal
Dismissal of mortgage foreclosure action for failure to prosecute was unwarranted. J. John J.J. Jones, Jr., J.
Erisbel Garcia Martinez v. Laurie Scarantino (Just. Ct. Town of Webster)
Real Property – Vendor and Purchaser
Prospective purchaser’s failure to close on sale was not justified. Thomas J. DiSalvo, J.
Munther Nishiewat and Four Seasons Deli & Groceries, Inc. v. Preferred Mutual Insurance Company (Sup. Ct., Dutchess County)
Insurance – Property
Issue whether delay in issuance of denial of claim resulted from prompt investigation precluded summary judgment. James D. Pagones, J.
Michael Myers v. Hon. Sara Sperazza (W.D.N.Y.)
Government – Immunity
Sex offender’s claims against state judge were barred by doctrine of absolute judicial immunity. John Curtin, District Judge