| New York Jury Verdicts, Settlements and Court Decisions |
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In the Matter of Sambasiva Rao Venigalla, et al. v. Dattatreyudu Nori, et al.
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The Hindu Temple Society of North America was incorporated in 1970 under Article 9 of the Religious Corporations Law. In the same year, it adopted bylaws calling for the members of the Society to elect its trustees. Those bylaws were never implemented, and were forgotten until 2001, when petitioners rediscovered them and demanded that the prescribed elections take place. The Appellate Division uph... More... $0 (07-22-2008 - NY)
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Estate of Suzanne E. Crane v. Dr. Nancy J. Stubbe
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The Family and Estate of Suzanne E. Crane, deceased, sued Dr. Nancy J. Stubbe on a medical negligence (medical malpractice) theory for the wrongful death of Ms. Crane who died from breast cancer on January 21, 2004. Plaintiffs claimed that Dr. Stubbe failed to diagnose that Ms. Crane had breast cancer in 2002 after three examinations. Crane was diagnosed in February 2003 by another doctor. Plain... More... $9000000 (07-14-2008 - NY)
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Cine SK8, Inc., et al v. Town of Henrietta, et al
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Ross Catalano, 65, claimed that his former business, teen recreation center FunQuest, was irreparably damaged when the town prohibited dance parties there in spring 2002. The ban came after a riot-like incident at the club in March 2002. Catalano claimed that former Fire Marshal Chris Roth's actions on the night of the incident were racially motivated, as were statements made by former town Superv... More... $1 (06-28-2008 - NY)
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Cornell University and Hwa Torng v. Hewlett-Packard Corporation
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Cornell University and Hwa Torng sued Hewlett-Packard on patent infringement theory claiming that Defendant stole a patented invention, created by Torng in the 1980s, that dramatically increased the speed of modern computers.
The defenses asserted by Hewlett-Packard are not available.... More... $184000000 (05-31-2008 - NY)
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Brenda Schenk v. Strong Memorial Hospital, et al.
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Brenda Schenk, age 37, sued Strong Memorial Hospital on a medical negligence theory claiming that the care that she received during the performance of a Caesarean delivery in 2003 damaged her organs and resulted in the removal of her transplanted pancreas she received in 1995 to treat her diabetes. She further claimed that poor planning, doctors at the Rochester, N.Y., hospital cut the connection ... More... $17000000 (05-28-2008 - NY)
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Worth Construction Co., Inc. v. Admiral Insurance Company
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Clayton Park Development, LLC, owner of real property
situated in White Plains, New York, retained plaintiff Worth
Construction Co., Inc. as general contractor for the construction
of an apartment complex. Worth subcontracted with Pacific Steel,
Inc. for construction of a staircase and handrailings. As part
of the subcontract, Pacific provided commercial general liability
insurance through d... More... $0 (05-04-2008 - NY)
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P.A. Building Company v. City of New York
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In this protracted landlord-tenant dispute, we are
asked to decide whether asbestos abatement costs incurred by the
landlord were operating expenses under the terms of the relevant
commercial leases. We conclude that they were not. As a result,
the landlord improperly billed these costs to the tenant as
additional rent under the leases' escalation clauses. Further,
we conclude that interest ... More... $0 (05-04-2008 - NY)
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Solow Management Corp. v. Steven Tanger, et al.
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We are asked to decide in this appeal whether the
posting of an appeal bond by a judgment debtor after a marshal
has executed a levy on the judgment debtor's assets constitutes
affirmative interference with a marshal's collection process,
entitling the marshal to poundage fees. We conclude that the
posting of an appeal bond by a judgment debtor is not affirmative
interference. Since the mars... More... $0 (04-26-2008 - NY)
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Oleg Rivkin v. Century 21 Teran Realty, LLC, et al.
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The United States Court of Appeals for the Second
Circuit has certified a question that calls upon us to explore
the scope of the fiduciary duty owed by buyer's agents affiliated
with a real estate brokerage firm when their principals bid on
the same property. We begin with the facts, which are
substantially undisputed.
I.
On May 24 or 25, 2004, Oleg Rivkin, a New Jersey
resi... More... $0 (04-26-2008 - NY)
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Brian Persaud v. New York-Presbyterian Hospital
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Brian Persaud sued New York-Presbyterian Hospital on negligence and un-consented touching for being held down and sedated by emergency room staff and physicians and having a rectal examination performed on him against his will after having have received eight stitches for a cut over his eyebrow cause for a cut caused by a falling wooden beam. When Persaud awoke he was handcuffed to a bed and had a... More... $0 (04-23-2008 - NY)
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Vascular Solutions, Inc. v. Marine Polymer Technologies, Inc.
