In re Coumba F. v. Mamdou D. (N.Y. App. Div., 1st Dep’t)
Family Law-Protection Orders
Inclusion of child in order protecting mother was warranted.
Nassau Beekman, LLC v. Ann/Nassau Realty, LLC (N.Y. App. Div., 1st Dep’t)
Real Property-Vendor and Purchaser
Oral modification of contract for sale of real property was ineffective. Saxe, J.
People v. Anner Rivera (N.Y. App. Div., 2d Dep’t)
Trial court, which received series of questions from juror inside robing room and outside presence of defendant, violated defendant's right to be present at all material stages of trial.
U.S. v. Heriberto Martinez (E.D.N.Y.)
An officer was not required to readminister Miranda warnings to the defendant prior to his second interrogation. Spatt, J.
NAVILLUS CONTRACTING, Plaintiff, v. F.J. SCIAME CONSTRUCTION COMPANY, INC., Defendant. (Sup. Ct., New York County)
Default judgment would not be entered based on New York’s strong public policy in favor of allowing cases to be decided on the merits. Melvin L. Schweitzer, J.
Village Drive Associates, LLC v. Louis P. Schiavo a/k/a Louis Schiavo a/k/a L Schiavo (Sup. Ct., Dutchess County)
Plaintiff’s failure to submit loan documents in original instance precluded its motion for summary judgment. James D. Pagones, J.
All Island Truck Leasing Corp. v. Michael Perkins (Dist. Ct., Nassau County, 1st Dist.)
Nassau County District Court lacked the power to hear civil contempt motion brought against resident of New York County. Michael A. Ciaffa, J.
SREP 10th Avenue Venture LLC v. Justin Walters a/k/a Justian Walters, Angela McKain, 500 West 22nd Street, Third Floor, New York, New York 10011, John Doe and/or Jane Doe (Civ. Ct., City of New York, New York County)
Real Property-Landlord and Tenant
Subject premises would be considered a horizontal multiple dwelling subject to rent stabilization. Sabrina B. Kraus, J.
In Matter of Sherwyn Toppin Marketing Consultants, Inc., d/b/a Temptations Tavern v. New York State Liquor Authority (N.Y. App. Div., 2d Dep’t)
Revocation of nightclub's on-premises liquor license was not disproportionate to nightclub's offenses.
Samia Gutierrez v. Pierce A. Devine, Kyle Tatum, Lutz Brothers, Inc. (N.Y. App. Div., 4th Dep’t)
Liquor store which sold alcohol to underage passenger was not liable under dram shop act for injuries sustained in accident.