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Published Opinion | Federal District, Federal, | District Court Wd New York | cited by: 1 Primary Sources | citing: 26
Summary: 74 F. Supp. *372 Plaintiff's counsel urge in their brief "that the only question for decision upon this motion is whether Article 2-A of the New York Civil Practice Act should be held to prevent the plaintiff from obtaining relief in this Federal Court, sitting in New York, upon a transitory cause of action admittedly arising in North Carolina, where the plaintiff resides, based upon a grievous wrong done her by reason of plaintiff's breach of his contract of marriage." The remedies heretofore p......read more.


Summary: 387 F. Supp. J. Roy Nunn, J. Christine Chiriboga, Anspach, Serraino, Meeks & Nunn, LLP, Buffalo, NY, Richard F. Ellenberger, Toledo, OH, for Defendant. Defendant CSX moves for summary judgment on the basis that the opinion of Plaintiff's expert and treating physician, Dr. Cameron B. Huckell, lacks sufficient basis in fact to causally relate Plaintiff's back injury to the November 8, 1999 incident. Santoro v. Donnelly, 340 F. Supp.


Summary: 699 F. Supp. 2d 567 (2010) Jill L. BRUSSO and Wayne T. Brusso, Plaintiffs, v. Tracey L. IMBEAULT and Keltic Transportation, Inc., Defendants. PRELIMINARY STATEMENT Plaintiff Jill Brusso ("Brusso") has brought this action to recover for injuries sustained in an automobile accident. The first seeks judgment in their favor on *570 the grounds that Brusso has not raised a triable issue of fact that she sustained a "serious injury" under Section 5102 of the New York State Insurance Law. For the reaso......read more.


Summary: 664 F. Supp. 2d 225 (2009) Carl Z. GEE, Petitioner, v. James CONWAY, Respondent. Gee seeks relief on the grounds that both his trial and appellate counsel provided ineffective assistance of counsel. Magistrate Judge Bianchini discussed the standard for determining such claims under principles established in Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. Magistrate Judge Bianchini discussed at length Gee's claims of ineffective representation by both his trial and appella......read more.


Summary: 978 F. Supp. Plaintiff filed objections to the Report and Recommendation on April 4, 1997, only as to the finding that plaintiff's job coach assistance was not a subsidy. JURISDICTION This case was referred to the undersigned for report and recommendation, by the honorable Richard J. Arcara on October 27, 1995, pursuant to 28 U.S.C. § 636(b)(1)(B), and is presently before the court on Defendant's motion for judgment on the pleadings, filed March 22, 1996, and Plaintiff's cross-motion for judgmen......read more.


Summary: 40 F. Supp. *379 Purdy & Lamb, of New York City (Edmund F. Lamb, of New York City, Brown, Ely & Richards and W. Alexander Eldridge, all of Buffalo, N. Y., of counsel), for libellant. The Hugh O'Donnell, D.C., 22 F.2d 410; In re O'Donnell, 2 Cir., 26 F.2d 334; 3 C.J. S., Agency, 209, § 276. Co., 2 Cir., 207 F. 515; Lehigh Valley R. Co. v. State of Russia, 2 Cir., 21 F.2d 406; The Vestris, D.C., 60 F.2d 273. Benedict on Admiralty, 6th Edition (by A. W. Knauth), Vol. 3, p. 5, § 385(b); Wigmore on E......read more.


Summary: 969 F. Supp. Scanio v. United States, 37 F.3d 858, 860 (2d Cir.1994). Levine v. Commissioner of Correctional Servs., 44 F.3d 121, 124 (2d Cir.1995). See Brown v. Williams, 820 F. Supp. Forrest v. Mitchell, 1992 WL 367039, at * 3 (S.D.N.Y. Dec.2, 1992), aff'd, 22 F.3d 1092 (2d Cir.1994); Robinson v. Smith, 530 F. Supp.


Summary: 590 F. Supp. 1117 (1984) UNITED STATES of America, Plaintiff, v. DCS DEVELOPMENT CORPORATION,[1] Estate of Bernard P. Birnbaum, Saul Birnbaum and Janice Birnbaum, as Executors of the Estate of Bernard P. Birnbaum and New York State Commissioner of Health, Defendants. The Commissioner had been appointed receiver of the home pursuant to section 2810 of New York's Public Health Law May 8, 1978 by Order of New York Supreme Court Justice Theodore S. Kasler. The Commissioner supports the motion for su......read more.


Summary: 686 F. Supp. See Newman & Schwartz v. Asplundh Tree Expert Co., 102 F.3d 660, 662 (2d Cir.1996). Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir.1994), citing Ad-Hoc Comm. Hosp., 511 F.3d 126, 126 (2d Cir.2007), and *257 where a plaintiff "ha[s] not nudged [his] claims across the line from conceivable to plausible, [his] complaint must be dismissed." See Dean v. Westchester County P.R.C., 309 F. Supp. 2007) (unexhausted race and age discrimination claims are not "reasonably related" to gender and ......read more.