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Vascular Solutions sued Marine Polymer Technologies on a business tort theory claiming that defendant disparaged plaintiff's products.
Defendant denied wrongdoing.... More... $4500000 (04-10-2008 - NY)
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Waheed Saleh v. Kishon Hickman and Kevin Nicholson
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Waheed Saleh sued The City of New York, Kishon Hickman and Kevin Nicholson on a civil rights theory under 42 U.S.C. 1983 claiming that Hickman and Nicholson harassed him by giving him tickets and retaliated against him reporting to ICE for overstaying his visa to cause him to be deported. Plaintiff claimed the officers violated his First Amendment right to petition the government for redress of gr... More... $0 (04-05-2008 - NY)
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Family and Estate of Angela Manouvelos v. Aramis Cabrera, et al.
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The Family and Estate of Angela Manouvelos v. Aramis Cabrera and the owners of the van that he was driving on Mary 18,2006 when he struck and killed Mrs. Manouvelos in the parking lot of the National Wholesale Liquidators' parking lot in the Town of Wallkill. Gerasimos Manvouvelos and his two sons claimed that Cabrera failed to exercise due care in the operation of the van and, as a direct result,... More... $1450000 (04-04-2008 - NY)
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Victoria Porina v. Marward Shipping Co., Ltd.
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In May 2004, a Latvian fishing vessel called the Astrida sank in Swedish waters; the vessel
was lost and its six crew members perished. Plaintiffs, the owner of the Astrida and representatives
of the deceased fishermen, brought suit in the Southern District of New York against Marward
Shipping Co. ("Marward"), the owner of a ship called the Vladimir. Plaintiffs assert that the
Vladimir str... More... $0 (04-02-2008 - NY)
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Craig Holcomb v. Iona College
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Plaintiff-Appellant Craig Holcomb appeals from a decision of the district court, which
granted Defendant-Appellee Iona College's motion for summary judgment on Holcomb's claim
under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Holcomb, who is white,
claims that the college's decision to terminate his employment as an assistant coach of its basketball
team was motiva... More... $0 (04-02-2008 - NY)
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Families and Estate of William Hackert, Jr. BRK Brands and First Alert
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The families and estates of William Hackert, age 56, and his daughter Christine, age 31, sued BRK Brands and First Alert claiming that the smoke alarms installed in the Hackert home failed to function properly in 2001 and, as a direct result, both died in the house fire near Albany, New York.... More... $2800000 (03-29-2008 - NY)
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John Doe v. Dr. Victor T. Ho
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Neurosurgical patient sued Dr. Victor T. Ho on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care when he performed spinal surgery in 2000 at New York Methodist Hospital in Brooklyn.
Dr. Ho denied that his care fell below the standard of care.... More... $1900000 (03-26-2008 - NY)
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Debbie Almontaser v. New York City Department of Education
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Plaintiff-Appellant Debbie Almontaser appeals the December 5, 2007 order of the United
States District Court for the Southern District of New York (Stein, J.), denying her motion for a
preliminary injunction. We affirm the order.
BACKGROUND
From 2005 to 2007, Almontaser, an Arab-American, has led the development of the
Khalil Gibran International Academy ("KGIA"), a New York City pu... More... $0 (03-20-2008 - NY)
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Highland Capital v. Leonard Schneider, et al.
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Highland Capital Management sued Leonard Schneider, RBC Dominion Securities Corp., et al. for the Schneiders' refusal to complete a securities trade of subordinated promissory notes purchased by Highland pursuant to an oral agreement. Highland alleged that the Schneiders refused to settle the trade after receiving material non-public information from Jenkens & Gilchrist Parker Chapin, LLP.
