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| Matter of Tokarz v. Loughlin, 2005-03672,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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| Matter of Tyrelle T., 2004-08961,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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| Matter of Wanda P. v. Monroe County Dept. of Human Servs., V-09637-05,
FAMILY COURT OF NEW YORK, MONROE COUNTY, January 24, 2006, Decided
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| Matter of Zazulka v. New York State Dept. of Envtl. Conservation, 2005-02521,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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| Melcher v. Apollo Med. Fund Mgt., L.L.C., 7657, 7658N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Overview: Motion to dismiss former member's breach of fiduciary duty action against member of limited liability company alleging diversion of company assets was properly denied. While member was permitted to act in member's own interest, Del. Code Ann. tit. 6, § 18-1101(c) recognized possibility that duty between members could not be contracted away.
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| Mesholam v. Mesholam, 2004-00800, Index No. 21826/99,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Because a wife discontinued a divorce proceeding, she was not entitled to attorney fees in the husband's subsequent action, and the commencement date of the wife's action should have been used in valuing the husband's pension.
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| Moore v. Edison, 2005-04656,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: In a personal injury case, defendant made a prima facie showing that plaintiff did not sustain a serious injury under N.Y. Ins. Law § 5102(d) by submitting copies of plaintiff's deposition testimony and defendant's examining physician's medical report. In opposition, evidence submitted by plaintiff was insufficient to raise a triable issue of fact.
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| Mount Sinai Hosp. v. Allstate Ins. Co., 2005-05298 (Index No. 13727/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: It could not be said as a matter of law that no-fault insurer failed timely to respond to hospital's demand for medical payments pursuant to N.Y. Comp. Codes R. & Regs. tit. 11, § 65-3.8(c) where it was not clear from summary judgment record when 30-day response period began to run.
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| Muller v. Abbott, 2004-11264 (Index No. 2215/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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