This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The resolution of this question turns on whether the Supreme Court’s ruling in Vartelas v. Holder, 132 S.Ct. 1479 (2012), requires us to find that Gill is elig... More...   $0 (05-07-2014 - NY)

Following a three-day trial in the United States District Court for the Northern District of New York, a jury found Defendant-Appellee Roohid Hakimi guilty of conspiracy and attempt to possess and distribute controlled substances — primarily those known colloquially as “ecstasyâ€� and “foxy methoxy.â€�1 Hakimi moved under Federal Rule of Criminal Procedure 29 for a judgment of acquittal, cha... More...   $0 (03-04-2014 - NY)

The question presented is whether to issue a writ of mandamus to resolve in favor of the defendants this long-lived litigation under the Alien Tort Statute (“ATSâ€�)—a statute, passed in 1789, that was rediscovered and revitalized by the courts in recent decades to permit aliens to sue for alleged serious violations of human rights occurring abroad. The statute was first deployed in 1980 again... More...   $0 (08-21-2013 - NY)

In this case we determine whether plaintiff has sufficiently alleged that defendants' legal advice concerning the consequences of applying for an adjustment of immigration status constitutes malpractice, and whether she has sufficiently alleged that such misguided advice was the but-for cause of her ultimately being taken into custody and deported. [*2]

Plaintiff is a native of Ecuador. O... More...   $0 (06-20-2013 - NY)

At his trial in 2009, Defendant-appellant Israel Weingarten was convicted by a jury in the United States District Court for the Eastern District of New York (John Gleeson, Judge) of two counts of transportation of a minor with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a), and three counts of travel with intent to engage in illicit sexual conduct, in violation ... More...   $0 (04-16-2013 - NY)

27 The defendants, the United States Department of Justice
28 ("DOJ"), the United States Department of Health and Human
29 Services ("HHS"), and the United States Agency for International
30 Development ("USAID"), appeal from a judgment of the United
31 States District Court for the Southern District of New York
2
1 (Victor Marrero, Judge) granting a motion for summary judg... More...   $0 (09-19-2012 - NY)

26 This is an appeal from the district court’s grant of summary judgment against the plaintiff
27 and its prior grant of a motion to dismiss one count of the amended complaint. Plaintiff-
28 Appellant Linda Velez (“Velez�) brought this action against Betsy Sanchez (“Sanchez�),
29 Sanchez’s sister Shari Munoz, and Sanchez’s and Shari’s mother Yolanda Munoz under the
... More...   $0 (07-31-2012 - NY)

This case requires us to consider whether Temitope Taju Akinsade’s (“Akinsadeâ€� or “petitionerâ€�) record of conviction for embezzlement by a bank employee in violation of 18 U.S.C. § 656 (Ҥ 656â€�) establishes that he actually and necessarily pleaded to committing an offense that involved fraud or deceit. For the reasons set forth below, we conclude that it was error for the Board of ... More...   $0 (05-01-2012 - NY)

8 The New York State Department of Education and related defendants appeal from an
9 order of the United States District Court for the Western District of New York (Siragusa, J.)
10 denying their motion to vacate an award of attorney’s fees to Simon E. Kirk. The district court
11 had awarded Kirk attorney’s fees pursuant to 42 U.S.C. § 1988(b) after he successfully
12 challeng... More...   $0 (07-06-2011 - NY)

The named plaintiffs in this putative class action, brought pursuant to 42 U.S.C. § 1983, are the New York Taxi Workers Alliance (“NYTWAâ€� or “Allianceâ€�) and four New York City taxi drivers whose licenses to drive yellow cabs were automatically suspended when they were arrested on criminal charges. It is the policy of the City of New York (“Cityâ€�) and its Taxi and Limousine Commission ... More...   $0 (03-30-2011 - NY)

Plaintiffs Kristi Foote and Tim Sheridan are the parents of a child born in August 2003 with Joubert Syndrome, a neurological disorder causing abnormalities in brain development and function and resulting in developmental and behavioral deficits. After the child's birth, plaintiffs commenced this medical malpractice "wrongful birth" action (see Becker v Schwartz, 46 NY2d 401, 409 [1978]) against n... More...   $0 (02-15-2011 - NY)

New York’s Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, which were to take effect February 1, 2007. The new rules barred, inter alia, testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to attorney competence, and trade names or nicknames that imply ... More...   $0 (03-12-2010 - NY)

Plaintiffs-appellants are union representatives of police officers employed by the New York City Police Department (“NYPDâ€� or “Departmentâ€�). They brought this action in the United States District Court for the Southern District of New York (George B. Daniels, Judge) challenging the constitutionality of an NYPD policy that requires that a breathalyzer test—which measures the amount of alc... More...   $0 (12-12-2009 - NY)

