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Summary: 269 F. Supp. 2d 578 (1959) (judgment affirmed subsequent to trial); United States v. Motte, 251 F. Supp. 601 (S.D.N.Y.1966) (motion to enjoin United States from moving for pleading indictment until preliminary examination denied); United States v. Universita, 192 F. Supp. 154 (S.D.N.Y. 1961) (petition for habeas corpus denied where indictment found during three week delay); United States v. Brace, 192 F. Supp. 58, 361 F.2d 75 (1966) (indictment and conviction did not cure denial of counsel at pr......read more.


Summary: 788 F. Supp. SHARP AIR FREIGHT SERVICES, INC. and Wayne M. Montanya, Third-Party Plaintiffs, v. OCCUPATIONAL HEALTH SERVICES, P.C., d/b/a Kennedy Medical Office, Third-Party Defendants. Unable to stop the bleeding, Montanya entered the truck and drove a short distance to Kennedy Medical's office, which is located at John F. Kennedy International Airport in Queens, New York. of Fire Comm'rs, 834 F.2d 54, 57 (2d Cir.1987); Winant v. Carefree Pools, 709 F. Supp.


Summary: 429 F. Supp. 2d 506 (2006) KINGVISION PAY-PER-VIEW LTD., as Broadcast Licensee of the November 13, 2004, Ruiz/Golota Program, Plaintiff, v. Mario W. LALALEO, Individually and as officer, director, shareholder and/or principal of Restaurant Las Flores, Inc. d/b/a Las Flores Restaurant a/k/a Las Flores Rest.; and Restaurant Las Flores, Inc. d/b/a Las Flores Restaurant a/k/a Las Flores Rest., Defendants. In May 2005, plaintiff commenced this action by filing a complaint alleging that defendants int......read more.


Summary: (2008) ABRAHAM NATURAL FOODS CORP., Plaintiffs, v. MOUNT VERNON FIRE INSURANCE CO., et al., Defendants. The plaintiff, Abraham Natural Foods Corp., made a cross-motion to remand the case to state court pursuant to 28 U.S.C. § 1447(e). The original defendant in the state court action, Mount Vernon Fire Insurance Company ("Mount Vernon"), together with United States Liability Insurance Group, Jay Keppol, Tim Hannigan and John Doe 6, submitted a brief on June 8, 2007 in support of Modern's motion t......read more.




Summary: 723 F. Supp. Count II of North Star's complaint alleges civil rights claims based upon alleged violations of the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution. Such conduct is alleged to have deprived North Star of its procedural and substantive due process rights as well as its right to equal protection of the laws in violation of the Fourteenth Amendment to the United States Constitution. 2d 263 (1972); Bankers Trust Co. v. Rhoades, 859 ......read more.


Summary: 357 F. Supp. On March 6, 2003, Michael Gillum ("Gillum" or the "Plaintiff), commenced this *567 action pursuant to 42 U.S.C. § 1983 against the Nassau Downs Regional Off Track Betting Corporation of Nassau, Hempstead Nassau Downs Off Track Betting Corporation Personnel Department and the Management Department of the Nassau Downs Regional Office of Off Track Betting Corporation ("Nassau Downs" or the "Defendants") alleging that the Defendants unlawfully failed to hire him because of his status as......read more.


Summary: 4 F.2d 590 (1925) WESTERFIELD v. RAFFERTY, Collector of Internal Revenue. Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (Nelson T. Hartson, Solicitor of Internal Revenue, and Edward C. Lake, Attorney of Treasury Department, both of Washington, D. C., of counsel), for defendant. This is a motion to dismiss a complaint, in an action brought *591 by plaintiff to recover the sum of $170.34, representing an income tax alleged to have been illegally and erroneously collected from, and paid under pr......read more.


Summary: 297 F. Supp. The pro se plaintiff Joel Anderson ("Anderson" or the "plaintiff") filed an amended complaint alleging that the defendants Nassau County, the City of Long Beach and Detective Shaun Dowling ("Dowling") (collectively, the "defendants") are liable for false arrest, unlawful imprisonment, malicious prosecution and abuse of process in violation of the Fourth Amendment, 42 U.S.C. § 1983 ("Section 1983") and New York laws. Also before the Court is a joint motion by the City of Long Beach a......read more.


Summary: 388 F. Supp. See Tingley Sys. v. Norse Sys., 49 F.3d 93, 96 (2d Cir.1995). Co., 917 F.2d 1320, 1328 (2d Cir.1990) (quoting Shu-Tao Lin v. McDonnell Douglas Corp., 742 F.2d 45, 49 (2d Cir.1984)). Textile Deliveries, Inc. v. Stagno, 52 F.3d 46, 49 (2d Cir.1995). Corp. v. Town of Hyde Park, 163 F.3d 124, 134 (2d Cir.1998)) Under federal law, an award will not be disturbed unless it is "so high as to shock the judicial conscience and constitute a denial of justice." Ismail v. Cohen, 899 F.2d 183, 18......read more.


Summary: 941 F. Supp. Howard F. Wolfson, Patricia Anne Kuhn, Whitman, Breed, Abbot & Morgan, New York City, for Principal Mutual Life Ins. OPINION AND ORDER ROSS, District Judge: In this action, a court-appointed fiduciary of an employee benefit plan seeks to hold an insurance company that acted as the plan's investment manager liable for the theft of assets by the plan's trustees. Plaintiff, David Silverman, argues that the insurance company, defendant Principal Mutual Life Insurance Co. ("Principal"), ......read more.


