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New York Legal

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New York Decision Roundup - February 6, 2013

2/6/2013 COMMENTS (0)

Edwin Garcia v. Hartford Police Department, Joseph Croughwell, Robert Casati, HPD, Dep. Chief, Timothy Hogan, Timothy Palmer, James Blanchette (2d Cir.)
Labor and Employment-Public Employment
Sergeant spoke as matter of public concern when he alleged the police department discriminated against Hispanics
  

Union Square Park Community Coalition, Inc., Assemblymember Richard N. Gottfried, Carol Greitzer, Edith Shanker, Geoffrey Croft, William Borock and Margaret Gonzalez v. New York City Department of Parks and Recreation, Adrian Benepe, as Commissioner of New York City Department of Parks and Recreation, City Of New York, Chef Driven Market, LLC and Urban Space Holdings, Inc. (Sup. Ct., New York County)
Government-Property
Users of Union Square Park were granted preliminary injunction restraining city from altering pavilion to accommodate a restaurant. Arthur F. Engoron, J. 
 

Teresa WROBLEWSKI, Plaintiff, v. Abraham L. SCHRAETER, Troop 41 Productions, LLC and Hertz Equipment Rental Corporation, Defendants. (Sup. Ct., Queens County)
Transportation-Motor Vehicles
Operator of following vehicle, who fell asleep while driving, was liable for accident. Robert J. McDonald, J. 
 

Adwoa Gyabaah v. Rivlab Transportation Corp., John Doe, Jeffrey A. Aronsky, P.C. (N.Y. App. Div., 1st Dep’t)
Torts-Settlements
Personal injury lawsuit was not settled, even though plaintiff executed a release
 

In re Jodi A. Cunningham, Jeanette L. Delgado, Paul R. Dougherty, Judd R. Seastedt, Orlando Gonzalez (Bankr. W.D.N.Y.)
Bankruptcy-Plans
Payments under plan were not requisite “prompt cure” of prepetition payment defaults. Bucki, Chief Judge 
 

William Rubino, Nicole Rubino v. 350 Madison Co., LLC, Tishman Construction Corp. (Sup. Ct., New York County)
Litigation – Discovery
Recipient failed to follow proper procedure for objecting to subpoena. Doris Ling–Cohan, J. 
 

Renaissance Art Investors, LLC v. AXA Art Insurance Corporation v. Renaissance Art Investors, LLC (N.Y. App. Div., 1st Dep’t)
Insurance – Property
Fraud that was engaged in by insured’s principal and member was not fortuitous
 

Sharon Bailey v. City of New York, Wallace C. Steidle (N.Y. App. Div., 1st Dep’t)
Government – Immunity
Police officer was engaged in discretionary act of traffic control
 

Jennifer Vuona, Sara Hunter Hudson, Julia Kuo, Catherine Wharton v. Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America Corp. (S.D.N.Y.)
Labor and Employment – Discrimination
Legitimate non-discriminatory reasons for termination of female employees were not pretextual. Paul A. Engelmayer, District Judge 
 

Claudia REYES, Plaintiff, v. SAENZ DENTISTRY, P.C. and Maurice Saenz, D.D.S., Defendants. (Sup. Ct., Suffolk County)
Health – Malpractice
Information that was given to patient was insufficient to make informed decision about tooth extraction. Thomas F. Whelan, J. 
 


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