Property Tax Assessments: Matter of G.R.J.H. Inc. v. Otis 
By Daily Record Staff
POSTED: December 30, 2010
Tags: Appellate Division, Third Department, Case Digests, property tax assessments
Appellate Division, Third Department Property Tax Assessments Matter of G.R.J.H. Inc. v. Otis 509132 RPTL Article 7 Proceeding; Supreme Court, Saratoga County Background: In April 2005, the petitioner purchased commercial property in the Town of Malta for $440,000. The property, which is located approximately 200 yards from the Exit 11 ramps of Interstate 87, is [...]
Insurance Contracts: Jacobson v. Metropolitan Property & Casualty Insurance Co. 
By Daily Record Staff
POSTED: December 30, 2010
Tags: Case Digests, insurance contracts, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York Insurance Contracts Flood Policy — 60-Day Notice Period Jacobson v. Metropolitan Property & Casualty Insurance Co. 09-CV-158 Judge Kahn Background: Presently before the court is a motion for summary judgment by Metropolitan Property & Casualty Insurance Co. The plaintiff Robert Jacobson seeks recovery against the defendant under [...]
Judgments: Otto v. Saia 
By Daily Record Staff
POSTED: December 30, 2010
Tags: Case Digests, Judgments, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Judgments Satisfaction — Discovery Otto v. Saia 04-CV-494 Judge Arcara Background: Currently before the court is a motion by the plaintiff, Hajo Otto, for an order compelling the judgment-debtor, Samuel Saia, and others to comply with post-judgment discovery requests. On Nov. 20, 2009, judgment was entered in [...]
Constitutional Torts: Haynes v. Zaporowski 
By Daily Record Staff
POSTED: December 30, 2010
Tags: Case Digests, constitutional torts, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Constitutional Torts Rights of Parolee — Violations of Parole Haynes v. Zaporowski 10-CV-224 Judge Arcara Background: On March 17, the plaintiff commenced this case by filing a complaint that set forth 11 different claims under §1983 against various combinations of the named defendants. All 11 claims ultimately [...]
Right to Counsel: People v. Porto, People v. Rodriguez 
By Daily Record Staff
POSTED: December 29, 2010
Tags: Case Digests, New York State Court of Appeals, right to counsel
New York State Court of Appeals Right to Counsel Motion to Substitute Assigned Counsel People v. Porto People v. Rodriguez No. 219/No. 220 Appealed from the First Department Background: The common issue presented in these two appeals is whether the respective defendants’ motions to substitute counsel were properly denied in light of the “minimal inquiry” [...]
Tax Foreclosure: Albert and Francis vs. Watkins Glen International Inc. 
By Daily Record Staff
POSTED: December 29, 2010
Tags: Case Digests, tax foreclosure, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Tax Foreclosure Due Process — Constitutional Liberties Albert and Francis vs. Watkins Glen International Inc. 10-CV-6613 Judge Siragusa Background: In their amended complaint, the plaintiffs raise seven causes of action against the defendant and the sheriff’s department. In the first, they allege the defendants deprived them of [...]
ERISA: Trapp v. Reliance Standard Life Insurance Co. 
By Daily Record Staff
POSTED: December 29, 2010
Tags: Case Digests, ERISA, U.S. District Court Western District of New York
U.S. District Court, Western District of New York ERISA Short-Term Disability Insurance — Medical Disorders Arising Out of Work Trapp v. Reliance Standard Life Insurance Co. 07-CV-835 Judge Curtin Background: This action was commenced by the filing of a summons and verified complaint in Buffalo, N.Y., City Court on Nov. 15, 2007, and was removed [...]
Insurance Contracts: 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co. 
By Daily Record Staff
POSTED: December 29, 2010
Tags: Case Digests, insurance contracts, U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Second Circuit Insurance Contracts 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co. 10-799-cv Appealed from the Western District of New York Background: This is an appeal by the defendant from a summary judgment entered in the U.S. District Court for the Western District of New York in [...]
ADA: Bonilla v. Monroe #1 BOCES 
By Daily Record Staff
POSTED: September 3, 2010
Tags: ADA, Case Digests, U.S. District Court, WDNY
U.S. District Court, WDNY ADA Bonilla v. Monroe #1 BOCES 06-CV-6542 Judge Telesca Background: The plaintiff alleges the defendant discriminated against her, forced her to resign her employment and retaliated against her because of her alleged disability, namely depression and bi-polar disorder. The defendant moves for summary judgment, arguing the plaintiff’s claims fail as a [...]
ERISA: Stanton v. Lincoln Life & Annuity Co. of New York 
By Daily Record Staff
POSTED: September 3, 2010
Tags: Case Digests, ERISA, U.S. District Court, WDNY
U.S. District Court, WDNY ERISA Policy Exclusions — Intoxication Stanton v. Lincoln Life & Annuity Co. of New York 09-CV-6430 Judge Siragusa Background: The plaintiff seeks to recover accidental death insurance benefits, and brought action pursuant to the Employee Retirement Income Security Act. The decedent was intoxicated and operating a snowmobile when he struck a [...]
Leave to File Petition: Wall v. U.S. 
By Daily Record Staff
POSTED: September 3, 2010
Tags: Case Digests, Leave to File Petition, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Leave to File Petition Ineffective Assistance Wall v. U.S. 10-2354-op Background: Petitioner Robert F. Wall, proceeding pro se, seeks leave to file a successive 28 U.S.C. §2255 petition raising various challenges to his judgment of conviction, entered July 31, 2009, for the possession of child pornography. Ruling: [...]
Personal Property: Bakalar v. Vavra 
By Daily Record Staff
POSTED: September 3, 2010
Tags: Case Digests, personal property, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Personal Property Artwork — Proof of Title Bakalar v. Vavra 08-5119-cv Appealed from the Southern District of New York Background: The case involves a dispute between plaintiff David Bakalar, the current possessor of a drawing by Egon Schiele, and the defendants, Milos Vavra and Leon Fischer, who [...]
