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New York Legal

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New York Decision Roundup - February 1, 2013

2/1/2013 COMMENTS (0)

Sutter Medical Care P.C. a/a/o Atisha Grant v. Progressive Casualty Ins. Co. (Dist. Ct., Nassau County)
Insurance – Judgment
Unpled defenses of res judicata and collateral estoppel could be considered when deciding summary-judgment motion. Michael A. Ciaffa, J. 
 

Kristina Lynn B. v. Joseph T.M. (Fam. Ct., Albany County)
Family Law – Child Support
Agreement that mother would pay child’s private school tuition was irrelevant to outcome of father’s objections. W. Dennis Duggan, J. 
 

Broadcast Music, Inc., MJ Publishing Trust v. Metro Lounge & Cafe LLC, d/b/a/ Metro Sushi Bar & Lounge, Sammer Essi, individually, Gabriel J. Sande, individually (N.D.N.Y.)
Copyrights – Damages
Holder of copyrights to songs was entitled to award of $8,000 in statutory damages. Norman A. Mordue, District Judge 
 

People v. Jordan P. Solomon (Just. Ct., Inc. Vill. of Muttontown)
Criminal Justice – Traffic Offenses
Officer’s estimate of speed of defendant’s vehicle was sufficient to support conviction. Martin I. Kaminsky, J. 
 

In re WorldCom, Inc.; Communications Network International, Ltd. v. MCI WorldCom Communications, Inc., f/k/a WorldCom Technologies, Inc. (2d Cir.)
Bankruptcy – Appeals
Reopening time to file appeal was abuse of district court’s discretion. Lewis A. Kaplan, District Judge 
 

ASR Levensverzekering NV v. Breithorn ABS Funding p.l.c., Swiss Re Financial Products Corporation (N.Y. App. Div., 1st Dep’t)
Securities Regulation – Fraud
Plaintiffs could not prove reasonable reliance on broker quotes
 

People v. Lionel McCray (N.Y. App. Div., 1st Dep’t)
Criminal Justice – Burglary
Hotel's employee locker room and museum located in same building as hotel were dwellings under burglary statute
 

Mee Direct, LLC v. Automatic Data Processing, Inc. (N.Y. App. Div., 1st Dep’t)
Commercial Law – Indemnity
Settlement of class action did not bar customer from seeking common-law indemnification
 

Boris SIYUNOV, an infant, by his Mother and Natural Guardian, Zhanna Kandkhorova, Plaintiff, v. JAZZ LEASING CORP., Badar R. Shakil, Alfonsina Perez and Colin Kang Xie, Defendants (Sup. Ct., Queens County)
Transportation – Motor Vehicles
Issue whether passenger in taxi cab sustained serious injury precluded summary judgment. Robert J. McDonald, J. 
 

Sutter Medical Care P.C. a/a/o Atisha Grant v. Progressive Casualty Ins. Co. (Sup. Ct., Nassau County)
Insurance – Judgment
Unpled defenses of res judicata and collateral estoppel could be considered when deciding summary-judgment motion. Michael A. Ciaffa, J. 
 

 


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