Monthly Archives: February 2017

Gee v. Zee Ying Wing, Delta Property Associates, LLC, and Delta II Properties, LLC, Index No. 503182/15, 10/14/15 (Demarest, J.)

CPLR 3211(a)(1); CPLR 3211(c); Specific Performance; Breach of Contract; Condition Precedent; Rule of Perpetuities; EPTL § 9-1.1(a)(2); Measuring Lives; Contract Interpretation By: Christopher Atlee F. Arcitio | Editor-in-Chief Approximately twenty-five years ago, Plaintiff and Defendant agreed to purchase a building … Continue reading

Posted in Case Summary | Leave a comment

Alpha Phi Alpha Senior Citizens Center, Inc. v. Zeta Zeta Lambda Co., Inc., Index No. 710037/2014, 9/21/16 (Ritholtz, J.)

Summary Judgment; Amendment of Certificate of Incorporation; Not for Profit Corporation Law §§ 706, § 802; Standing  By Julie Lavoie | Staff Writer Plaintiff is a New York non-for-profit corporation that was founded and sponsored by an alumni chapter of … Continue reading

Posted in Case Summary | Leave a comment

Sherman v. Mulerman, 11/24/14 (Demarest, J.)

Breach of Contract; Breach of Fiduciary Duty; Negligence; Fraud; Constructive Trust; Violation of General Business Law §349; Unjust Enrichment By Anastasia Galstian | Staff Writer  Plaintiff, Sherman (“Plaintiff”), owned 50% of shares of common stock of Apex Companies, which operate and offer … Continue reading

Posted in Case Summary | Leave a comment

Z.T., an Infant by Her Parents and Natural Guardians, Annie Taylor et al. v. Long Island College Hospital et al., Index No. 13797/2008, 7/12/2016 (Demarest, J.)

Public Health Law § 2999, Judiciary Law § 474-a, Attorney Fees By: Madeline Collins | Staff Writer A child represented by her natural guardian, Plaintiff was born prematurely at Defendant hospital. During delivery admission at Defendant, the child sustained severe … Continue reading

Posted in Case Summary | Leave a comment

Zaharatos v. Zaharatos, Index No. 500153/2011, 5/21/2015 (Demarest, J.)

Preliminary Injunction; Summary Judgement; CPLR § 3212; Conversion; CPLR § 6401; CPLR § 6312(b); Civil Contempt By: Gregory Brown, Jr. | Staff Writer Plaintiff and Defendant were married and divorced on two separate occasions. Both divorces were governed by a … Continue reading

Posted in Case Summary | Leave a comment

The Jefferson Apartments, Inc. v. Steven J. Mauceri et al., Index No. 7396/2015, 7/25/16 (Martin E. Ritholtz, J.)

Motion to dismiss; Failure to state a claim; Continuous Representation Doctrine; Statute of Limitations; Fraud; CPLR 3211(a)(1); Aiding and Abetting the Commission of a Tort By: Meg Lombardo | Staff Writer Jefferson Apartments (“Plaintiff”) entered into an agreement with Tribor … Continue reading

Posted in Case Summary | Leave a comment