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Insurance Contracts: Jacobson v. Metropolitan Property & Casualty Insurance Co. (access required)

By Daily Record Staff
POSTED: December 30, 2010
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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 [...]

Breach of Contract: Cornerstone Realty Group Inc. v. Baum (access required)

By Daily Record Staff
POSTED: October 4, 2010
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U.S. District Court, Northern District of New York
 
Breach of Contract
 
Cornerstone Realty Group Inc. v. Baum
07-CV-167
Judge Mordue
 
Background: Plaintiffs Cornerstone Realty Group Inc. and Cornerstone Realty Group LLC claim the defendants wrongfully caused Cornerstone to lose its contractual option to purchase and develop more than 400 lots owned by Greene County. On March 24, 2008, the court issued a [...]

Federal Employers’ Liability: Corsale v. Delaware & Hudson Railway Co. Inc. (access required)

By Daily Record Staff
POSTED: October 4, 2010
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U.S. District Court, Northern District of New York
Federal Employers’ Liability
 
Corsale v. Delaware & Hudson Railway Co. Inc.
08-CV-572
Judge Sharpe
 
Background: Plaintiff Joseph Corsale Jr. brought action against his employer, Delaware & Hudson Railway Co. Inc. under the Federal Employers’ Liability Act, alleging D&H is liable for injuries he suffered in his left knee in the course of his employment. [...]

Social Security: Ford v. Astrue (access required)

By Daily Record Staff
POSTED: September 28, 2010
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U.S. District Court, Northern District of New York
Social Security
Ford v. Astrue
06-CV-1227
Judge Kahn
Background: In January 2004, Kenneth Ford filed an application for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act, alleging he had been unable to work since Dec. 1, 2001. The commissioner of Social Security denied the application and Ford sought [...]

False Arrest: Nash v. Village of Endicott (access required)

By Daily Record Staff
POSTED: September 23, 2010
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U.S. District Court, Northern District of New York
False Arrest
Sworn Allegations
Nash v. Village of Endicott
08-CV-541
Judge Mordue
Background: The plaintiff, Lester Nash, is now incarcerated and was arrested twice by officers of the Village of Endicott Police Department in the fall of 2005 for charges involving violations of the state Vehicle and Traffic Law, drug violations and endangering [...]

Social Security: Wallis v. Commissioner of Social Security (access required)

By Daily Record Staff
POSTED: September 23, 2010
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U.S. District Court, Northern District of New York
Social Security
Wallis v. Commissioner of Social Security
09-CV-1075
Judge McAvoy
Background: In September 2006, plaintiff Patty A. Wallis applied for SSI benefits and disability insurance benefits under the Social Security Act. She alleged she is unable to work due to a variety of physical and mental impairments. The commissioner of Social [...]

Job Discrimination: Figueroa v. Tri-City Highway Products Inc. (access required)

By Daily Record Staff
POSTED: September 14, 2010
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U.S. District Court, Northern District of New York
Job Discrimination
Figueroa v. Tri-City Highway Products Inc.
08-CV-868
Judge McAvoy
Background: The plaintiff’s action asserts that he was retaliated against at his place of employment in violation of Title VII of the Civil Rights Act of 1964, New York Executive Law §296(1)(e) and New York Labor Law §215. The defendants [...]

Social Security: Outley v. Astrue (access required)

By Daily Record Staff
POSTED: September 14, 2010
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U.S. District Court, Northern District of New York
Social Security
Outley v. Astrue
09-CV-141
Judge Scullin
Background: In February 2005, plaintiff Vivian Outley filed an application for SSI benefits under the Social Security Act. The plaintiff alleges she has been unable to work since Jan. 25, 2003, due to arthritis, knee replacement, back impairment, depression, schizophrenia, anxiety and posttraumatic stress [...]

Social Security: Giacchi v. Commissioner of Social Security (access required)

By Daily Record Staff
POSTED: September 14, 2010
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U.S. District Court, Northern District of New York
Social Security
Giacchi v. Commissioner of Social Security
10-CV-118
Judge McAvoy
Background: Plaintiff Joseph Giacchi’s instant action seeks review of the denial of certain benefits and also asserts claims pursuant to the New York Human Rights Law. He alleges he was discriminated against because of his disability. The defendant’s motion to dismiss [...]

Job Discrimination: Stuart v. Peake (access required)

By Daily Record Staff
POSTED: August 26, 2010
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U.S. District Court, Northern District of New York
Job Discrimination
Stuart v. Peake
08-CV-1350
Judge Sharpe
Background: Plaintiff Donald Stuart commenced this action against defendant James B. Peake, Secretary of Veterans Affairs, under Title VII of the Civil Rights Act of 1964, alleging employment-related race discrimination and unlawful retaliation. Peake has now moved for summary judgment.
The plaintiff, Donald Stuart, is [...]

Constitutional Torts: Dewitt v. City of Troy (access required)

By Daily Record Staff
POSTED: August 23, 2010
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U.S. District Court, Northern District of New York
Constitutional Torts
False Arrest
Dewitt v. City of Troy
09-CV-16
Judge McAvoy
Background: Plaintiffs Jamel DeWitt and Marquese Hill commenced an instant action against the defendants, asserting claims pursuant to 42 U.S.C. §1983 for denial of liberty, unlawful search and seizure, the use of excessive force, malicious prosecution and related common law claims [...]

Bankruptcy Appeal: Howe v. Dribusch (access required)

By Daily Record Staff
POSTED: August 19, 2010
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U.S. District Court, Northern District of New York
Bankruptcy Appeal
Howe v. Dribusch
09-CV-873
Judge Hurd
Background: Debtors appeal from an order of the Bankruptcy Court, which sustained the objection of Chapter 7 Trustee Christian H. Dribusch to the debtors’ claim of a cash exemption totaling $2,109.90 (consisting of $502 debtors had on hand at the time they filed the [...]

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