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State Courts -
New York - January 16, 2007
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Matter of R & V Dev., LLC v. Town of Islip, Zoning Bd. of Appeals, 2006-01707, (Index No. 6328-05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Matter of Rocky Point Realty, LLC v. Town of Brookhaven, 2005-08059,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Town's authorization of condemnation was confirmed because notice of public hearing identified property affected, as N.Y. Em. Dom. Proc. Law § 202(A) required; proposed condemnation was rationally related to public purpose, as N.Y. Em. Dom. Proc. Law § 207(C) required; proceeding complied with State Environmental Quality Review Act requirements.
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Matter of Subrina A. v. Tallac A., 2006-02931, (Docket Nos. N-05902-04, N-05903-04, N-05904-04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Merchants Bank of N.Y. v. Gross, 9762, Index 121783/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Nason v. Fisher, 9823, Index 108120/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Overview: Although there were triable issues of fact with respect to a client's cause of action for constructive fraud and overbilling, a client's claims for false representation under Judiciary Law § 487, malpractice, and false imprisonment were deficient; therefore, the trial court properly granted the attorneys' cross-motion for summary judgment.
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Nelson v. Bestway Coach Express, 9830, Index 7902/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Overview: Because a passenger was entitled to an initial opportunity to develop the record regarding the factual basis of the defendants' reliance on the emergency doctrine, and had a reasonable excuse for her inability to carry her burden on summary judgment under CPLR 3212(f), the motion court erred in granting a bus company's motion for summary judgment.
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