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State Courts -
New York - January 31, 2006
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Sakol v. Kirsch, 6927 Index 104429/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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State Farm Mut. Auto. Ins. Co. v. Sparacio, 2004-08669, 2004-08672, (Index No. 646/00),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Because the insured's underlying claim against their insurer was based on whether the insurer was obligated to provide uninsured or underinsured motorist benefits to them, the action was legal rather than equitable in nature; therefore, pursuant to N.Y. Const. art. I, § 2, the insureds were entitled to a jury trial.
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Steier v. Shoshana Kraushar Schreiber, 6442 Index 117251/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Appellate court reversed a trial court's denial of an individual's summary judgment motion to establish that she was a tenant in occupancy of a rent-controlled apartment as the individual had lived there for 11 years when the action was filed and the tenant's roommate had clearly indicated her intent to leave the apartment and not come back.
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TPZ Corp. v. Dabbs, 2003-03516, 2005-08613, Index No. 10038/97,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: In an action brought by a debt collector against a debtor to recover on a promissory note, the debt collector failed to demonstrate a prima facie entitlement to judgment as a matter of law where it failed to present competent proof of its standing as an assignee of the note.
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Tarone v. Tarone, 2004-00806, Index Nos. 1265/02, 803/03, 15142/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Where a husband's underlying divorce action had already been set aside for failure to show grounds for divorce, an open-court stipulation of settlement of the parties' financial issues was also subject to vacation.
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Tavella v. Tavella, 7239N- 7240N Index 200667/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Sanction should not have been imposed on family law attorney under N.Y. Comp. Codes R. & Regs. tit. 22, § 130.1.1 where she had believed in good faith that father had not complied with court order regarding school enrollment at the time she moved for him to be held in contempt.
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