NY Daily Record Since 1908

U.S. District Court, WDNY Eighth Amendment Medical Treatment Collier v. Harter, et al. 04-cv-6514-CJS Judge Siragusa Background: The plaintiff, a prison inmate previously in the custody of the New York State Department of Corrections and Community Supervision, brought a pro ...

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U.S. District Court, WDNY Attorney-Client Privilege ERISA — Fiduciary Exception Gill, et al. v. Bausch & Lomb Supplemental Retirement Plan I, et al. 09-CV-6043CJS Judge Payson Background: The plaintiffs alleged that the defendants had unlawfully reduced their vested benefits in Bausch ...

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U.S. District Court, WDNY Defective Recording of a Mortgage Lis Pendens — Bona Fide Purchaser In re Barbara Sheppard 09-11017 B Judge Bucki   Background: After receiving a duly executed mortgage on the debtor’s real property, the defendant Countrywide Home ...

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U.S. District Court, WDNY  ERISA Plan Interpretation Holley v. Empire State Carpenters Pension Plan, et al. 11-cv-6316L Judge Larimer   Background: The plaintiff alleged that the defendants wrongfully denied him disability retirement pension benefits in violation of ERISA. The defendants ...

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U.S. District Court, WDNY Federal Indictment Dismissal — Attorney-client Privilege United States v. Rondeau 92-cr-0080L Judge Larimer Background: A grand jury entered a one-count indictment against the defendant for willfully and knowingly failing to appear at a Federal Correctional Facility ...

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U.S. District Court, WDNY Cruel and Unusual Punishment Legal Sufficiency Randolph v. Lindsay 09-cv-6597L Judge Larimer   Background: The plaintiff, filing pro se, alleged that his rights were violated while he was an inmate in the custody of the New ...

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U.S. District Court, WDNY Suppression of Physical Evidence Suppression of Statements — Legal Sufficiency United States v. Ahmad 11-CR-6130L Magistrate Payson Background: The defendant was charged with inducing, enticing and coercing a minor to engage in sexually explicit conduct for the ...

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U.S. District Court, WDNY Social Security Residual Functional Capacity — Type II Diabetes Juliano v. Astrue 10-cv-6682L Judge Larimer Background: The plaintiff filed for disability insurance benefits alleging an inability to work due to diabetes mellitus, high blood pressure, a ...

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U.S. District Court, WDNY Probable Cause False Arrest — Obstruction Yevstifeev v. Steve, et al. 08-cv-6476L Judge Larimer Background: The plaintiff and his wife brought an action, pro se, against the town of Brighton Police Department and its police chief ...

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U.S. District Court, WDNY Duplicative Indictments Multiple Apartments United States v. Love 10-cr-6116L Judge Payson Background: The defendant had been charged in six counts of a seven-count indictment. A grand jury returned a superseding indictment charging him with two new offenses: ...

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U.S. District Court, WDNY Bankruptcy Automatic Stay Eastman Kodak Company v. Collins Ink Corporation 11-cv-6513L Judge Payson Background: The defendant provided ink to the plaintiff for use in its commercial ink-jet printers for over a decade. After the parties’ most ...

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U.S. District Court, WDNY   Civil Forfeiture Controlled Substances Act U.S.A. v. Sum of $185,336.07 seized from Citizen’s Bank Account L7N-01967 08-cv-6287L Judge Larimer   Background: The U.S. commenced an in rem forfeiture action on the grounds that the claimant the ...

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