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Case Digests

Cruel and Unusual Punishment: Guarneri v. Superintendent Calvin E. West

U.S. District Court, WDNY Cruel and Unusual Punishment Shock the Conscience Guarneri v. Superintendent Calvin E. West 05-CV-6483L Judge Larimer Background: The plaintiff-inmate brought an action that alleged that the defendant subjected him to cruel and unusual punishment and denied ...

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Fair Labor Standards Act: Kuebel v. Black & Decker Inc.

Appellate Division, Fourth Department Fair Labor Standards Act Portal to Portal Act Kuebel v. Black & Decker Inc. 10-2273-cv Judges Parker, Livingston and Lynch Background: The plaintiff sued on behalf of himself and others similarly situated asserting that the defendant ...

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Americans with Disabilities Act: Abrahams v. MTA Long Island Bus; Cruz v. Nassau County

U.S. Court of Appeals for the Second Circuit Americans with Disabilities Act Municipality — Reasonable Modifications Abrahams v. MTA Long Island Bus; Cruz v. Nassau County 10-2058-cv; 10-2190-cv Judges Sack, Parker and Raggi Background: The consolidated appeal addressed the issues ...

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Fee Sharing: Opinion 864

NYSBA Committee on Professional Ethics Fee Sharing Out-of-State Lawyers Opinion 864 Background: The inquirer was a personal injury lawyer admitted to practice in New York state. He was contacted by an out-of-state lawyer, who represented a client in another state ...

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Sole Custody: Howden v. Keeler

Appellate Division, Fourth Department Sole Custody Prior Custody Agreement Howden v. Keeler CAF 09-02206 Appealed from Family Court, Allegany County Background: The respondent mother appealed from an order granting the father’s petition seeking sole custody of the parties’ child. The ...

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Derivative Neglect: In the matter of Angel L.H.

Appellate Division, Fourth Department Derivative Neglect In the matter of Angel L.H. CAF 10-01520 Appealed from Family Court, Chautauqua County Background: The respondent mother appealed from an order that determined that she derivatively neglected her child. The mother contends that ...

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Special Prosecutor: People v. Emar Abrams

New York State Court of Appeals Special Prosecutor Scope of Authority   People v. Emar Abrams No. 107 Memorandum Background: The defendant was convicted of numerous gun related crimes after he shot at his ex-wife and barricaded himself in the ...

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Non-dischargeable Debt: Rochester Lumber Company v. Millner

U.S. District Court, WDNY Non-dischargeable Debt Judgment Award Rochester Lumber Company v. Millner 10-CV-6490L Judge Larimer Background: The defendant debtor appealed a decision and order from the bankruptcy court determining that an existing money judgment against the debtor was a ...

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NYSBA Committee on Professional Ethics: Reasonably Certain Death or Bodily Harm

NYSBA Committee on Professional Ethics Reasonably Certain Death or Bodily Harm Opinion 866 Background: The inquirer assisted two principles in forming a business. The inquirer’s services consisted principally of preparing the documents and assisting with the organizational activities and filings. ...

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Jurisdiction: Karcz, Jr. v. Klewin Building Company Inc., et al.

Appellate Division, Fourth Department Jurisdiction Labor Law Karcz, Jr. v. Klewin Building Company Inc., et al. CA 10-02385 Appealed from Supreme Court, Niagara County Background: The action was commenced when the plaintiff sustained injuries when a truss he had lifted ...

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Law of the Case: Johnson v. Optometrix Inc.

Appellate Division, Fourth Department Law of the Case Prior Appeal Johnson v. Optometrix Inc. CA 10-02234 Appealed from Supreme Court, Monroe County Background: The plaintiffs had commenced a breach of contract action that sough the immediate possession of a retail ...

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Tax Exemption: Congregation Rabbinical College of Tartikov Inc., v. Town of Ramapo, et al.

New York State Court of Appeals Tax Exemption Religious Corporations Congregation Rabbinical College of Tartikov Inc., v. Town of Ramapo, et al. No. 109 Memorandum Background: The plaintiff’s property had been tax exempt in the town of Ramapo for several ...

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