Avalon Bay Communities, Inc. v. Khalil Kone, Michel Comoe, Marlyse Kouassi, Yolande Guei, Leopoldine Saye, Clarisse Guei (N.Y.City Ct.)
Real Property – Landlord and Tenant
Lease’s no-counterclaim provision would not be enforced. Susan I. Kettner, J.
Maria F. Pedalino v. Woodhill Green Condominium, Inc., Woodhill Green Homeowners Association, Inc., Board Of Managers Of Woodhill Green Condominium, Sherrill Torbeck, Joseph Pedota, Lisa Kelly, Nancy Fitzpatrick, Marion Anderson, Kara Butcher, Maria Cipollini, Elise Metel, Mary Neumann, Nicole Christian John Doe 1-10, Jane Doe 1-10 (Sup. Ct., Dutchess County)
Real Property – Condominiums
Condominium’s board of managers failed to establish entitlement to summary judgment on negligence claim. James D. Pagones, J.
TiVo, Inc. v. Dorothy Goldwasser, Romi Jones Nee Goldwasser, Good Inventions, LLC (S.D.N.Y.)
Patents – Arbitration
Arbitrators did not exceed their power by basing award on implied covenant of good faith and fair dealing. Louis L. Stanton, District Judge
In the Matter of L. Dennis KOZLOWSKI, Petitioner, For a Judgment Pursuant to CPLR Article 78, v. NEW YORK STATE BOARD OF PAROLE, Respondent. (Sup. Ct., New York County)
Criminal Justice – Parole
Board of Parole failed to detail sufficiently its reasons for denying parole. Carol E. Huff, J.
U.S. v. Mark Desnoyers (2d Cir.)
Criminal Justice – Restitution
Income received for pre-abatement sampling had to be included in restitution calculation. Dennis Jacobs, Chief Judge
In Matter of Paul H. Smith v. New York State and Local Retirement System (N.Y. App. Div., 3d Dep’t)
Education – Labor and Employment
Incident in which school district’s maintenance worker was injured constituted an accident. Lahtinen, J.
In Matter of Kristine L. Overbaugh v. Francisco A. Schettini (N.Y. App. Div., 3d Dep’t)
Family Law – Child Support
Former wife failed to demonstrate her entitlement to upward modification of child support. Egan Jr., J.
Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead (N.Y.)
Real Property – Zoning and Planning
Zoning ordinance prohibiting check-cashing establishments in several districts was invalid. Smith, J.
Maria Auqui v. Seven Thirty One Limited Partnership (N.Y.)
Labor and Employment – Workers’ Compensation
Determination of Workers’ Compensation Board was entitled to preclusive effect as to duration of disability.
Yuk Ping Cheng CHAN, Plaintiff, v. Young T. LEE & Son Realty Corp and Great N Y Noodletown, Inc., Defendants. (Sup. Ct., New York County)
Torts – Premises Liability
Restaurant failed to show that it did not have notice of greasy condition of sidewalk. Paul Wooten, J.