In a September 20, 2010 decision by Justice Demarest, the Court granted a performance bond company summary judgment dismissing the claims of a property owner. The property owner contracted for the construction of an eighteen unit condominium building. The contractor failed to properly perform its work, which caused damages to a number of neighboring land owners. The… Continue Reading
Monthly Archives: October 2010
Bruno v. Gerber, Sup Ct, Nassau County, Sept. 20, 2010, Warshawsky, J., Index No. 024915/2009
Posted in Attorneys' Fees, Industry: real estate, Justice Warshawsky, Ira B., Nassau, Shareholder Dispute, Summary JudgmentIn a September 20, 2010 decision by Justice Warshawsky, the Court granted plaintiffs’ motion, pursuant to CPLR 3217, to discontinue the action, without prejudice, in favor of allowing plaintiffs to litigate the issues in an action pending in the federal district court in the District of New Jersey. The court also granted defendants leave to apply… Continue Reading
Yoon-Schwartz v Keller, Sup Ct Nassau County, September 20, 2010, Bucaria, J. Index No. 11749/10
Posted in Collateral Estoppel, Industry: healthcare, Justice Bucaria, Stephen A., Nassau, Preliminary Injunction, Res Judicata, Restrictive CovenantIn a September 20, 2010 decision, Justice Bucaria granted in part and denied in part the plaintiff’s motion for a preliminary injunction to prevent enforcement of a restrictive covenant. The defendant was an established plastic surgeon in Nassau County who built up a significant practice over a 20 year period. The plaintiff and defendant entered into… Continue Reading
Five Star Mechanical Corp. v Mainco Elevator Corp., Sup Ct, NY County, Aug. 10, 2010, Bransten, J, Index No. 600691/08
Posted in Account Stated, Attorney's Affidavit, Breach of Contract, Collateral Estoppel, Condition Precedent, Industry: construction, Justice Bransten, Eileen, New York, Res Judicata, Summary JudgmentIn an August 10, 2010, decision by Justice Bransten in connection with plaintiff-subcontractor’s action against defendant-general contractor to recover money due on a construction contract, and on plaintiff’s motion for summary judgment, the court granted plaintiff’s motion finding that it had made a prima facie showing of entitlement to judgment as a matter of law… Continue Reading
United States Fid. & Guar. Co. v American Re-Insurance Co., Sup Ct, N.Y. County, Aug. 17, 2010, LowJ., Index No. 604517/02
Posted in Breach of Contract, Contract Interpretation, Good faith and fair dealing, Industry: insurance, Insurance Coverage, Justice Lowe, Richard B. III, New York, Summary JudgmentIn an August 17, 2010 decision by Justice Lowe, the court considered various motions for summary judgment between the parties concerning coverage under policies of reinsurance. This action followed the settlement of an underlying coverage action, whereby plaintiffs agreed to pay $987.4 million in satisfaction of all asbestos injury related claims made against a USF&G policyholder. USF&G… Continue Reading
Bajan Group, Inc. v Consumers Interstate Corp., Sup Ct, Albany County, August 12, 2010, Platkin, J., index No. 1099/07
Posted in Albany, Breach of Contract, Collateral Estoppel, Industry: manufacturing, Justice Platkin, Richard, Res Judicata, Summary JudgmentIn an August 12, 2010 decision by Justice Platkin, the Court granted a motion for summary judgment on a breach of contract claim alleging the non-payment of invoices the plaintiff submitted to the defendant for products the defendant received. The court then assessed whether the plaintiff’s damages were off-set by the defendant’s numerous counterclaims. The… Continue Reading
Matter of Kaufman v LI Yellow Cab Corp., Sup Ct, Nassau County, Sept. 15, 2010, Driscoll, J, index No. 001486/09
Posted in BCL 1104-a, BCL 1118, CPLR 408, Discovery, Dissolution, Fair Value, Industry: Transportation, Justice Driscoll, Timothy, Nassau, Shareholder Dispute, ValuationIn a September 15, 2010, decision by Justice Driscoll in connection with a special proceeding for corporate dissolution under section 1104-a of the Business Corporation Law and related buyout election under BCL section 1118, and on respondents’ motion to vacate and set aside a notice of deposition served by petitioner, the court granted respondents’ motion… Continue Reading
Oppenheim v MoJo-Stumer Assoc. Architects, P.C., Sup Ct, New York County, September 10, 2010, Ramos, J, index No 602408/06
Posted in Industry: construction, Justice Ramos, Charles E., Motion to Amend, New York, RICO, Statute of LimitationsIn a September 10, 2010 decision by Justice Ramos the Court partially granted a motion to amend a complaint and denied a cross-motion for sanctions. The action was originally brought against plaintiffs’ architectural firm, one of its owners and plaintiffs’ general contractor alleging a scheme by which the architects directed clients to the contractor and approved… Continue Reading
Matter of Allion Healthcare, Inc., Sup Ct, Suffolk County, August 13, 2010, Emerson J., index No. 41990-09