Summary: 164 F. Supp. 107 (1958) TUSCARORA NATION OF INDIANS, also known as Tuscarora Indian Nation, Plaintiff, v. POWER AUTHORITY OF The STATE OF NEW YORK, Robert Moses, and Superintendent of Public Works of The State of New York, John W. Johnson, Defendants. Thomas F. Moore, Jr., New York City, for defendants Power Authority of the State of N. Y. and Robert Moses. The action is one for declaratory judgment, wherein the plaintiff prays (1) That it have a judgment and decree of this court defining its ri......read more.


Summary: 784 F. Supp. 2d 181 (2011) Dawn RILEY, Plaintiff, v. HSBC USA, INC., HSBC Bank USA, National Association, Defendants. BACKGROUND Plaintiff Dawn Riley ("Plaintiff" or "Riley"), commenced this action on December 16, 2008, alleging employment discrimination based on race by Defendants HSBC USA, Inc. ("HSBC USA"), and HSBC Bank USA, National Association ("the Bank") (together, "Defendants"), in violation of Title VII, 42 U.S.C. § 2000e-5, and New York Human Rights Law, New York Executive Law ("N.Y. ......read more.


Summary: 386 F. Supp. INTRODUCTION Petitioner Lionel Sampson ("Sampson") filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction on charges of felony murder, intentional murder and burglary in New York State Supreme Court (Monroe County). 28 U.S.C. § 2254(b); Bossett v. Walker, 41 F.3d 825, 828 (2d Cir.1994), cert. See Morgan v. Bennett, 204 F.3d 360, 369 (2d Cir.2000) (citing Grey v. Hoke, 933 F.2d 117, 119 (2d Cir.1991)). See Daye v. Attorney Gener......read more.


Summary: 378 F. Supp. Now before the Court are plaintiffs' Objections [# 223] to a Decision and Order [# 222] of *286 United States Magistrate Judge Jonathan W. Feldman, which denied plaintiffs' Motion for Leave to File an Amended Complaint [# 216]. Plaintiffs argued, inter alia, that they were entitled to summary judgment pursuant to Ricciuti v. New York City Transit Authority, 124 F.3d 123 (2d Cir.1997). Plaintiffs subsequently moved for reconsideration of the decision granting partial-summary judgment......read more.


Summary: 378 F. Supp. INTRODUCTION Petitioner, Karl McCalla ("McCalla"), filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Monroe County Court. McCalla returned to state court to exhaust these claims and filed an application for a writ of error coram nobis alleging the ineffective assistance of appellate counsel on March 9, 2001. Servs., 235 F.3d 804, 816 (2d Cir.2000) (Rule 15(c) applies to amendments to habeas corpus petitions filed pursua......read more.


Summary: 437 F. Supp. 631 (1977) Cleveland FORDE, Plaintiff, v. KEE-LOX MANUFACTURING COMPANY, INC. and Burroughs Corporation, Defendants. This is an employment discrimination case in which the plaintiff alleges that the defendant, Kee-Lox Manufacturing Company, Inc., discriminated against him in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The offer was approved by the Bankruptcy Court in an order dated September 28, 1976, in which the court directed the trustee in bankru......read more.


Summary: 20 F. Supp. United States v. Sicurella, 834 F. Supp. On December 30, 1994, the Second Circuit affirmed both the judgment of conviction and the order dismissing Count V. United States v. LaPorta, 46 F.3d 152 (2d Cir.1994). Ross v. Artuz, 150 F.3d 97 (2d Cir.1998); Peterson v. Demskie, 107 F.3d 92 (2d Cir.1997). [3] Petitioner notes that in Triestman v. United States, 124 F.3d 361, 380 n. 24 (2d Cir.1997), the Second Circuit observed that: [i]t is possible that [a writ of error coram nobis and/or ......read more.


Summary: 243 B.R. 613 (2000) CHRYSLER FINANCIAL COMPANY, L.L.C., Appellant, v. Mark J. SCHLANT, Chapter 7 Trustee, Appellee. Mark J. Schlant, Zdarsky, Sawicki & Agostinelli, Buffalo, NY, the for appellee. INTRODUCTION Chrysler Financial Company, L.L.C. ("CFC") appeals from a decision of the bankruptcy court holding that CFC does not have a perfected security interest in the debtors-in-bankruptcy's automobile because the certificate of title issued for the vehicle by the New York State Department of Motor......read more.


Summary: 615 F. Supp. 2d 63 (2009) Teresa E. DEAN, individually and as parent and natural guardian for J.D.J., Plaintiff, v. SCHOOL DISTRICT OF the CITY OF NIAGARA FALLS, N.Y., et al., Defendants. BACKGROUND Plaintiff Teresa E. Dean ("Dean"), individually and as parent and natural guardian of infant-Plaintiff J.D.J. ("J.D.J."), commenced this action pursuant to 42 U.S.C. § 1983 ("Section 1983") on February 21, 2007, alleging Defendants violated the Fourteenth Amendment ("the Fourteenth Amendment"), the I......read more.