Debt Collection Practices: Gorham-Dimaggio v. Countrywide Home Loans Inc. 

By Daily Record Staff
POSTED: March 9, 2010
Tags: Debt Collection practices, RESPA, U.S. District Court Northern District of New York

U.S. District Court, Northern District of New York
Debt Collection Practices
RESPA
Gorham-Dimaggio v. Countrywide Home Loans Inc.
08-CV-19
Judge Kahn
Background: Before the court are a motion for summary judgment filed by plaintiff Kim Gorham-DiMaggio and a cross-motion for summary judgment filed by the defendants. On June 13, 2003, the plaintiff obtained a mortgage loan on her home from the [...]

First Amendment: Hickey v. Myers 

By Daily Record Staff
POSTED: March 8, 2010
Tags: First Amendment, retaliation, U.S. District Court Northern District of New York

U.S. District Court, Northern District of New York
First Amendment
Retaliation
Hickey v. Myers
09-CV-1307
Judge McAvoy
Background: The plaintiff maintains he was removed unlawfully from his position as dean of the College of Liberal Arts and Sciences at SUNY Cobleskill for opposing racial discrimination in education in violation of Title VI, opposing racial discrimination in contracts in violation of §1981, [...]

Bankruptcy Appeal: Hormovitis v. Levine 

By Daily Record Staff
POSTED: March 2, 2010
Tags: Assets, Bankruptcy appeal, false statement, U.S. District Court Northern District of New York

U.S. District Court, Northern District of New York
Bankruptcy Appeal
False Statement — Assets
Hormovitis v. Levine
09-CV-758
Judge Suddaby
Background: The appeal is from an order sustaining the objection by Chapter 7 Trustee Paul A. Levine to the debtor’s discharge and denying the debtor’s discharge. On Aug. 28, 2007, the debtor filed a voluntary petition under Chapter 7 of the [...]

Bankruptcy Appeal: Pal Family Credit Co. Inc. v. County of Albany 

By Daily Record Staff
POSTED: March 2, 2010
Tags: bad faith, Bankruptcy appeal, chapter 11, U.S. District Court Northern District of New York

U.S. District Court, Northern District of New York
Bankruptcy Appeal
Chapter 11 — Bad Faith
Pal Family Credit Co. Inc. v. County of Albany
08-CV-656
Judge Mordue
Background: Before the court are several appeals involving the Pal Family Credit bankruptcy filed under Chapter 11. Two of the appeals challenge Judge Littlefield’s April 14, 2008 order dismissing with prejudice for 180 days [...]

Bankruptcy Appeal: Danussi v. Kaska 

By Daily Record Staff
POSTED: March 2, 2010
Tags: Bankruptcy appeal, fraud, homestead exemption, U.S. District Court Northern District of New York

U.S. District Court, Northern District of New York
Bankruptcy Appeal
Homestead Exemption — Fraud
Danussi v. Kaska
09-CV-198
Judge Hurd
Background: Creditor Sandra Danussi appeals from the denial of her objection to the claimed homestead exemption of debtor-appellee Jesse P. Kaska. Kaska, loaned her nephew $100,000 in August 2002 in order to help him build a used car and snowmobile dealership [...]

ADR: Sweringen v. New York State Dispute Resolution Association 

By Daily Record Staff
POSTED: February 18, 2010
Tags: ADR, Conflict of Interest, Deceptive Practices, New York State Dispute Resolution Association, Northern District of New York, NYSDRA, U.S. District Court

U.S. District Court, Northern District of New York

ADR
Deceptive Practices — Conflict of Interest
Sweringen v. New York State Dispute Resolution Association
05-CV-428
Judge Mordue
Background: NYSDRA is a nonprofit professional membership organization that provides dispute resolution services. In 2004, the Roman Catholic Diocese of Albany hired retired New York Court of Appeals Judge Howard A. Levine to develop the Independent [...]

Arbitration: Collins v. Ferrari 

By Daily Record Staff
POSTED: February 10, 2010
Tags: Arbitration, Northern District of New York, U.S. District Court

U.S. District Court, Northern District of New York
Arbitration
Collins v. Ferrari
08-CV-1274
Judge Suddaby
Background: The action, filed by Thomas E. Collins Jr. and Heather Collins pursuant to Section 9 of the Federal Arbitration Act, seeks to confirm an arbitration award rendered in their favor by a Financial Industry Regulatory Authority arbitrator May 20, 2008 against Lawrence Joseph Ferrari. [...]

Privileges and Immunities: Schoenefeld v. State of New York 

By Daily Record Staff
POSTED: February 10, 2010
Tags: Northern District of New York, Privileges and Immunities, U.S. District Court

U.S. District Court, Northern District of New York
Privileges and Immunities
Non-Resident Attorneys
Schoenefeld v. State of New York
09-CV-504
Judge Kahn
Background: Ekaterina Schoenefeld, an attorney, filed a pro se action for equitable relief pursuant to 42 U.S.C. §1983 in the Southern District of New York on April 1, 2008, alleging §470 of the state Judiciary Law on its face [...]