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Salvatore Arnone v. Aetna Life Insurance Company
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Section 5‐335 of the New York General Obligations Law provides that personal
28 injury settlements “shall be conclusively presumed” not to include “any compensation
29 for the cost of health care services, loss of earnings or other economic loss[es]” that
30 “have been or are obligated to be paid or reimbursed by an insurer.” N.Y. Gen. Oblig.
31 Law § 5‐335(a). When sec... More... $0 (06-22-2017 - NY)
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Hapag-Lloyd Aktiengesellschaft v. U.S. Oil Trading LLC
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This action presents, as the District Court aptly put it, “interesting and apparently novel questions regarding the interplay among the United States bankruptcy law, maritime law and the federal interpleader statutes.” Hapag‐Lloyd contracted with non‐appealing Defendant O.W. Bunker Germany GmbH (“O.W. Germany”) to purchase fuel bunkers for these three ships, among ... More... $0 (02-26-2016 - NY)
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Kristi Foote v. Albany Medical Center Hospital
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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)
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Peter Marc Stern v. Andrew Lavoott Bluestone
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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)
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Morris I. Gletzer, & c. v. Amos Harris
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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)
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Vacold, LLC, Immunotherapy, Inc. v. Anthony Cerami, Carla Cerami, VLN, LLC and Cerami Consulting Corporation
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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 (“CCC”) and its affiliates, Anthony Cerami, Carla Cerami, and VL... More... $0 (10-02-2008 - 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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Karaha Bodas Company, L.L.C. v. Perusahaan Pertambangan Minyaj Dab Gas Bumi Negara et al.
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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)
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Midori Shimamoto, &c., et al. v. S&F Warehouses, Inc., et al.
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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)
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Kathleen Gibbs-Alfano and Thomas Alfano v. The Osining Boat & Canoe Club, Inc., et al.
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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)
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James Garten, et al. v. Peter C. Kurth, et al.
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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)
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Gold v. United Helath Services Hospitals
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Social Services Law § 104(2) limits the amount that a public welfare official may recoup from an infant who receives public assistance benefits. In these two cases, we must decide whether Medicaid's recoupment provisions are subject to this limitation. We conclude that they are not.
Kimberly Santiago
Kimberly Santiago, an infant, was allegedly poisoned by lead paint in her apartment. Beni... More... $0 (02-15-2001 - NY)
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