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Blog Posts in July, 2007

53 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

UNINTENDED WATER INFILTRATION AIN'T NUISANCE OR TRESPASS

Property repairs can disrupt the flow of surface water and cause flooding of adjoining structures. Is there liability when such damage occurs? According to an appellate court decision, the answer will ...
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ARE YOU IN A STATE OF COLLAPSE?

Will an insurance company cover losses sustained as a result of a building's "collapse?" The answer to that question will depend, in large part, on a policy's terms and conditions. In Rector ...
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OOPS ... BRITNEY'S SINGLE AGAIN!

Hey kids, it's official. Britney Spears and Kevin Federline are no more. Earlier today, (July 30, 2007), the Los Angeles County Superior Court issued a Judgment in the matter of Britney Spears v. ...
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NYCLA'S AMICUS BRIEF WASN'T VOTER FRIENDLY

On July 13, 2007, New York County Lawyers' Association (NYCLA) filed its amicus curiae brief with the United States Supreme Court in the matter of New York State Board of Elections v. Margarita Lopez ...
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WHAT'S IN A BUILDING'S NAME?

In a dispute arising from the alleged misappropriation of a building's naming rights, Sheldon Solow sued Avon Products for monetary damages. When the New York County Supreme Court denied his claim, ...
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FERAL FELINE FEEDER FIRED

For a time, Cornell University 's Animal Science Teaching and Research Center paid for the care of a population of feral cats living in the Center's diary barns. In response to health and safety ...
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REACH OUT AND HARASS SOME BODY!

On March 12, 2007, Frank Dibrino threw his Verizon bill at his wife, hitting her in the face. The bill (which was still in the envelope), "caused a stinging pain and a red mark on her left side of her ...
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KNOCK, KNOCK?

An Ashcroft's involvement in a criminal case caught our eye. While it turns out this Ashcroft wasn't the former Governor and Senator of the State of Missouri, who also served as the 79th Attorney ...
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NO WINE AND ROSES HERE

Heather Perry suffered a slip and fall and fractured her ankle in the restroom of a popular nightclub up in Ulster County, New York. On the evening in question, Perry's fall was purportedly ...
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WHERE WAS SHE HIDING FOR 9 YEARS?

If you're just a "roommate" -- and not named in a lease or pay rent directly to the landlord -- the law may consider you to be a "licensee," which means you can be evicted once the person who granted ...
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ANGEL INJURED IN SEWER

In Romero v. J&S Simcha, Inc. , Angel Romero was employed by a private contractor and injured in an unshored trench while installing a sewer line for J&S Simcha, Inc. (J&S). Romero filed ...
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WHAT'S THE STATE BAR SMOKING?

As we reported yesterday, a federal court judge struck a large chunk of the attorney-advertising restrictions that had been promulgated by the Presiding Justices of New York State's four Appellate ...
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"BOARD BRO" LIABLE FOR INJURIES?

All sports are riddled with risk of injury, and those who engage in such activities are viewed by the law as having acquiesced to the possibility of harm, particularly those injuries which are ...
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NO CLAIM FOR NEGLIGENT WAXING?

We found a couple of cases involving negligent waxing and they had absolutely nothing to do with hirsutism. (Go figure.) Rose Davies sued the City of New York claiming that her slip and fall, and the ...
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THE BROOKLYN MACHINE IS ALIVE AND WELL

Until Thursday of last week, Leo Beitner was a candidate for Kings County Surrogate. Apparently, Beitner's momentum (and fundraising efforts here in New York County) posed a threat to Brooklyn ...
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ATTORNEY ADVERTISING RESTRICTIONS ARE UNCONSTITUTIONAL

"VICTORY IS OURS!" On July 20, 2007, in a 30-page decision, Judge Frederick J. Scullin, Jr., Senior United States District Court Judge of the Northern District of New York, enjoined and ...
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TENANT EVICTED FOR DENYING ACCESS

Unreasonably refusing a landlord access to your apartment can result in your eviction. In 3420 Newkirk LLC v. Sulker, the Sulkers were unwilling to allow their landlord entry into their ...
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ROAD LESS TRAVELED?

In Mackie v. Martucci, Robert and Katherine Mackie appealed from a judgment of the Westchester County Supreme Court which found that their neighbor, Katherine Martucci, shared an " express ...
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DIVORCE MADE FORMER SPOUSE A "LICENSEE"

If you are not named on a lease, haven't paid directly rent to the landlord, and/or, are not protected by some form of rent regulation, chances are the law will consider you to be a ...
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CO-OP'S ERROR RESULTS IN DENIAL OF FEES

As we have previously reported, there continues to be a disturbing resistance by our appellate courts to award legal fees to a prevailing party, even when that reimbursement is clearly authorized by ...
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1500 PRISONERS MAKE A BREAK!

Earlier today, we were forwarded a video link by one of our readers and, frankly, we don't know what to make of the darn thing. It seems that some 1500 inmates of a "detention and rehabilitation ...
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YOU HAVE ONLY 15 DAYS!

If you don't like the outcome of a trial, there's a procedure where you can ask the court to reconsider its decision and order a new trial. [Civil Practice Law and Rules 4404] But there's a catch: ...
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ROCKLAND COUNTY FAMILY VALUES?

In Holmes v. Gary Goldberg & Company, the Appellate Division, Second Department, overturned the dismissal of a lawsuit seeking to recover money stolen by the plaintiffs' own sister. The Holmes's ...
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"MENTAL ABNORMALITY" WILL GET YOU COMMITTED

In State of N.Y. ex rel. Harkavy v. Consilvio,* the New York State Court of Appeals ordered hearings to determine whether convicted sex offenders should be committed to secure psychiatric hospitals ...
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"NEXT TIME, MAKE HIM KNEEL!"

To assist the elderly and physically challenged, New York City buses are lift-equipped and have "kneeling features" which are intended to facilitate passengers' entry and exit. Hazel Trainer ...
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53 results found. Viewing page 1 of 3. Go to page 1 2 3   Next