New York Estoppel Law

Francis Paul Quinn, Jr. et aux. v. City of New York, New York City Department of Transportation

New York, New York personal injury lawyer represented Plaintiffs who sued Defendants on governmental tort claims negligence theories. Plaintiffs-Appellants Francis and Lori Quinn sued the City of New York and the New York City Department of Transportation (collectively, the City) for injuries related to a trip-and-fall accident. Francis Quinn alleges that in July... More...

$0 (06-09-2023 - NY)

Johnny Hincapie v. City of New York, et al.

On September 2, 1990, Brian Watkins, a tourist from Utah, was stabbed to death on a New York City subway platform. In the immediate aftermath of the attack, officers from both the New York Police Department ("NYPDâ€) and Transit Police Department ("Transit PDâ€) interviewed and arrested a host of witnesses and suspects. Several suspects were prosecuted, convicted, and sentenced to length... More...

$0 (07-21-2022 - NY)

JANE DOE, LUKE LOE, RICHARD ROE, MARY MOE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. THE TRUMP CORPORATION, DONALD J. TRUMP, DONALD J. TRUMP, JR., ERIC TRUMP, IVANKA TRUMP and ACN OPPORTUNITY, LLC

<center><h2><center> New York, NY - Criminal racketeering lawyer represented defendant with racketeering and conspiracy to conduct the affairs of a racketeering enterprise charges. </h2></center> This case arises out of the defendants-appellants' allegedly fraudulent, misleading, and deceptive statements. The plaintiffs-appellees assert that, thr... More...

$0 (08-24-2021 - NY)

Cayuga Nation, et al. v. Howard Tanner, et al

<center><h2><center> New York, NY - Indian Gaming Regulatory Act ("IGRAâ€) lawyer represented defendant with a Indian Gaming Regulatory Act ("IGRAâ€) claim. </h2></center> This case marks the latest installment of a decades-long dispute between the Cayuga Nation (the "Nationâ€), a federally recognized Indian tribe, and the Village o... More...

$0 (08-23-2021 - NY)

Ben Feibleman v. The Trustees of Columbia University In The City of New York

New York, New York civil rights sex discrimination lawyer represented Ben Feibleman who sued The Trustees of Columbia University In The City of New York on a civil rights Title IX Educational Amendments 1992 - Sex Discrimination theory claiming that he was wrongful found to have sexually assaulted a female classmate in 2016. Date Filed # Docket Text 02/24/2020 92 PROPOSED ORDER FOR ... More...

$0 (01-11-2021 - NY)

United States of America v. Purdue Pharma, L.P.

New York, NY - The United States of America charged Purdue Pharma, L.P. on civil and criminal theories relating to the manufacture and sale of opoids by the Sackler family. “The abuse and diversion of prescription opioids has contributed to a national tragedy of addiction and deaths, in addition to those caused by illicit street opioids,” said Deputy Attorney General Jeffrey A. Rosen... More...

$0 (10-21-2020 - NY)

Lorena M. Milligan v. CCC Information Services, Inc. and Geico General Insurance Company

<center> <img width="300" src="https://www.gsa.gov/portal/getMediaData?mediaId=210343"> </center> Defendants-Appellants GEICO General Insurance Company (“GEICO”) and CCC Information Services (“CCC”) appeal from an order of the United States District Court for the Eastern District of New York (Azrack, J.), denying their motions to compel appraisal in a suit brou... More...

$0 (04-03-2019 - NY)

David E. Kaplan v. Reed Smith, L.L.P.

<center> <img width="300" src="http://www.nysb.uscourts.gov/sites/default/files/buildingphoto_small.png"> </center> Appeal from an order of the United States District Court for the Southern District of New York (Naomi R. Buchwald, J.) enjoining proceedings in Reed Smith LLP v. Wohl, Index No. 155574/2017 (N.Y. Sup. Ct. N.Y. Cty. filed June 19, 2017) under the in‐aid&#... More...

$0 (03-20-2019 - NY)

Paul J. Frommert, et al. v. Sally L. Conkright, et al.

<center> <img width="300" src="http://www.nysb.uscourts.gov/sites/default/files/buildingphoto_small.png"> </center> 18 The principal issue in this appeal is whether the United States District 19 Court for the Western District of New York (Larimer, J.) awarded an adequate 20 equitable remedy for violations under the Employee Retirement Income 21 Security Act of 1974 ... More...

$0 (01-14-2019 - NY)

Michele Clark v. All Acquisition, L.L.C., et al.

