Free Newsletter
Workplace Issues: Revived retaliation claim shows when case must go to jury
In Yang v. Navigators Group, a summary order decided on Dec. 22 (2016 U.S. App. LEXIS 23259), the Second Circuit Court of Appeals revived a retaliation claim and explained how the district court erred in granting summary judgment. The plaintiff alleged retaliation for speaking out on financial abuses, and brought this action under the Sarbanes-Oxley […]
Fourth Department – Summary Judgment: Britt v. Buffalo Municipal Housing Authority
Appellate Division, Fourth Department – Summary Judgment – Default – Law Office Failure Britt v. Buffalo Municipal Housing Authority CA 13-02089 Appealed from Supreme Court, Erie County Background: The plaintiff appealed from an order that denied her motion seeking to vacate an order granting the defendants’ motions for summary judgment dismissing the complaint. The [...]
Fourth Department – Summary Judgment: Abdulnabi v. Allstate Insurance Company
Appellate Division, Fourth Department – Summary Judgment – Breach of Insurance Contract – Intentional Conduct Abdulnabi v. Allstate Insurance Company CA 14-00359 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages based on the defendant’s breach of an insurance policy covering real property owned by the plaintiff. The defen[...]
Fourth Department — Summary Judgment: Resetarits Construction Corp. v. Pierce
Appellate Division, Fourth Department Summary Judgment Further Discovery Resetarits Construction Corp. v. Pierce CA 13-01522 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action seeking damages for breach of contract based on the alleged failure of the defendant to pay for work performed by the plaintiff pursuant to a construction contract. The […]
Inmate’s lack of consent sends case back down
The U.S. Court of Appeals for the Second Circuit does not have jurisdiction to review a magistrate judge’s order because the defendant did not consent to have his case reviewed by a magistrate judge. The Second Circuit last week vacated the May 8 decision of U.S. Magistrate Judge H. Kenneth Schroeder Jr. who had granted […]
Fourth Department — Summary Judgment: Schlau v. City of Buffalo, et al.
Appellate Division, Fourth Department Summary Judgment Premature — Complete Discovery Schlau v. City of Buffalo, et al. CA 11-01153 Appealed from Supreme Court, Erie County Background: The plaintiff, an employee of a concessionaire at the defendant HSBC Arena, commenced an action seeking damages for injuries he sustained after receiving an electrical shock from the handle […]
Fourth Department — Summary Judgment: Deere & Company v. M. P. Jones Companies Inc., et al.
Appellate Division, Fourth Department Summary Judgment Admissible Evidence Deere & Company v. M. P. Jones Companies Inc., et al. CA 11-00572 Appealed from Supreme Court, Onondaga County Background: In this breach of contract action, the defendants appealed from an order that struck their answers and counterclaims and granted the plaintiff’s motion for summary judgment. Ruling: […]
Fourth Department — Medical Malpractice: Gagnon v. St. Joseph’s Hospital, et al.
Appellate Division, Fourth Department Medical Malpractice Proximate Cause — Summary Judgment Gagnon v. St. Joseph’s Hospital, et al. CA 11-00343 Appealed from Supreme Court, Oneida County Background: The plaintiffs brought a medical malpractice action and appeal the dismissal of their complaint. The defendants moved for summary judgment and in support of their motion submitted only […]
WDNY – False Arrest: Taylor v. Fischer, et al.
U.S. District Court, WDNY False Arrest Malicious Prosecution — Summary Judgment Taylor v. Fischer, et al. 11-cv-6083L Judge Larimer Background: The pro se plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, sued eight employees of DOCCS. The plaintiff alleged that he was falsely imprisoned, suffered emotional […]
Beechwood Restorativ, et al v. Leeds, et al
U.S. District Court, WDNY Summary Judgment Subsequent Motion — Additional Discovery Beechwood Restorativ, et al v. Leeds, et al 02-cv-6235L Judge Larimer Background: The plaintiffs brought suit alleging the defendants had targeted the plaintiffs for closure of the plaintiff nursing home in retaliation for the plaintiff’s complaints and lawsuits in which the plaintiffs challenged a […]
Summary Judgment: Priestley v. Headminder Inc.
U.S. Court of Appeals for the Second Circuit Summary Judgment Parties Liable Priestley v. Headminder Inc. 09-4931-cv Judges McLaughlin, Hall and Berman Background: The defendant appealed from an order that denied the defendant’s request to strike the defendant as a party subject to a judgment because the plaintiff had not moved for summary judgment against […]
Summary Judgment: Brown v. Smith
Appellate Division, Fourth Department Summary Judgment Proper Evidence Brown v. Smith CA 11-00168 Appealed from Supreme Court, Monroe County Background: The infant plaintiff commenced the action after sustaining injuries as a result of her exposure to lead paint while residing in a house rented to her mother by the defendant. The plaintiff and the defendant […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
Polls
Loading ...