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New York Legal

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New York Decision Roundup - February 4, 2013

2/4/2013 COMMENTS (0)

In re Aleksandr Virovlyanskiy; Juliya Virovlyanskaya v. Aleksandr Virovlyanskiy (Bankr. E.D.N.Y.)
Bankruptcy-Discharge
Omission of income and false claims of unemployment warranted denial of debtor's discharge. Carla E. Craig, Chief Judge 
 

In re Stephanie Domenici Cabonargi v. City University of New York (N.Y. App. Div., 1st Dep’t)
Education-Student Discipline
Trial court improperly considered e-mail from student's academic advisor that was never presented at administrative level
 

The New York Times Company, Charlie Savage, Scott Shane v. U.S. Department of Justice; American Civil Liberties Union, The American Civil Liberties Union Foundation v. U.S. Department of Justice, includivng its component the Office of Legal Counsel, U.S. Department of Defense, including its Component U.S. Special Operations Command, Central Intelligence Agency (S.D.N.Y.)
Government-Records
Government did not violate FOIA by refusing to disclose information relating to targeted killing of persons tied to terrorism. Colleen McMahon, J. 
 

US Oncology, Inc. v. Wilmington Trust FSB (N.Y. App. Div., 1st Dep’t)
Commercial Law-Bonds
Disputed contract language was ambiguous
 

Jessica Poolt v. David H. Brooks, Jeffrey Brooks, Bulletproof Enterprises Inc., Perfect World Partners, LLC, Perfect World Enterprises, L.L.C. (Sup. Ct., New York County)
Genuine issue of material fact existed as to whether alleged harasser was plaintiff’s supervisor. Anil C. Singh, J. 
 

Scott M. v. Ilona M. (Sup. Ct., Kings County)
Family Law-Child Custody
Joint custody was awarded, despite father’s request for sole custody. Jeffrey S. Sunshine, J. 
 

In re Douglas Payne (2d Cir.)
Legal Services-Discipline
Public rather than private reprimand was appropriate sanction for attorney who engaged in misconduct.
 

Huntington Village Dental, PC v. John F. Rathbauer, John Rathbauer, DMD, PC and John F. Rathbauer, DMD, LLC. (Sup. Ct., Suffolk County)
Litigation-Injunction
Purchaser’s motion to restrain seller from interfering with business was denied. Thomas F. Whelan, J. 
 

Baba Rampuri (a/k/a William A. Gans) v. Edwin S. Stern, Kumbha Mela Foundation, Inc., Ashtanga Yoga New York LLC (Sup. Ct., New York County)
Commercial Law-Contracts
Alleged oral agreement to secure religious society’s monks and yogis to participate in, and lend name to, spiritual event violated the statute of frauds. Barbara R. Kapnick, J. 
 

Susan Raner v. Security Mutual Insurance Company, E. Patricia Dolan (N.Y. App. Div., 1st Dep’t)
Insurance-Liability
Policy exclusion for liability from premises owned, rented, or controlled by insured other than insured premises was ambiguous
 


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