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 a Standard Flood Insurance Policy issued [...]

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 favor of the plaintiff against defendant [...]

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 asserted, in one way or another, [...]

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” standard of People v. Sides (75 NY2d [...]

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 their liberty and property without due [...]

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 to this court pursuant to 28 [...]

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 favor of the plaintiffs. The [...]

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 matter of law because she [...]

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 tree and was killed. The defendants [...]

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: Wall’s prior §2255 petition challenging an [...]

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 are heirs to the estate of [...]