In Matter of a Co-Trustee's Application to Resign As a Trustee of Trusts Created Under Paragraphs Second, Third and Sixth of Will of William D. Modell, Deceased (Surr. Ct., Nassau County)
Estate Planning and Probate – Trusts
Allegations of testator’s widow were insufficient to render attorney ineligible to receive letters of trusteeship. Edward W. McCarty, J.
W. Douglas Mills v. Standing General Commission on Christian Unity and Stephen J. Sidorak, Jr. (Sup. Ct., New York County)
Labor and Employment – Wrongful Discharge
Ministerial exception precluded court from adjudicating former employee’s claims. Charles E. Ramos, J.
Reingold & Tucker, a Partnership v. Stacey Golia, a/k/a Stacey Rosenblatt (Sup. Ct., Kings County)
Legal Services – Attorney Fees
Law firm performed work in good-faith reliance that client would sign retainer agreement. Arthur M. Schack, J.
AMERICAN COMMERCE INSURANCE COMPANY, Plaintiff, v. James THOMPSON, Accellerated Rehabilitation and Pain Management, P.C., Accelerated Surgical Center, Active Care Medical Supply Corporation, Aee Medical Diagnostic P.C., Alen Oven Chiropractic Care, P.C., Dovphil Anesthesiology Group P.L.L.C, Empire Chiropractic Service, P.C., Epic Pain Management and Anesthesia Consultants P.L.L.C, Amit Goswami M.D., Great Medical Services P.C., Healthy Physique Physical (Sup. Ct., New York County)
Insurance – Injunction
No-fault insurer showed that it would suffer irreparable harm if related suits were allowed to proceed. Eileen A. Rakower, J.
Emanuel Ku v. U.S. Department of Housing and Urban Development, Shaun Donovan, Secretary of the U.S. Department of Housing and Urban Development, Cutler, Trainor & Cutler, LLP, Foreclosure Commissioner, City of Newburgh, Burton Towers LLC (2d Cir.)
Real Property – Subsidized Housing
HUD's decision to limit entities who could bid on apartment complex at foreclosure sale was rational.
In re Keenan Britt v. City of New York (N.Y. App. Div., 1st Dep’t)
Labor and Employment – Public Employment
Issue whether city employee voluntarily accepted appointment to probationary position precluded summary judgment.
U.S. v. Charles Arroyo (S.D.N.Y.)
Criminal Justice – Drugs
Sufficient evidence existed that substance was cocaine to support conviction. John G. Koeltl, District Judge
Port Parties, Ltd. v. Merchandise Mart Properties, Inc., UnConvention Center, Inc. (N.Y. App. Div., 1st Dep’t)
Commercial Law – Indemnity
Indemnification clause in license agreement was void and unenforceable.
Board of Managers of 85 8th Avenue Condominium v. Manhattan Realty LLC, Weiner-Mega LLC (N.Y. App. Div., 1st Dep’t)
Real Property – Condominiums
Cost of repairing plumbing in residential unit was not condominium common charge.
Alicia DEJESUS, Plaintiff, v. PORT AUTHORITY OF NEW YORK and New Jersey, Defendant. (Sup. Ct., New York County)
Government – Tort Claims
Whether Port Authority suffered any prejudice from filing of action within 60-day period to review notice of claim was immaterial. Ellen M. Coin, J.