Committee on Professional Ethics — Residential Real Estate Transactions: Opinion 882 
By Daily Record Staff
POSTED: February 2, 2012
Tags: NYSBA Committee on Professional Ethics, Residential Real Estate Transactions, Seller’s Concession
NYSBA Committee on Professional Ethics
Residential Real Estate Transactions
Seller’s Concession
Opinion 882
Background: The inquiring lawyer represents a seller in a residential real estate transaction. The contract provision contains a provision for a seller’s concession (reduction in price) if the buyer is willing to pay an equal amount of the closing costs. In reality, the seller will not [...]
Fourth Department — Americans with Disabilities Act: Calhoun v. Ilion Central School District, et al.
By Daily Record Staff
POSTED: February 2, 2012
Tags: Americans with Disabilities Act, Appellate Division, Fourth Department, Individuals with Disabilities Education Act
Appellate Division, Fourth Department
Americans with Disabilities Act
Individuals with Disabilities Education Act
Calhoun v. Ilion Central School District, et al.
CA 11-00657
Appealed from Supreme Court, Herkimer County
Background: The plaintiff, a former student at the defendant school district, commenced an action alleging that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act and the Human Rights Law [...]
Fourth Department — Labor Law: Byrd v. Frederick E. Roneker Jr., et al.
By Daily Record Staff
POSTED: February 2, 2012
Tags: Appellate Division, Fourth Department, Labor Law, One-to Two-Family Dwelling Exemption
Appellate Division, Fourth Department
Labor Law
One-to Two-Family Dwelling Exemption
Byrd v. Frederick E. Roneker Jr., et al.
CA 11-00541
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking damages for personal injuries he sustained when he fell from a ladder while cutting a tree limb at a single-family home owned by the defendant. The defendant hired [...]
Second Circuit — Racketeering: United States v. Cain Jr., et al.
By Daily Record Staff
POSTED: February 2, 2012
Tags: Racketeering, Relatedness and Continuity, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit
Racketeering
Relatedness and Continuity
United States v. Cain Jr., et al.
09-0707-cr(L)
Judges Newman, Lynch and Restani
Background: The defendants appealed from judgments following a jury trial convicting them of racketeering and other related offenses. The defendants argued that the district court erred in failing to instruct the jury on the relatedness and [...]
Second Circuit — Racketeering: United States v. Cain Jr., et al.
By Daily Record Staff
POSTED: February 2, 2012
Tags: Racketeering, Relatedness and Continuity, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit
Racketeering
Relatedness and Continuity
United States v. Cain Jr., et al.
09-0707-cr(L)
Judges Newman, Lynch and Restani
Background: The defendants appealed from judgments following a jury trial convicting them of racketeering and other related offenses. The defendants argued that the district court erred in failing to instruct the jury on the relatedness and [...]
Committee on Professional Ethics — Spouses Sharing Office Space: Opinion 881
By Daily Record Staff
POSTED: February 1, 2012
Tags: NYSBA Committee on Professional Ethics, Spouses Sharing Office Space
NYSBA Committee on Professional Ethics
Spouses Sharing Office Space
Opinion 881
Background: The inquiring attorney asked whether it is permissible for her to use as contact information the address and telephone number of her spouse’s law firm as her own. She also asked whether the occasional use of a conference room at her spouse’s law firm would cause her [...]
Fourth Department — Administrative Review: Bello v. NYS Office of Temporary and Disability Assistance
By Daily Record Staff
POSTED: February 1, 2012
Tags: Administrative Review, Appellate Division, Emergency Assistance Funds, Fourth Department
Appellate Division, Fourth Department
Administrative Review
Emergency Assistance Funds
Bello v. NYS Office of Temporary and Disability Assistance
TP 11-00046
Transferred from Supreme Court, Niagara County
Background: The petitioner commenced an Article 78 proceeding seeking to annul a determination that required her to repay the emergency assistance funds paid to her electric and gas service providers. The respondent had concluded that [...]
Fourth Department — Construction Site: Baker v. City of Buffalo, et al.
By Daily Record Staff
POSTED: February 1, 2012
Tags: Appellate Division, Construction Site, Fourth Department, Trip and Fall
Appellate Division, Fourth Department
Construction Site
Trip and Fall
Baker v. City of Buffalo, et al.
CA 11-01408
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking damages for injuries he sustained while working for a masonry subcontractor on a renovation project. The plaintiff alleged that he fell and was injured when he climbed through an opening [...]
WDNY — Removal to Federal Court: MG Building Materials Ltd. v. Paychex Inc.
By Daily Record Staff
POSTED: February 1, 2012
Tags: Removal to Federal Court, Revival Exception, U.S. District Court, WDNY
U.S. District Court, WDNY
Removal to Federal Court
Revival Exception
MG Building Materials Ltd. v. Paychex Inc.
11-cv-6165L
Judge Larimer
Background: The action was originally commenced in a Texas state court by the plaintiffs alleging breach of contract and other claims that arose from a payroll administration contract. The defendant had not initially sought removal of the action, but moved to [...]
Committee on Professional Ethics — Contingent Fees: Opinion 880
By Daily Record Staff
POSTED: January 31, 2012
Tags: Contingent Fees, NYSBA Committee on Professional Ethics, Vehicle & Traffic Law
Committee on Professional Ethics
Contingent Fees
Vehicle & Traffic Law
Opinion 880
Question: The inquiring attorney asked if he may offer a refund of legal fees paid by a client in connection with proceedings for violations of the Vehicle and Traffic law if the charges were not dismissed or reduced.
Opinion: The committee stated that the prohibition of contingent fees [...]
Fourth Department — Partial Judgment: Ajay Glass & Mirror Co. Inc. v. AASHA G.C. Inc. et al.
By Daily Record Staff
POSTED: January 31, 2012
Tags: Appellate Division, Fourth Department, Partial Judgment, Subcontractor Assignments
Appellate Division, Fourth Department
Partial Judgment
Subcontractor Assignments
Ajay Glass & Mirror Co. Inc. v. AASHA G.C. Inc. et al.
CA 10-02514
Appealed from Supreme Court, Monroe County
Background: The plaintiff brought an action to recover funds owed to it for work performed on the Turning Stone Casino & Resort, owned by the Oneida Indian Nation. In order to comply with [...]
Fourth Department — Public Highways: AJ Baynes Freight Contractors Ltd., et al. v. City of Lackawanna et al.
By Daily Record Staff
POSTED: January 31, 2012
Tags: Appellate Division, city Ordinances, Fourth Department, Public Highways, Truck Routes
Appellate Division, Fourth Department
Public Highways
Truck Routes — City Ordinances
AJ Baynes Freight Contractors Ltd., et al. v. City of Lackawanna et al.
CA 11-01428
Appealed from Supreme Court, Erie County
Background: The plaintiffs brought the action seeking a declaration that the Lackawanna Municipal Code was invalid and unconstitutional. The ordinance established a truck route system that prohibited heavy trucks [...]