A... More... $36000000 (03-18-2008 - NY)
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Lazare Kaplan International Inc. v. PhotoScribe Technologies Inc. and Gemological Institute of America
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Lazare Kaplan sued PhotoScribe Technologies Inc. and Gemological Institute of America on a patent infringement theory claiming that defendants infringed 10 patents relating to the diamond laser-inscription equipment. PhotoScribe was established in 1998, and its technology is used in the fields of aerospace, biotech, medical, optical, ophthalmology, fiber optics, electronics, semi-conductors and m... More... $0 (03-14-2008 - NY)
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Phillip Lewis v. City of Albany Police Department and William Bonnani
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Phillip Lewis sued the Albany Police Department and Officer William Bonnani on a civil rights violation theory, 42 U.S.C. 1983, claiming that Bonnani used excessive force when he arrested him in 2002. ... More... $200000 (03-07-2008 - NY)
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Jeanette Alleyne, etc. v. New York State Education Department
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Defendants-Appellants, who are various New York State educational entities, appeal an
order of the United States District Court for the Northern District of New York (Sharpe, J.),
preliminarily enjoining the implementation of N.Y. Comp. Codes R. & Regs. tit. 8, §
200.22(f)(4), which purports to regulate certain treatments administered to special needs
students. We vacate the injunction and rem... More... $0 (02-14-2008 - NY)
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Dennis Rolon v. Robert Henneman and Ari Moskowitz
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This appeal principally concerns whether acting Police Chief Robert Henneman
("Henneman"), as a witness testifying at police disciplinary hearings, is absolutely immune from
civil liability for offering allegedly perjurious testimony at those hearings. Plaintiff-appellant
Dennis Rolon ("Rolon"), a police officer in the town of Wallkill, New York, also alleges that
police officer Ari Moskowitz ... More... $0 (02-25-2008 - NY)
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ITC Limited v. Punchgini, Inc.
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Plaintiffs ITC Limited and ITC Hotels Limited (collectively "ITC") sued defendants,
Punchgini Inc., Bukhara Grill II, Inc., and certain named individuals associated with these
businesses, in the United States District Court for the Southern District of New York (Gerard
E. Lynch, Judge), alleging various federal and state law claims of trademark infringement
and unfair competition in connection... More... $0 (02-26-2008 - NY)
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Riegel, Individually and as Administrator of Estate of Riegel v. Medtronic, Inc.
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We consider whether the pre-emption clause enacted inthe Medical Device Amendments of 1976, 21 U. S. C. §360k, bars common-law claims challenging the safety and effectiveness of a medical device given premarket approvalby the Food and Drug Administration (FDA).
I
A
The Federal Food, Drug, and Cosmetic Act (FDCA), 52Stat. 1040, as amended, 21 U. S. C. §301 et seq., has longrequired FDA... More... $0 (02-21-2008 - NY)
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Deborah Daniel v. Unumprovident Corporation, et al.
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Deborah Daniel appeals from a judgment of the United States District Court for the
Eastern District of New York (Feuerstein, J.) granting defendants' motion for summary
judgment and dismissing her complaint. We assume the parties' familiarity with the facts,
proceedings below, and specification of issues for review.
Defendant UNUM Life Insurance Company of America ("UNUM Life") issued... More... $0 (01-25-2008 - NY)
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Firstland International, Inc., Shao Zeng Chai v. U.S. Immigration & Naturalization Service
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Plaintiffs-appellants Firstland International, Inc. and Shao Zeng Chai sued the U.S.
Immigration and Naturalization Service (the "INS"),2 seeking an award of attorneys' fees and
expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). We assume the
parties' familiarity with the facts, the proceedings below, and the specification of issues on
appeal.
Under the EAJA, "a c... More... $0 (01-25-2008 - NY)
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Roger G. Daigle v. United States Department of Veterans Affairds and James Cody, Secretary of the United States Department of Veterans Affairds
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After a jury trial on Roger G. Daigle's claims pursuant to Title VII of the Civil Rights
Act of 1964, 42 U.S.C. § 2000e, et seq., and the District Court's rejection of his claims pursuant
to the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8), the court entered judgment
dismissing these claims. Daigle appeals. We assume the parties' familiarity with the facts,
proceedings below, and the pr... More... $0 (02-03-2008 - NY)
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Mudholkar v. University of Rochester
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Appellant appeals from the September 27, 2006 decision and order of the district court
dismissing his complaint as barred by claim preclusion, as time-barred, and for failure to state a
claim. We assume the parties' familiarity with the facts and proceedings below.
We review de novo the district court's decisions as to claim preclusion, the statute of
limitations, and dismissal for failur... More... $0 (01-25-2008 - NY)
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Dian Sheng Jiang v. Board of Immigration Appeals
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UPON DUE CONSIDERATION of this petition for review of a
Board of Immigration Appeals ("BIA") decision, it is hereby
ORDERED, ADJUDGED, AND DECREED that the petition for review
is DENIED.
