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State Courts -
New York - January 12, 2006
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Barraco v. First Lenox Terrace Assoc., 7576 Index 112247/99 590688/00 590716/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Although an injured worker made out a prima facie case of liability under N.Y. Lab. Law § 240(1) against the owners by showing that an unsupported metal overhang of a sidewalk bridge collapsed when he walked on it, issues of fact existed as to whether an engineering consultant could be held liable as the owners' statutory agent.
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Bartkowski v. Lemcke, 97952,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: While summary judgment was properly entered against a lending company based on its liability to a broker for her fee, the company's owner was not liable as no evidence addressed his dominion over the company, his abuse of the privilege of doing business in the corporate form, and whether that abuse proximately caused the broker's injury.
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Catholic Charities of Diocese of Albany v. Serio, 96621,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Despite the fact that the Women's Health and Wellness Act violated the Free Exercise Clause, summary judgment was properly granted to the New York Insurance Superintendent, as said law was facially neutral and generally applicable, the employers failed to show their qualification for an exemption, and an entanglement issue was not presented.
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Elliott v. Qwest Communications Corp., 98177,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: A stockholder's claim for unjust enrichment against corporations was time-barred under N.Y. C.P.L.R. 213(1) because the claim accrued in 1995 when the stockholder wired money to purchase preferred stock or, at the latest, in 1996 when the first corporation requested additional information and failed to timely issue a stock certificate.
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Estate of Mercer K. Ellington v. American Socy. of Composers, Authors & Publs. , 7570 Index 602549/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Garrett v. New York City Health & Hosps. Corp., 7565N Index 15233/82,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Heim v. Tri-Lakes Ford Mercury, Inc., 98397,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because a passenger and the passenger's wife provided no basis to pierce the corporate veil in order to show that the alleged owners were strictly liable under N.Y. Gen. Bus. Law § 251 for the passenger's injuries in an airplane accident, the trial court properly granted the alleged owners' motion for summary judgment.
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