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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 [...]

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. [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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, [...]

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. [...]

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 [...]

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 [...]

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 [...]

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