Quantcast
  • Home > Archive by tag 'Case Digests'

Property Tax Assessments: Matter of G.R.J.H. Inc. v. Otis (access required)

By Daily Record Staff
POSTED: December 30, 2010
Tags: , ,

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. (access required)

By Daily Record Staff
POSTED: December 30, 2010
Tags: , ,

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 (access required)

By Daily Record Staff
POSTED: December 30, 2010
Tags: , ,

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 (access required)

By Daily Record Staff
POSTED: December 30, 2010
Tags: , ,

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 (access required)

By Daily Record Staff
POSTED: December 29, 2010
Tags: , ,

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. (access required)

By Daily Record Staff
POSTED: December 29, 2010
Tags: , ,

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. (access required)

By Daily Record Staff
POSTED: December 29, 2010
Tags: , ,

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. (access required)

By Daily Record Staff
POSTED: December 29, 2010
Tags: , ,

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 (access required)

By Daily Record Staff
POSTED: September 3, 2010
Tags: , , ,

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 (access required)

By Daily Record Staff
POSTED: September 3, 2010
Tags: , , ,

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. (access required)

By Daily Record Staff
POSTED: September 3, 2010
Tags: , ,

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 (access required)

By Daily Record Staff
POSTED: September 3, 2010
Tags: , ,

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 [...]

Next Page »