DECISION AND ORDER PAUL G. FEINMAN, Judge. Motions bearing sequence numbers 009, 010, and 011 are consolidated for the purposes of decision. In motion sequence number 009, brought by order to show cause (Doc. 126), plaintiff seeks an order striking defendants' counterclaims and defenses. In motion sequence number 010 (Doc. 128), defendants/counterclaim plaintiffs seek an order compelling plaintiff/counterclaim defendant to produce specified documents described in its privilege log produced...
MELVIN L. SCHWEITZER, J. Defendants bring a Motion to Dismiss pursuant to CPLR 3211 (a)(5) and (a)(7). For the reasons discussed below, Defendants' motion is granted in part and denied in part. Background The following facts are drawn from the Complaint, and are taken as true with all reasonable inferences drawn in favor of the Plaintiff for the purposes of this Motion to Dismiss. Skillgames, LLC v Brody, 1 A.D.3d 247 , 250 (1st Dept 2003). Plaintiff Stichting Pensioenfonds ABP (ABP)...
FRIED, Judge. It is ordered that this motion is decided in accordance with the attached memorandum decision. In the instant action, motions sequence 005 and 006 are consolidated for decision. In motion sequence 005, plaintiff LL Lifestyle, Inc. (Lifestyle) and counterclaim defendants Lifestyle and Donald C. Choi (Choi) move, pursuant to CPLR 3212, for an order granting: (a) summary judgment in favor of Lifestyle on the second, fifth, and sixth causes of action in the amended complaint; and (b)...
DECISION AND ORDER ELLEN M. COIN, Judge. It is ordered that this motion is This constitutes the decision end order of the court. MOTION IS DECIDED IN ACCORDANCE WITH THE DECISION AND ORDER. This defamation action arises out of headlines and articles published in the New York Daily News upon allegations contained in an FBI affidavit submitted in support of a search warrant in Federal Court. Defendants Daily News, L.P. ("Daily News"), Robert Gearty ("Gearty"), Kevin Convey ("Convey") and...
BERNARD FRIED, Judge. It is ordered that this motion is This motion is decided in accordance with the attached memorandum decision. A Status Conference will be held in Part 60 on Wednesday, June 13, 2012 at 10 a.m. SO ORDERED. In this action to recover unpaid sums allegedly due plaintiffs as a result of work provided to defendant William D. Witter, Inc. (WDW), defendants move, pursuant to CPLR 3211 (a) (7), for an order dismissing the complaint. WDW was the general partner of nonparty Pine...
MELVIN L. SCHWEITZER, Judge. This action, Index Number 653590/2012, arises from a dispute between plaintiffs Marriott International Inc., hereinafter Marriott, and Renaissance Hotel Management Company, hereinafter Renaissance (Marriott and Renaissance collectively plaintiffs) and defendant, Eden Roc, LLLP (hereinafter Eden Roc). On October 15, 2012, plaintiffs filed suit asserting breach of contract and seeking declaratory judgment and equitable relief in response to Eden Roc's attempt to...
DECISION AND ORDER BARBARA JAFFE, Judge. It is ordered that this motion is Decided in accordance with accompanying decision/order. By notice of motion dated January 31, 2012, defendant City moves pursuant to CPLR 3211(a)(7) and/or 3212 for an order summarily dismissing the complaint and any cross claims against it. Plaintiff and defendants Steven Croman, Harriet Croman, Edward Croman, and Croman Real Estate, Inc. oppose. In her notice of claim served on City on May 13, 2009, plaintiff...
MELVIN L. SCHWEITZER, J. Defendants bring a Motion to Dismiss pursuant to CPLR 3211 (a)(5) and (a)(7). For the reasons discussed below, Defendants' motion is granted in part and denied in part. Background The following facts are drawn from the Complaint, and are taken as true with all reasonable inferences drawn in favor of the Plaintiff for the purposes of this Motion to Dismiss. Skillgames, LLC v Brody, 1 A.D.3d 247 , 250 (1st Dept 2003). Plaintiff Stichting Pensioenfonds ABP (ABP)...
OPINION OF THE COURT LUCY BILLINGS, J. In this proceeding pursuant to CPLR article 75, petitioner Nicole Moreno-Lieberman moves to vacate an arbitration award dated February 16, 2011, insofar as it (1) found her culpable of one of four specifications charged against her and (2) imposed a $7,000 fine. The sustained fourth specification charged that "[o]n or about May 24, 2010, Respondent [petitioner here] did impede an official Department investigation, in that Respondent turned over...
