Month: October 2013

4th Department: Wilk v. James

This appeal followed the denial of defendants’ motion for summary judgment by the Supreme Court of Erie County. Plaintiff Joanne Wilk, administratrix of decedent Steven Wilk, filed a wrongful death action against defendants David James, Louis Baumann, Carlo Perfetto, and

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4th Department: Rawlins ex rel. Rawlins v. St. Joseph’s Hosp. Health Center

This appeal addressed the time limit on discovery concerning standards of medical practice and the requirements the opposing party must meet to preclude such discovery. In the Supreme Court for Onondaga County, Angela Rawlins brought suit on behalf of the

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4th Department: Pinnacle Charter Sch. v. Bd. of Regents of Univ. of State of N.Y.

In April 2012, defendant Board of Regents of the University of the State of New York (“Board of Regents”) denied the application of plaintiff Pinnacle Charter School (“Pinnacle”) to renew its charter to operate a school in the City of

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4th Department: Grace v. Law

This appeal addressed whether a defendant waives or abandons a legal malpractice claim (1) after voluntarily discontinuing the foundational medical malpractice action, and (2) by not appealing a trial court’s order that significantly reduced his original claim. Plaintiff John Grace

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New York Court of Appeals: People v. Echevarria

The defendants, Alex Echevarria, Andrew Moss, and Martin Johnson, were arrested after selling controlled substances to undercover police officers. In each case, a pretrial hearing was held pursuant to People v. Hinton to determine whether the courtroom should be closed

Posted in Article Archive, Court Watch, New York Court of Appeals

New York Court of Appeals: J. P. Morgan Chase Sec., Inc. v. Vigilant Ins. Co.

In this appeal, the Court of Appeals addressed the circumstances required to dismiss an insurance claim as violating public policy because it seeks coverage for conduct done with the intent to harm. The controversy arose from a 2003 Securities and

Posted in Article Archive, Court Watch, New York Court of Appeals

New York Court of Appeals: Cunningham v. N.Y. Dep’t of Labor

This appeal addressed a public employer’s use of GPS tracking on an employee’s vehicle, whether a warrant is required for such action, and whether the search here was reasonable. The petitioner, Michael Cunningham, was an employee of the State Department

Posted in Article Archive, Court Watch, New York Court of Appeals

New York Court of Appeals: Barenboim v. Starbucks Corp.

The New York Court of Appeals considered two issues certified by the Second Circuit regarding the legality of the Starbucks Corporation’s (“Starbucks”) tip-splitting policy. In a putative class action lawsuit filed in 2008 in the Southern District of New York,

Posted in Article Archive, Court Watch, New York Court of Appeals

New York Court of Appeals: Altshuler Shaham Provident Funds, Ltd. v. GML Tower, LLC

This mortgage foreclosure action arises from a failed redevelopment of the Hotel Syracuse complex in downtown Syracuse, New York. In September 2005, defendants GML Tower LLC, GML Syracuse LLC, and GML Addis LLC purchased property to make up the hotel

Posted in Article Archive, Court Watch, New York Court of Appeals