Elena Nadal v. Ana M. Jaramillo (N.Y. App. Div., 2d Dep’t)
Patient could not recover damages for emotional distress based on physician's decision to conduct CT-scan of patient without informing her that she was pregnant.
John Latora v. Victor Ferreira (N.Y. App. Div., 2d Dep’t)
Real Property-Vendor and Purchaser
Letter from purchaser's attorney was inadequate to make time of the essence.
David Glassberg v. Filco Carting Corp. (N.Y. App. Div., 1st Dep’t)
Jury's finding that driver was not negligent in coming into contact with bicyclist was based upon fair interpretation of evidence.
Samuel Satchell v. Waajida Nickelson (Civ. Ct., City of New York, Kings County)
Real Property-Landlord and Tenant
Tenant could not be restored to possession of apartment in proceeding commenced by landlord. Gary F. Marton, J.
Plycon Transportation Group, LLC and Plycar Transportation Group, LLC v. Stephen Kirschenbaum (County Ct., Suffolk County)
Sanctions were imposed for defendant’s willful and contumacious failure to comply with three court orders. Andrew G. Tarantino Jr., J.
Gary W. Kleinman, Individually and o/b/o All Others Similarly Situated v. Elan Corporation, plc, Pfizer, Inc., as Successor-In-Interest to Wyeth, Inc., G. Kelly Martin, Lars Ekman (2d Cir.)
Omissions from press release describing preliminary clinical trial results for Alzheimer's drug under development did not render press release false or misleading to reasonable investor. Hall, Circuit Judge
Luz Stella Celis v. HSBC USA Inc. and 894-896 Manhattan Avenue Inc. (Sup. Ct., Kings County)
Indemnity provision in contract for snow removal services did not impose strict liability. Jack M. Battaglia, J.
People ex rel. Edward Gueits v. Warden, George Motchan Detention Center, New York State Department Of Corrections and Community Supervision (Sup. Ct., Bronx County)
Exclusionary rule applied at all stages of the parole revocation process. Dominic R. Massaro, J.
Millennium Pipeline Company, L.L.C. v. Certain Permanent and Temporary Easements in (No Number) Thayer Road, S.B.L. No. 63.00-1-24.1, Town of Erin, County of Chemung, New York, Nathaniel Hendricks (W.D.N.Y.)
Landowner's submissions regarding proffered testimony of his valuation experts did not satisfy disclosure requirements under federal rules of civil procedure. David G. Larimer, J.
Alan L. Sklover v. Jonathan Sack (N.Y. App. Div., 2d Dep’t)
Statements about client's former counsel's handling of client's claims were absolutely privileged.