Posted in Aiding and Abetting, Breach of Fiduciary Duty, Industry: healthcare, Justice Emerson, Elizabeth, Merger, SuffolkIn an August 13, 2010 decision by Justice Emerson the Court partially granted a number of motions to dismiss stemming from the merger of two healthcare entities. Allion was a publicly traded company which went private through a merger with a subsidiary of a Delaware private equity firm. A number of lawsuits were commenced challenging the… Continue Reading
New York Packaging II, LLC v Peace Prod. Co., Sup Ct, Nassau County, Sept. 10, 2010, Warshawsky, J, index No. 006300/10
Posted in Breach of Fiduciary Duty, Business tort, CPLR 3211, Documentary Evidence, Fraud, Industry: manufacturing, Justice Warshawsky, Ira B., Motion to Dismiss, Nassau, Preliminary Injunction, Unfair Competition, Unjust EnrichmentIn a September 10, 2010, decision by Justice Warshawsky in connection with an action by plaintiff-manufacturer alleging various business torts against defendant-employee, and on defendant’s motion to dismiss under CPLR 3211 [a] [1] and [a] [2], the court 1) denied defendant’s motion based on documentary evidence, finding that the order slips reflecting a pre-existing relationship… Continue Reading
Anglo Irish Bank Corp. Ltd. v Ashkenazy, Sup Ct., NY County, Aug. 4, 2010, Fried, J, Index No. 103006/10
Posted in Breach of Contract, In lieu of Complaint, Industry: banking, Justice Fried, Bernard J., Motion to Dismiss, New York, Summary JudgmentIn an August 4, 2010 decision by Justice Fried, the court granted the plaintiff’s motion for summary judgment in lieu of a complaint pursuant to CPLR § 3213 based on the defendants’ non-payment of a guaranty. The court found there was no genuine issue of fact because the plaintiff undisputedly established that: (1) the defendants… Continue Reading
Barneli & Cie S.A. v Dutch Book Funds, SPC, Ltd.. Sup Ct NY County, Aug. 9, 2010, Bransten, J, Index No. 600871/08
Posted in Breach of Contract, Breach of Fiduciary Duty, Fraud, Industry: financial services, Justice Bransten, Eileen, Motion to Dismiss, Negligence, New YorkIn a decision dated August 9, 2010, Justice Bransten granted in part and denied in part a motion to dismiss a complaint brought by the plaintiff investor who purchased from defendant Dutch Book Funds, SPC, a segregated portfolio company, shares in a portfolio following its receipt of a Memorandum containing certain representations as to the… Continue Reading
Wells Fargo Bank NA v. Economic Realty Co., Sup. Ct., Queens County, July 29, 2010, Kitzes, J., Index No. 25597/08
Posted in Account Stated, Attorneys' Fees, Breach of Contract, Credit Charges, Guaranty, Industry: banking, Justice Kitzes, Orin R., Personal Jurisdiction, Queens, Service of Process, Summary JudgmentIn a July 29, 2010 decision by Justice Kitzes, plaintiff Wells Fargo sought summary judgment against the defendant LLC and a personal guarantor, arising out of the default in payment for credit charges and cash advances incurred on two credit card/business line of credit accounts. Plaintiff alleged causes of action for breach of contract, breach… Continue Reading
Patsis v Nicola, Sup Ct, Suffolk County, August 24, 2010, Pines, J, Index No. 11185/10
Posted in Accounting, Breach of Contract, Industry: hospitality, Justice Pines, Emily, SuffolkIn an August 24, 2010 decision by Justice Pines, the Court granted partial summary judgment to plaintiff on his accounting claims, in an action stemming from the sale of an interest in a restaurant. Plaintiff sold defendant a 50% interest in an LLC which owned the restaurant (the defendant’s wife owned the other 50% interest). A year… Continue Reading
Berney v Ragusa, Sup Ct, Nassau County, Aug. 9, 2010, Driscoll, J, Index No. 013109/10
Posted in Breach of Contract, CPLR 1001, Election Law, Justice Driscoll, Timothy, Nassau, Necessary Joinder of Parties, Permanent Injunction, Special ProceedingIn an August 9, 2010, decision by Justice Driscoll in connection with petitioner-candidate’s special proceeding against respondent-committee chairman for injunctive and declaratory relief under the Election Law, and on respondent’s motion to dismiss the petition on grounds of failure to join necessary parties and the Statute of Frauds, the court granted respondent’s motion, holding that… Continue Reading
Viahealth of Wayne v VanPatten, Sup Ct, Wayne County, 2010 NY Slip Op 20333, Aug. 12, 2010, Fisher, J
Posted in Commercial Real Property, Industry: healthcare, Justice Fisher, Kenneth R., Public Health Law, Real Property Tax Law, Special Proceeding, Statutory Interpretation, Summary Judgment, Tax Exempt Status, WayneIn an August 12, 2010, decision by Justice Fisher in connection with a special proceeding by petitioner-nonprofit against respondent-tax assessor, and on petitioner’s motion for summary judgment under the Real Property and Tax Law (RPTL), the court granted petitioner’s motion, holding that the term “hospital,” as defined in section 2801 of the Public Health Law… Continue Reading