In 2015, John Edward Clark was diagnosed with mesothelioma, a cancer caused by the inhalation of asbestos fibers. At that time, Mr. Clark was nearing completion of a Chapter 13 bankruptcy plan that he and his wife, Michele, had entered into in 2010. Although the Clarks fulfilled their last remaining obligations under the plan within a matter of weeks, their bankruptcy proceedin... More...

$0 (04-02-2018 - NY)

THE PEOPLE OF THE STATE OF NEW YORK v DUONE MORRISON <table> <td>

In August 2007, defendant was charged by indictment with, among other crimes, attempted murder in the second degree based on the accusation that, with the intent to cause the death of the victim, defendant shot the victim in the head and body on June 10, 2007. Following a jury trial, defendant was convicted of attempted murder in the second degree and another crime, and that conviction was upheld... More...

$0 (12-03-2017 - NY)

McCulloch Orthopaedic Surgical Services, LLC, a/k/a Dr. Kenneth E. McCulloch v. Aetna, Inc. d/b/a Aetna Health and Life Insurance Company, et al.

19 We consider in this case whether the Employee Retirement 20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., 21 completely preempts an “out‐of‐network” health care provider’s 22 promissory‐estoppel claim against a health insurer where the 23 provider (1) did not receive a valid assignment for payment under 3 No. 15‐2150&#8... More...

$0 (05-18-2017 - NY)

Changzhou Trina Solar Energy Co. v. United States

This consolidated action arises from the United States Department of Commerce’s (“Commerce”) countervailing duty (“CVD”) investigation of certain crystalline silicon photovoltaic products (“solar panels”) from the People’s Republic of China (“China”).2 Before the court is a motion by the Government of Canada and the Governments of Québec, Alberta, British Columbia, Manitoba,... More...

$0 (03-16-2016 - NY)

People Of New York v. Aleynikov

The Defendant was charged in this case with one count of Unlawful Use Of Secret Scientific Material in violation of Penal Law § 165.07 for conduct which occurred on June 1, 2009 (Count 1), one count alleging a violation of the same statute with respect to conduct which occurred on June 5, 2009 (Count 2) and one count of Unlawful Duplication of Computer Related in the First Degree in violation of ... More...

$0 (01-03-2016 - NY)

LightSquared Inc. et al v. Deere & Company et al

Before the Court is the joint motion of Defendants Deere & Company ("Deere"), Garmin International, Inc. ("Garmin"), Trimble Navigation Limited ("Trimble"), and The U.S. GPS Industry Council ("USGIC," and collectively, "Defendants") to dismiss two related actions brought against them by LightSquared, Inc. ("LightSquared"), a mobile telecommunications company currently in Chapte... More...

$0 (11-17-2015 - NY)

SEC v. CR Intrinsic Investors

The Court assumes familiarity with its prior Conditional Approval Order. Briefly restated, the SEC filed an Amended Complaint dated March 15, 2013 (the "Amended Complaint"), which alleged that CR Intrinsic participated in an insider trading scheme that caused hedge fund portfolios managed by CR Intrinsic and S.A.C. Capital Advisors, LLC to generate approximately $275 ... More...

$0 (11-15-2015 - NY)

Matter of TBA Global, LLC v Fidus Partners, LLC

Petitioner acquired a failing business pursuant to an asset purchase agreement that specifically excludes from the assets and liabilities being transferred to the buyer any "brokerage or finders' fees . . . or other similar payments" owed by the seller. The asset purchase agreement further specifically provides that the seller and the buyer will each bear its own "Transaction Costs," which are def... More...

$0 (09-08-2015 - NY)

Sapphire Inv. Ventures, LLC v Mark Hotel Sponsor LLC

In this action to rescind a purchase agreement and recover a down payment, the proceeding before the Attorney General (AG) was sufficiently judicial so as to warrant preclusive effect (see Coffey v CRP/Extell Parcel I, L.P., 117 AD3d 585 [1st Dept 2014], lv dismissed 24 NY3d 934 [2014]; see also Matter of CRP/Extell Parcel I, L.P. v Cuomo, 101 AD3d 473 [1st Dept 2012]). To the extent plaintiffs' a... More...

$0 (09-01-2015 - NY)

United States of America v. Apple, Inc.

14 Since the invention of the printing press, the distribution of books has 15 involved a fundamentally consistent process: compose a manuscript, print and 16 bind it into physical volumes, and then ship and sell the volumes to the public.Â Â 17 In late 2007, Amazon.com, Inc. ("Amazonâ€) introduced the Kindle, a portable 18 device that carries digital copies of books, kno... More...

