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| Ayres Mem. Animal Shelter, Inc. v. Montgomery County Socy. for Prevention of Cruelty to Animals, 500510,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Because Agriculture and Markets Law § 373(4), (6) permitted an animal shelter to recover only against the owner or person in charge of seized animals, the trial court properly granted a local cruelty prevention society a directed verdict in the shelter's action to recover the expenses incurred in caring for the seized animals.
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| Cinquemani v. Lazio, 500330,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Imposition of constructive trust was affirmed, as, inter alia, evidence established that deceased and plaintiff met conditions of defendant's promise to convey business by obtaining green cards and making all payments requested, including $ 250 per week, far exceeding $ 500 per month rent defendant charged another party.
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| Diamond State Ins. Co. v. Utica First Ins. Co., 9907N, Index 104910/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: In an action alleging that insurer two, in bad faith, refused to pay judgment obtained against its insured, disclosure should have been granted with respect to other claims of insurer two's insureds involving same policy exclusion since insurer two's prior interpretation of exclusion reflected on whether refusal to settle in case was in bad faith.
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| Edwards v. New York City Tr. Auth., 9701, Index 109764/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Although bus driver testified that, because a car cut in front of him compelling him to apply brakes and stop short, the passenger testified that bus was "driving fast" until it stopped suddenly while approaching a bus stop. Those contradictory versions of events leading to the stop raised a fact issue, precluding summary judgment.
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| Friscia v. Lem Lee 13th Ltd. Partnership, 112, Index 108123/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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| Grant v. Grant, 109, Index 350328/00,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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| HSBC Bank USA v. Merrill, 99486,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Judgment permitting foreclosure action to proceed on two original loans was affirmed as mortgagor did not contest accuracy of reconciliation sheets proving default on notes, but claimed that mortgagee violated Farm Service Agency (FSA) regulations. Regulations were designed to protect FSA's guarantee, and did not create private right of action.
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| Leach v. Bailly, 501201,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Given defendants' failure to submit any retainer agreement, billing records or law office documentation regarding their work in prior action, evidence submitted demonstrated lack of activity on behalf of corporation of which plaintiff was sole shareholder but did not definitively preclude finding that defendants represented corporation.
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| Matter of Brown v. Selsky, 500746,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, February 1, 2007, Decided , February 1, 2007, Entered
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Overview: Commissioner's decision finding an inmate guilty of refusing a direct order, making threats, and intentionally flooding his cell was supported by substantial evidence, as a hearing officer properly refused to allow the inmate to recall witnesses, where said evidence was redundant and irrelevant; and the inmate was not denied the right to be heard.
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