Did Buyer Have Cognizable Fraud and Other Claims Against Sellers and Brokers? Michael Vella purchased real property located at 2 Dellworth Drive, Yorktown Heights, New York, from Michael E. Straub and Erin L. Cummings Straub pursuant to a contract of sale dated July 9, 2018. The property was located next to several acres of state owned land. The Straubs retained Coldwell Banker Real Estate LLC as their selling broker. Karen O’Connor executed the exclusive right to sell agreement on behalf of Coldwell. Vella retained Michael Kahns of Berkshire Hathaway Home Services Hudson Valley as his broker in connection with the purchase of… Read more

Was Domino’s Liable For Officer’s Injury in Scuffle? On June 9, 2016, Kevin R. Allum was employed by Domino’s Pizza, LLC and was delivering pizza in Brooklyn. At about 1:00 a.m., New York City Police Department Officer Benjamin Maldonado pulled over Allum’s vehicle and cited him for a defective headlight. During the course of the traffic stop, Allum allegedly kicked his feet, flailed his arms, and resisted arrest. Maldonado forcibly removed Allum from the vehicle and both Maldonado and Allum fell to the ground. Maldonado sued Alum and Domino’s to recover damages for personal injuries. Domino’s subsequently moved for summary judgment… Read more

Court Determines if Data Sought Was (or Was Not) Protected by Law Facebook User fakespeare999 A/K/A hurtfulsloth (defendant in this action) moved the Court for an order quashing the non-party subpoena duces tecum issued by Jane Doe (plaintiff in this suit) seeking all documents, including IP addresses and login information, concerning User’s Facebook accounts, on the grounds that the subpoena was facially defective and improper under the Stored Communications Act and that service upon User was improper. User claimed the subpoena sought disclosure of information that was prohibited by the SCA and was overly broad in its reach of “all documents.” User further claimed… Read more

Did County, PD, and Officer Have a Defense? Ramon Antonio Ramos sued the County of Suffolk, the Suffolk County Police Department, and Police Officer Christopher Vitale to recover for personal injuries he allegedly sustained as a result of a motor vehicle-bicycle accident. The accident allegedly occurred on December 18, 2017, at approximately 4:18 p.m., in the marked crosswalk at the intersection of Third Avenue and Union Boulevard in Islip, New York, when a SCPD vehicle, operated by Vitale, attempted to make a left turn from westbound Union Boulevard onto southbound Third Avenue. The vehicle struck Ramos’ bicycle, which was traveling eastbound… Read more

Was Friend of Customer Who Translated Document Into English Liable For False Arrest? Selvon Peters sued Xue Zhen Lin and Li Qing Ni for false arrest, malicious prosecution, fraud and intentional infliction of emotional distress. Ni asserted that she merely served as an interpreter for Lin and, as such, could not be held liable for statements made by Lin. Peters alleged that, on or about March 10, 2017, Lin and Ni falsely stated to the Watervliet Police Department and the Albany County District Attorney’s Office that he had obtained money through fraud and/or false pretenses. The proof submitted by Ni… Read more

Court Adjudicates Panoply of Claims, Counterclaims, and Defenses Martha Schwartz alleged that 170 West End Owners Corp illegally installed and/or manipulated industrial fans on the roof of the building directly above her apartment. Schwartz was a tenant in apartment 30E at the building, a cooperative governed by Owners Corp. Schwartz alleged that in 2009 Owners Corp. relocated a certain number of industrial fans directly above and/or near her top-floor apartment, in an attempt to force her out of the building. She alleged that in 2012 Owners Corp. manipulated the fans to direct polluted and freezing air into her apartment, and… Read more

Would Excessive Garagekeeper’s Lien Trigger Conversion Claim Peter May sued Steve’s Marine Service West, Inc. and its principal, Steven Stavracos, in a dispute arising out of services performed on the engines of his boat. In April 2013, May brought the vessel to the Steve’s Marine boatyard to be repaired because it was not reaching maximum speed; the engine, which should have been performing at 3,600 or 3,800 revolutions per minute (rpm), was performing at 2,600 rpm. The parties offered differing versions of their agreement. According to May, Steve’s Marine guaranteed that repairs and adjustments to two components, the riser and the turbocharge,… Read more

Did Coop’s Course of Conduct Effectively Grant Such Exclusivity? Sara Baer asserted causes of action for a declaratory judgment, breach of contract, and trespass to chattel, and sought a permanent injunction against 825 Ocean Corp. She alleged in her complaint that she was the proprietary lessee and holder of cooperative shares for unit 2D at 930 East 7th Street in Brooklyn. In 2004, when she purchased those shares, she was told that a parking space was provided, which was ancillary to the premises. She further alleged that the parking space was provided for in the proprietary lease and that her decision… Read more

Did Player Assume Risk of Hole in Asphalt Surface? New York City parks are regularly and foreseeably used by recreational players in various sports—who assume the concomitant risks of those activities. But do those participants assume the risk of a defect in the playing surface? On August 9, 2015, Parand Maharaj allegedly was injured when he fell while playing cricket on the tennis courts at New York City’s Lincoln Terrace/Arthur S. Somers Park in Brooklyn. He alleged that he tripped over a two-to-four-inch deep hole that was concealed inside a long crack, which was approximately seven feet long and between… Read more

Court Adjudicates Legal Sufficiency of Nine Causes of Action Gotham Real Estate Developers LLC leased the entire second floor of 432 Park Avenue South from 432 Park South Realty Co LLC. The lease commenced July 1, 2015 and expires December 31, 2026. In or around the spring of 2016, Gotham claimed the premises HVAC stopped working and Park Ave South failed and refused to undertake the necessary repairs or replacements, causing Gotham to replace the unit so as to mitigate its damages and to continue its normal business operations. On March 18, 2018, Park Ave South received a summons from the… Read more