During the roughly 16-month period from November 25, 2003 through March 29, 2005, plaintiff Peter Marc Stern, a solo practitioner, received 14 unasked-for facsimile messages (faxes) from defendant Andrew Lavoott Bluestone, a solo practitioner who specializes in bringing attorney malpractice actions. Each fax was entitled "Attorney Malpractice Report," and included Bluestone's contact information a... More...   $0 (06-11-2009 - NY)

In this appeal, we are asked to determine whether a renewal lien secured pursuant to CPLR 5014 for a second 10-year period can take effect nunc pro tunc on the expiration date of the original lien, cutting off the property interests of intervening mortgagees. Because CPLR 5014 does not provide for a renewal judgment to have retroactive effect to the original lien’s expiration date and because nu... More...   $0 (05-12-2009 - NY)

Respondent Javaid Iqbal is a citizen of Pakistan and aMuslim. In the wake of the September 11, 2001, terroristattacks he was arrested in the United States on criminal charges and detained by federal officials. Respondentclaims he was deprived of various constitutional protections while in federal custody. To redress the allegeddeprivations, respondent filed a complaint against numerous federal off... More...   $0 (05-18-2009 - NY)

We hold that, at least in the absence of unusual facts, a foreign national who is in the United States on a tourist visa cannot meet the "primary residence" requirement of New York City's rent regulations.

Defendant's landlord brought this ejectment action to remove her from a rent stabilized apartment in Manhattan. The landlord alleged that "the Premises are not occupied . . . as the Tenan... More...   $0 (10-23-2008 - NY)

15 Immunotherapy, Inc. and its successor in interest, Vacold LLC (together,
16 “Immunotherapy�), appeal from a judgment of the United States District Court
17 for the Southern District of New York (Richard M. Berman, J.) in favor of
18 Immunotherapy’s former business partner, Cerami Consulting Corporation
19 (“CCCâ€�) and its affiliates, Anthony Cerami, Carla Cerami, and VL... More...   $0 (10-02-2008 - NY)

On September 26, 2002, plaintiff-appellant Maher Arar, a dual citizen of Syria and Canada, and
the subject of a U.S. government “lookout,� J.A. 88, was detained by U.S. authorities at John F.
Kennedy International airport in New York City (“JFK Airport�) while en route from Tunisia to
Montreal. On October 7, 2002, J. Scott Blackman, then the U.S. Immigration and Naturalization<... More...   $0 (08-03-2008 - NY)

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)

This habeas corpus appeal requires us to consider a series of questions raised by Secretary of Defense Donald Rumsfeld and by Donna R. Newman, Esq., on behalf of Jose Padilla, an American citizen held by military authorities as an enemy combatant. Padilla is suspected of being associated with al Qaeda and planning terrorist attacks in this country. The questions were certified by the United... More...   $0 (12-19-2003 - NY)

Respondent-appellant Perusahaan Pertambangan Minyak Dan Gas Bumi Negara ("Pertamina") and non-party-appellant the Ministry of Finance of the Republic of Indonesia (the "Ministry") appeal from an April 26, 2002, memorandum and order issued by the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) insofar as it permits petitioner-appellee Karaha Bodas Compan... More...   $0 (12-10-2002 - NY)

On this appeal we consider whether plaintiff-merchant can maintain an action under UCC 7-210 for damages allegedly caused by defendants' conduct in the sale of commercial goods in order to satisfy a lien for unpaid warehouse charges. We agree with the Appellate Division that there was insufficient evidence of willful conduct to hold defendants liable for conversion damages under UCC 7-210(9)... More...   $0 (10-28-2002 - NY)

This case presents the thorny issue whether New York and federal law permit town council members to obtain indemnification under a license agreement. They allegedly failed to investigate charges of racial discrimination levied against the town's licensee, a private "boat and canoe" club. Both the council members and the club, separately and without admitting liability, settled the claims against t... More...   $0 (01-31-2002 - NY)

Defendants appeal from the decision of the United States District Court for the Southern District of New York (Charles L. Brieant, J.) to deny Defendants' motion to compel arbitration for a variety of claims brought by Plaintiffs with respect to a construction project on Plaintiffs' property. The district court held that threats made by Defendant Peter Kurth concerning both his ample knowledge of ... More...   $0 (09-07-2001 - NY)

Kimberly Santiago, an infant, was allegedly poisoned by lead paint in her apartment. Beni... More...   $0 (02-15-2001 - NY)

Immigration and Naturalization Service - Aliens - Female Genital Mutilation - Asylum - Abankwah is a twenty-nine year old native of Ghana and a member of the Nkumssa tribe, which is located in the central region of Ghana. The Nkumssa tribe condemns women who engage in premarital sex and punishes them through Female Genital Mutilation (FGM). Abankwah testified that her mother had held the positio... More...   $0 (07-09-1999 - NY)