ELLEN M. COIN, J. This is a motion to compel compliance with information subpoenas and subpoenas duces tecum issued upon a Lebanese penal judgment, which has been filed with the County Clerk of New York County as a Maryland sister-state money judgment. 1 Plaintiff Adnan Abu Ayyash, a Lebanese native residing in the Kingdom of Saudi Arabia, obtained the judgment in 2005 in a lawsuit against defendant-judgment debtor Rana Abdul Rahim Koleilat for massive fraud in the aftermath of the collapse...
LUCY BILLINGS, J. Petitioner seeks to reverse respondents' termination of petitioner's probationary employment and respondents' unsatisfactory rating of petitioner's performance as a teacher for the 2009-2010 school year. She claims that respondents' determination violated procedures prescribed in their handbooks and in the Collective Bargaining Agreement (CBA) between respondent Board of Education and petitioner's labor union, the United Federation of Teachers, and was arbitrary and...
OPINION OF THE COURT LUCY BILLINGS, J. Petitioners claim respondents violated their labor union constitution's express terms by accepting respondent Fathi's election as the union president, when he had been convicted of possession of stolen property and repeatedly of attempted petit larceny. The court previously entered a series of orders requiring timely hearings at each level of internal union appeals. In a decision dated August 23, 2010, the parent union judicial panel ultimately upheld...
It is hereby ORDERED that the order so appealed from is affirmed without costs. Memorandum: Plaintiff commenced this action alleging that defendant breached a contract pursuant to which defendant became plaintiff's insurance agent, procured insurance for plaintiff and generally assisted and advised plaintiff in regard to insurance matters. Defendant moved for summary judgment dismissing the complaint on the ground that it had fulfilled all of its obligations to plaintiff as required by law. We...
OPINION OF THE COURT MAZZARELLI, J.P. Plaintiffs, all women, worked for defendant and another doctor, in their medical office. Plaintiff Hernandez was employed in defendant's office from January 2006 through December 2006, as a medical clerk, and then as an assistant office manager. Plaintiff Herarte was employed by defendant as a medical clerk for over three years. Plaintiff Stern began working in the office as a physician's assistant in June 2003. Plaintiffs allege that, in violation of...
OPINION OF THE COURT CATTERSON, J. The parties in this breach of contract action have been engaged in a highly contentious business relationship since they agreed to form a joint venture to build a multi-billion dollar undersea fiber-optic telecommunications network almost 15 years ago. Between periods of litigation, the parties have spent the last 12 years unhappily and unsuccessfully negotiating the details of the plaintiffs' usage of such a network. We now find that the prior decisions of...
OPINION OF THE COURT Tom, J. This matter arises out of the diversion of the proceeds of a loan made by plaintiff's predecessor in interest to finance the renovation of a Manhattan property as a hotel. The conversion of the funds was accomplished by capital transfers to shell entities controlled by defendants Maurice Cohen and his son, Leon (collectively, the Cohens). 1 They were assisted in this enterprise by Sonia Cohen, wife of Maurice Cohen, and two family employees, Robert Maraboeuf...
In these consolidated actions for fraud and unjust enrichment, plaintiff hedge funds allege that they sustained losses as a result of misrepresentations made by defendant relating to its intention to acquire shares in nonparty Volkswagen AG (VW). Plaintiffs allege that they were fraudulently induced into making short sales in VW stock in reliance on defendant's public and private assurances that it had no present intention to acquire a 75% stake in VW, and that when defendant unveiled its...
Lahtinen, J. During the course of an armed robbery of an auto supply store by petitioner and Luis Torres in December 1978, a New York City police officer, who was unaware of what was transpiring, walked into the store to inquire about a nearby double parked car and was shot and killed by Torres. Petitioner was eventually convicted in 1980 of, among other crimes, felony murder ( People v Costello, 104 A.D.2d 947 [1984], lv denied 64 N.Y.2d 779 [1985]) and received a sentence of 25 years to...
OPINION OF THE COURT AUSTIN, J. On this appeal, we address whether intentional tort and fraud claims to recover damages allegedly resulting from the confinement of commercial airline passengers in an airplane remaining on a tarmac outside of a terminal for several hours without affording passengers food, water, clean air, and toilet facilities is preempted by federal law. We also determine whether, in an electronically filed (hereinafter e-filed) action, the failure to annex a complete set of...
OPINION OF THE COURT Per Curiam. Respondent was admitted to the practice of law by this Court on February 6, 2004, and maintains an office in Clark Mills. The Grievance Committee filed a petition charging respondent with acts of misconduct, including making misrepresentations to opposing counsel in a judgment enforcement matter and failing to cooperate with the investigation of the Grievance Committee. Respondent filed an answer denying material allegations of the petition, and a Referee was...