$0 (07-02-2015 - NY)

Emmanuel Ellul v. Congregation of Christian Brothers, Order of the Sisters of Mercy, Catholic Religious Order

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Supreme Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. Â§ 1350 ("ATSâ€), does not apply extraterritorially to conduct that occurs outside the United States. 133 S. Ct. at 1665. The actions that form the basis of this case occurred far from the United States and many decades ... More...

$0 (12-12-2014 - NY)

United States of America v. Certified Environmental Services, Inc.

Certain technical state and federal regulations governing the removal of asbestos underlie the charges in this case. Asbestos is severely toxic, and "medical science has not established any minimum level of exposure to asbestos fibers which is considered to be safe.â€ 20 U.S.C. Â§ 3601(a)(3). Its complete removal is therefore required by both federal and state regulations. A. Federal... More...

$0 (05-28-2014 - NY)

Abdo Hizam v. John Kerry

21 Abdo Hizam was born in Yemen in October 1980. His father was a 22 naturalized U.S. citizen. In 1990, his father submitted an application for a 23 Consular Report of Birth Abroad ("CRBAâ€) on Hizam's behalf, and the parties 3 agree 1 that the representations made in the application were truthful. The 2 consular officer at the U.S. Embassy in Yemen issued Hizam a CRBA, wh... More...

$0 (03-12-2014 - NY)

Robert E. Wilson, III v. Daniel Valente Dantas

Plaintiffâ€appellant Robert E. Wilson, III appeals from the January 7, 2013 judgment of the District Court for the Southern District of New York (George B. Daniels, Judge) granting the motion to dismiss of defendantâ€appellee Citibank, N.A. and all related Citibank entities (the "Citibank defendantsâ€) for failure to state a claim upon which relief can be granted. The complaint alle... More...

$0 (03-06-2014 - NY)

Robert E. Wilson, III v. Daniel Valente Dantas

Plaintiffâ€appellant Robert E. Wilson, III appeals from the January 7, 2013 judgment of the District Court for the Southern District of New York (George B. Daniels, Judge) granting the motion to dismiss of defendantâ€appellee Citibank, N.A. and all related Citibank entities (the "Citibank defendantsâ€) for failure to state a claim upon which relief can be granted. The complaint alle... More...

$0 (03-06-2014 - NY)

Scott M. Matusick v. Erie County Water Authority

Appeal from judgments of the United States District Court for the Western District of New York (Richard J. Arcara, Judge), after a jury trial, based on, inter alia, the instruction to the jury not to give weight to administrative findings, the juryÊ¹s finding of liability on the plaintiffÊ¹s state law discrimination claims, the juryÊ¹s finding of liability on the plaintiffÊ�... More...

$0 (02-25-2014 - NY)

Scott M. Matusick v. Erie County Water Authority

Plaintiff Scott Matusick, who is white, was employed by the Erie County Water Authority (ÊºECWAÊº) during 2004 when, he claims, he was assaulted, harassed, and ultimately terminated from his employment because of a romantic relationship he had with an Africanâ€American woman, Anita Starks â€â€ now Anita Starksâ€Matusick. Starks and Matusick met in 2003 but, ... More...

$0 (01-06-2014 - NY)

Shahab Karmely v. Eitan Wertheimer

This appeal presents the recurring issue of whether relevant documents are ambiguous, precluding their interpretation on a motion to dismiss, but the issue arises in the unusual context of an agreement for a loan from a lender to himself and his partner. A minor though intriguing issue, rarely if ever encountered in a judicial opinion, is whether the character "iâ€ identifying a subparagraph ... More...

$0 (12-09-2013 - NY)

Arie Genger v. Sagi Genger

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 14, 2012, which, inter alia, granted defendant Dalia Genger's motion, pursuant to CPLR 3211(a), dismissing the complaint, unanimously reversed, on the law, without costs and the motion denied. We disagree with the Supreme Court's finding that it was the province of the auditor to make the initial determination as to ... More...

$0 (06-20-2013 - NY)

Hixon v 12-14 E. 64th Owners Corp.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 21, 2011, which amended the court's prior order entered October 13, 2011 to reflect that the amended complaint was dismissed upon defendants-respondents' motion to dismiss, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered August 27, 2012, which, upon reargument, adhered to the origi... More...

$0 (06-22-2013 - NY)

Kathy Joy Kirkendall v. Halliburton, Inc.

