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State Courts -
New York - January 3, 2006
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Baird v. Kelly, 6824,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: Police commissioner properly denied policeman's claim under New York City, N.Y., Admin. Code § 13-252 for accidental disability retirement benefits because the alleged on the job harassment was not a line-of-duty accident, a "sudden, fortuitous mischance," even if the harassment did cause his post traumatic stress syndrome and depression.
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Batista v. Santiago, 7457,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Brauner Baron Rosenzweig & Klein, LLP v. Roth, 7469 Index 601117/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Burns v. Pace Univ., 7470,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: Plaintiff's personal injury action was properly dismissed as time-barred under N.Y. C.P.L.R. 205(a) because, although she was entitled to rely on the tolling provision because her prior action was not actually dismissed for failure to prosecute, the six-month limitation period began to run in November 2000 when the first action was "terminated."
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Cit Group/Commer. Servs., Inc. v. 160-09 Jam. Ave. L.P., 6684N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: Debtor's rent payment to landlord whose partners were related to debtor's officers was required to be paid by landlord to creditor because transfer was presumed to be fraudulent. Transfers rendered debtor insolvent, were made before judgment for creditor with knowledge of creditor's claims, and for only part of rent due under alleged verbal lease.
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DeCintio v. Lawrence Hosp., 7446 Index 20837/98,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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