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Recent Posts in Subject Matter Jurisdiction Category

NO BABY RUTH

Ruth L. challenged a Bronx County Family Court order which gave custody of her child to the paternal grandmother. Ruth believed that the court didn't have the power -- or "jurisdiction" ...
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CLAIMS REACHED A SUMMIT

Contracts Contractor’s claims denied in part as time-barred. A contractor brought four disputes, arising from contracts with the Parks Department for heating and ventilation work, to be resolved ...
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"THIS IS JUST THE BEGINNING"

Newman Ferrara attorney, Prof. Randolph McLaughlin, was quoted in a recent article released by Reuters on the recent dismissal of a lawsuit filed against Geno Auriemma (coach of Uconn's ...
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HARDWICK TO APPEAL DECISION

NY Judge Tosses Lawsuit Against UConn's Auriemma A New York City judge has dismissed an NBA security official's discrimination and assault lawsuit against University of Connecticut women's ...
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MCLAUGHLIN ON AURIEMMA DISMISSAL

Lawsuit Against Auriemma Dismissed; Appeal Filed Tuesday, April 16, 2013 by: Rich Elliott The employment discrimination lawsuit case filed against UConn women’s basketball coach Geno Auriemma ...
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NO REMOVING THE HIJAB

Morningside House of Ellicott City to Pay $25,000 for Religious Discrimination EEOC Says Muslim Applicant Denied Hire Because of Hijab An Ellicott City, Md., assisted living center will pay $25,000 ...
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RECONSIDER THIS!

In WTC Captive Insurance Company, Inc. v. Liberty Mutual, WTC Captive Insurance questioned whether the United States District Court for the Southern District of New York (SDNY) had subject matter ...
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WAS IT JURISDICTIONAL OR NOT?

In Uzan v. Telsim Mobil Telekomunikasyon Hizmetleri A.S. , Cem Cengiz Uzan filed suit asserting several tort claims against the directors of Telsim Mobil -- his former employer. A case may be heard in ...
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YOU TRY LIVING ON A $100 A WEEK!

In Matter of Johna M.S. v. Russell E.S. , Johna and Russell entered into a separation agreement wherein Russell agreed to pay Johna $100 per week in spousal maintenance, and $250 per week in child ...
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"WHAT'S COOKING, DOCS?"

In Matter of Garner v. New York State Dept. of Correctional Servs. , Elliot Garner challenged the power of the New York State Department of Correction Services (DOCS) to require him to undergo five ...
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DO THESE COUNTRIES REALLY COMPARE?

In Kuwaiti Eng'g Group v. Consortium of Intl. Consultants, LLC, Kuwaiti Engineering Group filed suit to enforce an agreement which had been reached with the Consortium of International Consultants -- ...
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HOW INCONVENIENT WAS THIS?

In Travelers Cas. & Sur. Co. v Honeywell Intl. Inc. , Honeywell appealed the denial of its motion to dismiss the case on the grounds of "forum non conveniens" -- that New York County Supreme Court ...
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ZIPPO GETS ZIPPO

Within the context of a Family Court proceeding, John Zippo alleged that Jennifer Zippo was in breach of a custody agreement and order which provided the John would see his child three days each year ...
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SHIRKING FORM NOT "JURISDICTIONAL"

A "summons with notice" is an abbreviated form of pleading authorized by New York rules, which allow litigants to avoid having to write out the entire basis of their cause of action or claim ...
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OWNER'S NOTICE SURVIVES CHALLENGE

Ninety to one-hundred and fifty days prior to the expiration of a New York City tenant's rent-stabilized lease, a landlord seeking to recover that unit for "owner's use" may serve a notice ...
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AT DEATH, JURISDICTION PARTS?

In 15th Assoc. LLC v. Pamblanco, the landlord -- 15th Associates, LLC -- won a summary holdover proceeding that it had filed against its tenant. While an appeal of the case was pending, the tenant ...
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CASE DISMISSED CAUSE TENANT ASKED FOR TOO MUCH!

Courts have "jurisdictional limits" -- which means they will typically hear only certain kinds of cases at certain dollar levels. By way of example, in the City of New York, the Civil Court ...
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DON'T BE SUED BY NOBODY

Anybody can sue you for anything, particularly if you let them. And, according to a recent appellate case, you can even be sued by a company that no longer exists. In Security Pacific National Bank v. ...
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EVEN THE CIVIL COURT HAS ITS LIMITS

The powers of New York's various courts are defined by statute and our state's Constitution. And, in some instances, this authority is severely limited or circumscribed. By way of example, a litigant ...
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ARBITRATION BEFITS BALLY'S

There's no need to get bent out of shape over arbitration, at least that's what the Appellate Term, 2nd and 11th Judicial Districts, advised the parties in Thomas v. Bally's Total Fitness Corp. In ...
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TENANT ALLOWED TO CHALLENGE HPD'S DECISION IN HOUSING COURT

Once an administrative agency issues a determination, a party will usually have an opportunity to appeal that decision by way of an internal review process. Once those steps have been exhausted, if ...
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WHEN "SUBJECT MATTER" MATTERS

Summary proceedings (whether they be about a tenant's nonpayment of rent or an occupant's "holding over") are frequently riddled with technical objections relating to the notices that preceded the ...
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SECURITY AIN'T RENT, BUT....

Like any other contract, lease or rental agreements are usually supported by the exchange of consideration. By that we mean, in return for a landlord's grant of exclusive possession and control of ...
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