DECISION & ORDER BARBARA JAFFE, Judge. By notice of motion dated March 2, 20011, defendant moves pursuant to CPLR 5015 and 2221 for an order vacating the order dated February 14, 2011, and restoring defendant's motion for summary judgment to the calendar, or, in the alternative, granting defendant's motion to renew or reargue. Plaintiff opposes the motion. I. BACKGROUND On February 8, 2011, counsel were scheduled to appear before me for oral argument on defendant's motion for summary...
It is ordered that this motion is decided in accordance with the annexed decision and order. DECISION & ORDER PAUL G. FEINMAN, Judge. In the wake of Bernard Madoff's (Madoff) $65 billion Ponzi scheme, plaintiffs Larry Warshaw and Carol Warshaw, trustees for Carol Ann Enterprises, Inc. Pension Plan (Carol Ann), a pension plan for a business owned by plaintiff Larry Warshaw and his family, and Sajust, LLC (Sajust), a New York limited liability company owned by the Warshaw family (collectively,...
BERNARD J. FRIED, Judge. It is ordered that this motion is decided in accordance with the attached memorandum decision. Plaintiff and Counterclaim-Defendant Current Medical Directions, LLC ("CMD") and Counterclaim-Defendants Sudler & Hennessey, WPP Group USA, Inc., and WPP Group PLC (collectively "WPP") move for partial summary judgment seeking dismissal of Defendant and Counterclaim-Plaintiff Daniel Salomone's ("Salomone") counterclaims for (1) breach of the implied covenant of good faith...
DECISION AND ORDER O. PETER SHERWOOD, Judge. Before the court is plaintiff's motion for an order, pursuant to CPLR 2221, for leave to renew and reargue this court's decision and order dated May 2, 2011, which denied plaintiff's motion for a default judgment against defendants for their failure to appear or answer and dismissed the verified amended complaint, and upon renewal and/or reargument, vacating the May 2, 2011 decision and order and entering a default judgment in plaintiff's favor...
BERNARD J. FRIED, Judge. It is ordered that this motion is decided in accordance with the attached memorandum decision. In motion sequence 001, defendant 123 Washington LLC (123 Washington), a nominee of the Moinian Group (jointly, the owner), moves to dismiss the complaint, pursuant to CLPR 3211 and Lien Law 19. In motion sequence 002, defendant P.B. Capital Corp. (PB Capital) moves to dismiss the first cause of action, pursuant to CPLR 3211. This action arises from a contract dated...
EILEEN BRANSTEN, J. Defendants Countrywide Home Loans, Inc., Countrywide Securities Corp., Countrywide Financial Corp. and Countrywide Home Loans Servicing, LP (collectively, "Countrywide") with Bank of America Corp. (collectively, "Defendants") move to compel Plaintiff MBIA Insurance Corporation ("MBIA") to produce: (1) documents and information concerning MBIA's review of loan origination and servicing practices relevant to the fifteen residential-mortgage-backed securitizations (the "...
OPINION OF THE COURT LUCY BILLINGS, J. This proceeding requires the court to determine what interests and injuries New York City's Landmarks Preservation and Historic Districts Law protects, so as to confer standing for persons without a property or contractual interest in the landmark, which would confer standing absent the statutory protection. This determination in turn requires the court to ascertain whether, under the landmarks preservation statutes, it may recognize the types of...
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: Plaintiff commenced this action, individually and as fiduciary of the estate of Robert A. Smith (decedent), seeking damages for the wrongful death of decedent as the result of an accident in a four-way intersection controlled by a traffic light. That accident occurred when the vehicle driven by decedent's wife and in which decedent was a passenger collided with the vehicle driven by...
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: Plaintiff commenced this action on behalf of her daughter seeking damages for injuries her daughter sustained when she was struck by a vehicle operated by defendant while walking on the shoulder of the road. Plaintiff appeals and defendant cross-appeals from an order denying plaintiff's motion for partial summary judgment on liability, i.e., the issues of negligence and serious injury ( see...
It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs. Memorandum: Plaintiff, a former Monroe County Deputy Sheriff, was discharged from that position by letter dated December 15, 2004. Pursuant to paragraph 35.3.1 of the applicable collective bargaining agreement (CBA) between Monroe County (County), the County Sheriff and defendant, the union representing plaintiff, the parties had 10 business days from the date of plaintiff's discharge to...
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed ( see Empire Ins. Co. v Food City, 167 A.D.2d 983 , 984) and insofar as it denied that part of the motion seeking to resettle the order entered January 19, 2010 is dismissed ( see Gifaldi v Dumont Co., 172 A.D.2d 1025 , 1026) and the order is affirmed without costs.
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed. Memorandum: Petitioner, a third-party administrator for the New York Liquidation Bureau (NYLB), commenced this proceeding seeking payment of a workers' compensation lien ( see Workers' Compensation Law 29). The NYLB paid workers' compensation benefits to respondent Robert White after his original workers' compensation insurer, Legion...
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendants' motion seeking summary judgment dismissing the Labor Law 241 (6) claim insofar as that claim is based upon the alleged violation of 12 NYCRR 23-1.7 (e) (1) and (2), and by denying that part of defendants' motion seeking summary judgment dismissing the Labor Law 241 (6) claim insofar as that claim is based upon the alleged violation of 12 NYCRR 23-1.7 (f) and...
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: On appeal from a judgment convicting him following a nonjury trial of two counts of assault in the second degree (Penal Law 120.05 [3]), defendant contends that he was deprived of his right to testify before the grand jury ( see CPL 190.50). We reject that contention. Approximately three months after defendant was involved in an altercation with correction officers at Attica Correctional Facility...
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendant's motion for summary judgment dismissing the first cause of action to the extent that it sought consequential damages and as modified the order is affirmed without costs. Same Memorandum as in Utility Servs. Contr. v Monroe County Water Auth. ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]).
It is hereby ORDERED that said appeal from the order insofar as it denied that part of defendant's motion for summary judgment dismissing the first cause of action to the extent that it sought consequential damages is unanimously dismissed and the order is modified on the law by granting those parts of defendant's motion for summary judgment dismissing the first cause of action except to the extent that it sought consequential damages and for summary judgment on the counterclaim in the amount...
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. Memorandum: Claimant commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when a large "skid box" containing concrete debris slid off of a forklift and struck him. Following the liability portion of a bifurcated trial, the Court of Claims determined that defendant, the property owner, was liable for claimant's injuries pursuant to Labor Law 240 (1) and...
It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs. Memorandum: Respondent appeals from an order and judgment granting the petition pursuant to CPLR article 75 to compel arbitration and denying respondent's cross motion to stay arbitration, relief also sought in a counterclaim. Petitioner is the president of the Oswego Classroom Teachers Association (hereafter, Association), the collective bargaining agent for teachers and certain other...
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the application is granted upon condition that the proposed amended notice of claim is served within 20 days of the date of entry of the order of this Court. Memorandum: Plaintiff, an employee of defendant Town of Wheatfield, initially served a notice of claim alleging that she had been subjected to, inter alia, harassment, retaliation and a hostile work environment beginning on "December...
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting in part the motion of defendant Frederick E. Roneker, Jr. to settle the record on appeal and including plaintiff's memorandum of law therein for the sole purpose of determining whether certain of plaintiff's contentions are preserved for our review and as modified the order is affirmed without costs. Same Memorandum as in Byrd v Roneker ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]).
