Thursday, February 9, 2012

Published Decisions

While most day-to-day court orders are not published beyond the county clerk's file in the particular case (public record for most cases, and sealed for matrimonial and some others), decisions from the appellate courts, as well as select trial level decisions, are published and used as guidance for deciding future cases.  Below is a list of published decisions where I have been the lawyer writing the briefs and/or arguing the appeal or motion:


Murphy v. NYC Transit, 74 A.D.3d 1158 (2d Dept. 2010) - Reversing dismissal of claim against municipality for failure to properly respond to assault.

Morris v. Bianna, 69 A.D.3d 910 (2d Dept. 2010) - Affirming denial of summary judgment in dram shop claim related to stabbing in a bar.

Funk v. UPS, 73 A.D.3d 851 (2d Dept. 2010) - Dismissing claim for trip and fall based upon inadequate lighting during a charity event.

Luo v. Mikel, 625 F.3d 772 (2d Circuit, 2010) - Reversing summary judgment on issue of serious injury in a motor vehicle accident case.

Wang v. 161 Hudson, 60 A.D.3d 668 (2d Dept. 2009) - Affirming jury verdict on liability, and remanding for new trial on damages.

Strickland v. PAL, 2009 NY Slip Op 50067(U) (Kings County, 2009) - Denying summary judgment in case regarding negligent crowd control.

Zheng v. Cohen, 52 A.D.3d 801(2d Dept. 2008) - Affirming denial of motion to dismiss construction accident claim.

Stawski v. Pasternack, 54 A.D.3d 619 (1st Dept. 2008) - dismissal reversed, and summary judgment granted in Plaintiff's favor, in legal malpractice claim based upon failure to timely file a construction accident claim.

Vignapiano v. Herbert Construction, 46 AD3d 544 (2d Dept. 2007) - Dismissed negligence case against property manager.


Ferri v. Riutta, 2012 NY Slip Op 30299(U)(Suffolk County, 2012) - among other things, dismissing an intentional infliction of emotional distress claim by in-laws against spouse involved in a divorce because the alleged conduct was not “so outrageous or extreme as to go beyond all possible bounds of decency" and, as "New York State does not recognize a cause of action to recover damages for this tort between spouses... it would appear that an action by the parent of a divorcing party to recover damages for intentional infliction of emotional distress in connection with the actions by and between the divorcing child and child-in-law should not be recognized by this court.”

Stolte v. McLean, 2012 N.Y. Slip Op 50115(U) (Suffolk County, 2012) - granting declaratory judgment to claimants in a post-divorce action over life insurance and pension proceeds.

Gaffney v. Romanello, 82 A.D.3d 930 (2d Dept. 2011) - Affirming order regarding interim counsel fees.

Wallach v. Wallach, 2007 NY Slip Op 30864(U) (Suffolk County, 2007) - granting motion for discovery in post-divorce action for breach of settlement agreement.


Mavropoulos v. Anderson, 2012 NY Slip Op 30546(U) (Suffolk County, 2012) - resolving various pre-answer motions in shareholders dispute, including denying a motion to dismiss based upon an alleged agreement because agreement said "lawyers agreement to follow" and "the purported agreement did nto constitute a final agreement and a meeting of the minds regarding the dissolution."

Bharucha v. Greenberg, 2011 NY Slip Op 30171(U) (Nassau County, 2011) - denial of motion for summary judgment in breach of contract action regarding escrow agreement in a real estate transaction.

Salomon v. Burr, 769 F.Supp.2d 83 (E.D.N.Y. 2011) - Denial of summary judgment on personal guarantee in a real estate transaction.

Abuelhija v. Chappelle, 08-cv-3679 (S.D.N.Y., 2009) - dismissal of claim for breach of settlement agreement in an entertainment/management dispute.

Kremen v. Morelli, 54 A.D.3d 596 (1st Dept., 2008) - Legal malpractice claim dismissed.

Rothman v. Morelli, 43 A.D.3d 769 (1st Dept., 2007) - Dismissing claim in attorney fee-sharing dispute.


Crump v. N.T.B.Y., Inc., ___ F.Supp.3d ____ (EDNY, 2012) - denying motion for summary judgment in employment discrimination case because "disallowing Plaintiff's 'kind' from using a specific door reasonably could be interpreted by a jury as discriminatory."

Green v. Canarsie2012 NY Slip Op 50702(U) (Kings County, 2012) - motion to dismiss denied as premature in employment discrimination case. 

Graham v. Fareed, 55 AD3d 405 (1st Dept. 2008) - dismissal claim in contract/employment action reverse.

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