Summary: 840 F. Supp. Cruden v. Bank of New York, 957 F.2d 961, 977 (2d Cir.1992); see also Bankers Trust Co., 859 F.2d at 1104-05. Bankers Trust Co., 859 F.2d at 1103; see also Moeller v. Zaccaria, 831 F. Supp. 276 (S.D.N.Y. 1990), aff'd, 936 F.2d 674 (2d Cir.1991); Myers v. Finkle, 758 F. Supp. 1990), aff'd, 950 F.2d 165 (4th Cir.1991); Gurfein v. Sovereign Group, 826 F. Supp. 620 (S.D.N.Y.1993); Landy v. Heller, White & Co., 783 F. Supp. 116 (S.D.N.Y.1990); Dymm v. Cahill, 730 F. Supp.


Summary: 116 F. Supp. George Haug Co. v. Rolls Royce Motor Cars Inc., 148 F.3d 136, 139 (2d Cir.1998) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S. Ct. 1683, 40 L. Ed. See H.J. Inc., 492 U.S. at 242, 109 S. Ct. 2893; see also GICC, 67 F.3d at 467 (mere allegation that stock transfer was "fraudulent" was insufficient to allege a predicate act demarcating the beginning of pattern of racketeering activity). See 18 U.S.C. § 1961(1); see also Blue Cross and Blue Shield of New Jersey, Inc. v. Philip Mor......read more.


Summary: 645 F. Supp. Defendant Mamie Manneh has been indicted under 18 U.S.C. § 545 for importing parts of certain endangered African primate species without the permit required by the international treaty protecting those species or the license required of all United States wildlife importers, and for failing to disclose to border officials the true nature of the product she was importing. On her motion pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure to dismiss the indictment, she ......read more.


Summary: 921 F. Supp. MEMORANDUM AND ORDER SEYBERT, District Judge: In the instant action, plaintiff Eddy Jean Philippeaux, proceeding pro se, brings suit against defendants Nassau County and the Nassau County Civil Service Commission asserting causes of action under 42 U.S.C. §§ 1981, 1983 and 1985, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and also under New York law. The plaintiff alleges, inter ......read more.


Summary: (2008) Carolyn TULLY-BOONE, Plaintiff, v. NORTH SHORE-LONG ISLAND JEISH HOSPITAL SYSTEM, Glen Cove Hospital, Barbara Backus, Carolyn Mueller and Gloria Cohen, Defendants. On June 23, 2008, Carolyn Tully-Boone ("the Plaintiff") commenced this lawsuit against North Shore-Long Island Jewish Hospital System ("North Shore"), Glen Cove Hospital ("the Hospital"), Barbara Backus, Carolyn Mueller, and Gloria Cohen (collectively "the Defendants"), asserting claims under the Family and Medical Leave Act ("......read more.


Summary: 561 F. Supp. 2d 317 (2008) Dennis GUENTHER and Deborah Guenther, Plaintiffs, v. MODERN CONTINENTAL COMPANIES, Modern Continental Construction Co. of New York, Inc., Modern Continental Construction Co., Inc., The Hallen Construction Co., Inc., and Stone & Webster, Inc., Defendants. OPINION AND ORDER RAMON E. REYES, JR., United States Magistrate Judge: Plaintiff Dennis Guenther and his spouse Deborah Guenther (collectively "Guenther") bring this action against defendants Modern Continental Compani......read more.


Summary: 516 F. Supp. On October 20, 2003, the New York Supreme Court, Appellate Division, Second Department, affirmed the conviction, People v. Charles, 309 A.D.2d 873, 766 N.Y.S.2d 42 (2d Dep't 2003), and on February 14, 2004, the New York Court of Appeals denied leave to appeal, People v. Charles, 1 N.Y.3d 625, 808 N.E.2d 1283, 777 N.Y.S.2d 24 (2004). See Chang v. United States, 250 F.3d 79, 86, n. 2 (2d Cir.2001). 28 U.S.C. § 2254(d); see also DeBerry v. Portuondo, 403 F.3d 57, 66 (2d Cir.2005) (disc......read more.


Summary: 11 F. Supp. June 11, 1935. G. & C. Merriam Co. v. Saalfield (C. C. A.) 198 F. 369. Yet this large and profitable business finds itself in a position where it must now appeal to a court of equity to protect it from a recent adroit appropriation of its good will and trade-marks, on which it has spent these large sums of money, because there has been offered an opportunity to this unfair competitor not only to mislead the buying public into believing that the source of manufacture of a tooth powder......read more.


Summary: 714 F. Supp. See Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir.1984); Randall v. Warnaco, Inc., 677 F.2d 1226, 1233 (8th Cir.1982). "Champeau v. Fruehauf Corp., 814 F.2d 1271, 1278 (8th Cir.1987). See Szeliga v. General Motors Corp., supra, 728 F.2d at 567; Nanda v. Ford Motor Company, 509 F.2d 213 (7th Cir.1974); Millers' Nat. Co. v. Wichita Flour Mills Co., 257 F.2d 93, 99-100 (10th Cir. Co., 257 F.2d at 99 (demonstrative evidence used as a means to "enable or assist the [expert]......read more.