Petitioner Dian Sheng Jiang, a native and citizen of
the People's Republic of China, seeks review of an April 27,
2007 order of the BIA affirming the September 9, 2005
decision of Immigration Jud... More... $0 (02-03-2008 - NY)
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Securities and Exchange Commission v. Andrew J. McKelvey
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The Securities and Exchange Commission today filed a settled enforcement action against Andrew J. McKelvey, the former Chief Executive Officer of Monster Worldwide, Inc., for his participation in a multi-year scheme to secretly backdate stock options granted to Monster officers, directors and employees.
The Commission's complaint alleges that, beginning in 1997, McKelvey and others backdated... More... $275989 (01-23-2008 - NY)
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Joseph Hudak v. Times Publishing Company d/b/a Erie Times-News, et al.
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Joseph Hudak sued Times Publishing Company d/b/a Erie Times-News, et al. on a libel theory claiming that articles published by the paper relating to criminal charges filed against him by the Erie County District Attorney were incorrect because they reported civil disputes between him and his clients were illegal. The Erie district attorney claimed that Plaintiff took money from clients but fail... More... $0 (01-31-2008 - NY)
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Nextg Networks of New York, Inc. v. City of New York, et al.
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Plaintiff-appellant NextG Networks of NY, Inc. ("NextG")
appeals from a judgment of the United States District Court for
the Southern District of New York (Berman, J.), granting summary
judgment in favor of the defendants-appellees (collectively,
"the City").
Broadly speaking, this case concerns whether the City has
impeded NextG's access to the New York City telecommunications
market... More... $0 (01-15-2008 - NY)
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In the Matter of Jennifer Amorosi v. South Colonie Independent Central School District, et al.
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In this appeal we are asked to determine the statute of
limitations applicable to a damages claim for illegal workplace
discrimination brought under Executive Law § 296 against a school
district. We conclude that the clear and unambiguous language of
Education Law § 3813 (2-b) provides that the statute of
limitations on such a claim is one year.
Petitioner Jennifer Amorosi was hire... More... $0 (12-18-2007 - NY)
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In the Matter of Data Tree, LLC. v. Edward P. Romaine, etc.
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The issue presented on this appeal is whether the
Suffolk County Clerk is required by the Freedom of Information
Law (FOIL) to provide certain land records requested by Data
Tree, LLC, a commercial provider of online public land records,
and if so, whether the records must be provided in the electronic
format specified by Data Tree. We hold that questions of fact
exist as to whether com... More... $0 (12-18-2007 - NY)
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Louis S. Ederer v. Steven R. Gursky
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This appeal calls upon us to explore the nature and
scope of Partnership Law § 26(b). We hold that this provision
does not shield a general partner in a registered limited
liability partnership from personal liability for breaches of the
partnership's or partners' obligations to each other.
- 2 - No. 133
I.
The relationship that deteriorated into this
acrimonious dispute b... More... $0 (12-20-2007 - NY)
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UnknownRachel Ehrenfeld v. Khalid Salim Bin Mahfouz
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The United States Court of Appeals for the Second
Circuit has certified to us the question of whether CPLR 302 (a)
(1) confers personal jurisdiction over a person who "(1) sued a
New York resident in a non-U.S. jurisdiction; and (2) whose
contacts with New York stemmed from the foreign lawsuit and whose
success in the foreign suit resulted in acts that must be
performed by the subject o... More... $0 (12-20-2007 - NY)
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Gabriel Fischbarg v. Suzanne Doucet, etc., et al.
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In this appeal, we are asked to determine whether
Supreme Court properly exercised personal jurisdiction over
defendants, an individual and corporation, both residents of
California, who retained a New York attorney to represent the
corporation in an action brought in an Oregon federal court.
Because we conclude that defendants' retention and subsequent
communications with plaintif... More... $0 (12-31-2007 - NY)
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Marie Gilles v. Guy J. Repickey
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Gilles denied that she was traveling 1 at 65 m.p.h., or that she abruptly changed lanes,
but stated that she did slow down in order for a police vehicle to pass her.
Plaintiff-appellant Marie J. Gilles brought suit under 42 U.S.C. § 1983 against defendantappellee
Guy J. Repicky seeking damages for violation of her Fourth Amendment right to be free
from unreasonable search and seizure... More... $0 (12-21-2007 - NY)
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Wilfred Polanco v. William J. Hopkins, et al.
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Section 1915(g) denies in forma pauperis status - that is, the ability to file a civil action with fees
paid by the Court - to an incarcerated person who has filed three or more previous actions deemed to
be "frivolous, malicious, or [which] fail[ed] to state a claim upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g... More... $0 (12-13-2007 - NY)
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