10 Plaintiff-appellant Kathy Joy Kirkendall ("Kirkendallâ€) is a longtime employee of 11 Dresser-Rand Company ("Dresser-Randâ€). Dresser-Rand was a partnership, first between 12 Dresser Industries, Inc. ("Dresserâ€) and Ingersoll-Rand Company ("Ingersollâ€), and later 13 between Halliburton, Inc. ("Halliburtonâ€) and Ingersoll. In 2000, Halliburton sold its int... More...

$0 (01-30-2013 - NY)

Jacobson v. Met. Prop. & Cas. Ins. Co.

Plaintiff-appellant challenges defendant-appellee's denial of coverage under the terms of an insurance policy provided under the National Flood Insurance Program, a program created by Congress that subsidizes flood insurance for individuals and businesses in areas of high flood risk. Plaintiff argues that defendant's denial of coverage excused compliance with the terms of the policy. Because we m... More...

$0 (03-06-2012 - NY)

April Gallop v. Richard Chaney

April Gallop ("Gallopâ€) appeals from a March 18, 2010 judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) dismissing her complaint asserting violations of her constitutional rights pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), a common law tort of conspiracy to cause death and great bodily harm, and a viola... More...

$0 (04-27-2011 - NY)

Patrick Tracy v. Park J. Freshwater, et al.

In this appeal, Plaintiff-Counter-Defendant-Appellant Patrick Tracy challenges the decisions of the United States District Court for the Northern District of New York granting the motion for summary judgment filed by Defendants-Counter-Claimants-Appellees on the ground of qualified immunity (Munson, J.) and denying Tracy's motion for reconsideration (McCurn, J.). Tracy primarily argues that the di... More...

$0 (11-30--0001 - NY)

Robert Derosa v. National Envelope Corporation

Robert DeRosa appeals from a judgment of the United States District Court for the Eastern District of New York (Korman, J.) following an award of summary judgment to the National Envelope Corporation. DeRosa had sued National Envelope, his former employer, alleging discrimination on account of a medical disability, in violation of the Americans with Disabilities Act, 42 U.S.C. Â§ 12112 (the "ADA... More...

$0 (02-17-2010 - NY)

Ragone v. Atlantic Video

This case presents questions of law regarding the enforcement of arbitration agreements. After the defendants announced their intention to waive enforcement of certain provisions of the arbitration agreement at issue, the district court (Koeltl, J.) granted the defendants' motion to dismiss the complaint and compel arbitration. We affirm the district court because we believe that the arbit... More...

$0 (02-17-2010 - NY)

Clear Channel Outdoor Inc. v. City of New York; Metro Fuel LLC. v. City of New York

The district court found that the challenged provisions of New York City's Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs' commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court's opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail in the... More...

$0 (02-03-2010 - NY)

Richard E. Snyder v. Edgar M. Bronfman, Jr.

We hold that quantum meruit and unjust enrichment claims brought to recover the value of plaintiff's services in helping to achieve a corporate acquisition are barred by the statute of frauds contained in General Obligations Law Â§ 5-701 (a) (10). I Because this case arises on a motion to dismiss the first amended complaint (complaint) under CPLR 3211, we take the facts alleged by ... More...

$0 (11-23-2009 - NY)

Norma Gorman, et al. v. Town of Huntington

Plaintiff Norma Gorman and her husband commenced this personal injury action against defendant Town of Huntington claiming that an uneven piece of the Town's sidewalk in front of a local church caused her to trip and fall. Four months prior to plaintiff's fall, the church's pastor had written to the Town's Department of Engineering Services, the department responsible for the Town's sidewalks, com... More...

$0 (04-07-2009 - NY)

14 Penn Plaza LLC, et al. v. Pyett, et al.

The question presented by this case is whether a provi-sion in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate claimsarising under the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C.Â§621 et seq., is enforceable. The United States Court of Appeals for the Second Circuit held that this Court'sdecision i... More...

$0 (04-09-2009 - NY)

Robert Ross, et al. v. American Express Company, American Express Travel Related Services Company and American Express Centurion Bank

Both parties have appealed from the memorandum and order, dated September 27, 2005, of the United States District Court for the Southern District of New York (Pauley, J.). In that decision, the district court considered both the defendants' motion to compel arbitration, pursuant to Section 4 of the Federal Arbitration Act ("FAAâ€), 9 U.S.C. Â§ 4, and the plaintiffs' motion for class certifi... More...

$0 (10-21-2008 - NY)