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New York Decision Roundup - February 28, 2013

2/28/2013 COMMENTS (0)

Probate Proceeding in the Estate of Milton RATTNER, Deceased. (N.Y.Sur.)
Estate Planning and Probate-Wills
Preliminary letters on latest will would be issued to public administrator. Nora S. Anderson, J. 
 

In Matter of New York State Office of Victim Services v. Steven C. Raucci, Shelley Raucci, Nonparty (N.Y.)
Criminal Justice-Victim Compensation
Office of Victim Services failed to preserve argument that inmate funds were subject to attachment
 

People v. Rodger T. Thomas (N.Y.Co.Ct.)
Native Americans-Fishing
Defendant failed to show that Treaty vested tribal members with fishing rights. Jerome J. Richards, J. 
 

In re Dewey & LeBoeuf LLP; Vittoria Conn, o/b/o herself and all others similarly situated v. Dewey & LeBoeuf LLP; Dewey Ballantine LLP, LeBoeuf, Lamb, Green & MacCrae LLP (Bankr. S.D.N.Y.)
Bankruptcy-Adversary Proceedings
WARN Act relief was properly sought in adversary proceeding, rather than by filing proofs of claim. Martin Glenn, J. 
 

David R. Oliver v. Jeff Jones (N.Y.Just.Ct.)
Commercial Law-Debt Collection
Judgment creditor established course of conduct by judgment debtor warranting treble damages. Thomas J. DiSalvo, J. 
 

In Matter of Heather Alessi v. Board of Education, Wilson Central School District, Karlene Cieslik (N.Y. App. Div., 4th Dep’t)
Education-Labor and Employment
Teacher did not lose her seniority
 

Wells Fargo Bank, N.A. v. Benjamin Fisch (N.Y. App. Div., 2d Dep’t)
Real Property-Mortgages and Deeds of Trust
Discontinuance of mortgage foreclosure action without prejudice was required
 

In Matter of Executive Life Insurance Company of New York; Superintendent of Financial Services, f/k/a Superintendent of Insurance of State v. Jennifer Aracil Appling, National Organization of Life and Health Insurance Guaranty Associations (N.Y. App. Div., 2d Dep’t)
Insurance-Insolvent Insurers
Notice respecting liquidation of life insurer mailed to last known addresses of annuity payees satisfied due process
 

Jimico Enterprises, Inc., Brownson Enterprises, Inc., Peter Brownson v. Lehigh Gas Corporation (2d Cir.)
Energy and Utilities-Oil and Gas
Trial franchisee had right of action under PMPA against franchisor that terminated its franchise without proper notice. José A. Cabranes, Circuit Judge 
 

Lauren Melnick, Individually and as parent and natural guardian of Jenny Fay Kusner v. Consolidated Edison, Inc. (Sup. Ct., Richmond County)
Torts-Negligence
Plaintiff's proposed expert testimony on causation was inadmissible. Joseph J. Maltese, J. 
 



 

 


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