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New York Legal

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New York Decision Roundup - February 7, 2013

2/7/2013 COMMENTS (0)

Kim M. THOMAS, Plaintiff, v. Mario Umana GOMEZ, Defendant. (Sup. Ct., Suffolk County)
Transportation-Motor Vehicles
Defendant’s expert report did not warrant summary judgment. Arthur G. Pitts, J.
 

People v. Joseph M. Anello (Just. Ct., Webster Justice Court)
Criminal Justice-Investigatory Stop
Pilot’s abandonment of his post while boat was still in operation justified investigatory stop of boat. Thomas J. DiSalvo, J. 
 

Accounting Proceeding, Estate of Carl LEVINE, Deceased; Petition for the Award of Legal Fees in the Estate of Carl Levine, Deceased. (Surr. Ct. of New York, New York County)
Estate Planning and Probate-Trusts
Lifetime beneficiary of pre-residuary trust under will was not a necessary party in executor’s interim accounting proceeding. Nora S. Anderson, J. 
 

Shants Inc. v. Capital One N.A., MRW Group, Inc., Tower Insurance Company Of New York (Sup. Ct., Nassau County)
Insurance-Property
Cancellation of coverage under fire policy was not ineffective. Daniel R. Palmieri, J.
 

Teddy Lewis v. A. Zon; the New York State Department of Correctional Services (W.D.N.Y.)
Civil Rights-Prisons
There was no evidence that prison's practice of inspecting inmate's meals substantially burdened his free exercise of his faith. David G. Larimer, J. 
 

U.S. v. Courtney Dupree, Thomas Foley, Rodney Watts (2d Cir.)
Criminal Justice-Evidence
District Court failed to properly consider temporary restraining order's probative value. Debra Ann Livingston, Circuit Judge 
 

Daisy Feola v. City of New York, Central Parking Systems (N.Y. App. Div., 2d Dep’t)
Torts-Premises Liability
Operator of parking lot failed to meet its initial burden on issue of lack of constructive notice
 

Victor I. Rosenberg, M.D. v. David Cangello, M.D. (N.Y. App. Div., 1st Dep’t)
Real Property-Landlord and Tenant
Handwritten notation that improvements and alterations were to have been “shared equally by lessor and lessee” did not modify lease's “as is” provision
 

In re Diana Torres v. Raymond Kelly (N.Y. App. Div., 1st Dep’t)
Labor and Employment-Benefit Plans
Remand for determination of whether retired police officer's second incident was accident was appropriate remedy
 

Marlene Scher v. Paramount Pictures Corp. (N.Y. App. Div., 1st Dep’t)
Litigation-Sanctions
Sanction of striking defendants' answers was not warranted
 



 


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