First Impression: Pre-award attachment in international arbitration where there is no connection to New York by way of subject matter or personal jurisdiction proper

The Supreme Court, Appellate Division, First Department was recently asked to determine an issue of first impression in New York State of whether a Japanese creditor could be granted the pre-award attachment of assets in New York, for security purposes only, in anticipation of an award that could be...
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Owner recovers dog named “Macho” from friend as Court rules Owner had superior possessory right to dog, despite friend’s claim the dog was gifted

To make a valid inter vivos gift (i.e. during one’s life) there must exist: (1) the intent on the part of the donor to make a present transfer, (2) delivery of the gift, either actual or constructive, to the donee, and (3) acceptance by the donee.  In this case, the Court ruled the owner of [...
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NewsFlash: Michael Moore sues Harvey and Bob Weinstein over alleged cheap tricks

Filmmaker Michael Moore has sued movie moguls Harvey and Bob Weinstein for allegedly using “classic Hollywood accounting tricks and financial deception” to cheat him out of at least $2.7 million in profits from his hit documentary “Fahrenheit 9/11.”  Read More...
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Visual Artists Rights Act…not a boat load of help for the creators of La Contessa

The facts of the case as indicated in the court documents are as follows: Plaintiffs Simon Cheffins (“Cheffins”) and Gregory Jones (“Jones”) (collectively “Plaintiffs”) brought and action against Michael Sewart (“Defendant”) alleging conversion and violati...
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The “relation back doctrine” failed when Plaintiff was unable to show that a “unity of interest” existed between new and original defendants

The Supreme Court, Appellate Division, 4th Department held that an owner of underground cables failed to establish that a new defendant was vicariously liable for original defendant’s alleged damage to cables, and as a result there was no unity of interest between the new and original defenda...
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Summary judgment motion granted despite the fact more discovery was needed

A medical malpractice lawsuit filed by a patient against Long Island Jewish Medical Center-Schneider Children’s Hospital was dismissed, when the Court ruled that the “mere hope of [a] patient, that depositions might uncover existence of evidence necessary to defeat summary judgment …was insuff...
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Employment: Waitress paid only in tips would recover wage-related damages under FLSA and New York Labor Law at regular minimum wage rate

A waitress who was paid only in tips could recover wage-related damages under the Fair Labor Standards Act (FLSA) and New York Labor Law at the regular minimum wage rate. Had the restaurant owners paid the waitress, they might have been able to treat a portion of her tips as a credit against their ...
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Family Law Update: California judgment, dissolving marriage and distributing marital assets, was entitled to full faith and credit in New York

A California court’s divorce judgments, dissolving the parties’ marriage and distributing the marital assets, were entitled to full faith and credit by the New York courts.   Under full faith and credit doctrine, out-of-state judgments give res judicata effect to those issues conclusiv...
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Torts: School district breached its duty to adequately supervise students in its charge

A student brought personal injury action against another student and the school district, seeking damages for injuries she sustained when she was stabbed in leg by that student on school grounds.  The Supreme Court, Appellate Division, Fourth Department, held that a school district breached its du...
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