Comm n on Human Rights ex rel. Thomas v. Mutual Apartments Inc. OATH Index No. 2399/14, mem. dec. (Sept. 2, 2014)
|
|
- Primrose Cameron
- 5 years ago
- Views:
Transcription
1 Comm n on Human Rights ex rel. Thomas v. Mutual Apartments Inc. OATH Index No. 2399/14, mem. dec. (Sept. 2, 2014) Petitioner s motion to compel discovery is denied as it requested information about accommodation requests made by tenants at another building owned by Mutual Apartments. NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS In the Matter of COMMISSION ON HUMAN RIGHTS EX REL. THOMAS Petitioner -against- MUTUAL APARTMENTS, INC., PRESTIGE MANAGEMENT INC., and SHIRLEY SMOOT Respondents MEMORANDUM DECISION AND ORDER FAYE LEWIS, Administrative Law Judge This is a case brought by the New York City Commission on Human Rights ( the Commission ), on behalf of Carol Thomas and Cinnamon Thomas, alleging that respondents unlawfully discriminated against complainants in the terms, conditions, and privileges of their housing accommodation, by failing to provide them with a reasonable accommodation for their disabilities, in violation of sections 8-107(5)(a) and 8-107(15)(a) of the New York City Human Rights Law. More specifically, the Commission alleges that respondents failed to accommodate complainants request for permission to have an emotional support dog reside with them in their unit, and instead commenced an eviction proceeding. Respondents deny the allegation of discrimination. They contend that complainants do not suffer from any disability that would require a service or emotional support dog and did not seek permission prior to bringing the dog into their apartment. By motion filed on August 21, 2014, petitioner moved to compel discovery, alleging that respondents had failed to respond to its request for interrogatories, production of documents, and a witness list. The next day, following a conference call, respondents counsel ed responses to the interrogatories and transmitted responsive documents via federal express. Counsel also provided the names of two witnesses whom respondents expected to call, and
2 - 2 - indicated that respondents might be calling an expert as a third witness. I advised respondent s counsel that I expected that respondents would provide the name of its expert witness by September 3, Petitioner felt that the response was incomplete and sought to compel full compliance with its discovery requests. Respondents filed an affirmation in opposition on August 26, 2014, petitioner submitted a reply on August 28, 2014, and respondents submitted a response via e- mail on August 29, Throughout this time, counsel also submitted a number of s which helped to clarify their positions. As a result of the exchange of s and litigation documents, respondents have largely complied with petitioner s discovery requests. Petitioners had objected that only respondent Smoot had answered the interrogatories ( of Ms. Flyer, Aug. 25, 2014 at 1:04 p.m.), but respondents clarified that Ms. Smoot spoke on behalf of respondent Mutual Apartments, and her answers were the same that Mutual Apartments would give ( of Mr. Denenberg, Aug. 25, 2014 at 3:29 p.m.). Further, while Prestige Management maintained its legal position that it was not a proper party and did not have to answer the interrogatories nor the document requests, it provided responses to the interrogatories and document requests in question, with one exception ( s of Ms. Buyuklieva, Aug. 29, 2014 at 9:25 a.m. and 10:17 a.m.). In its reply memorandum, petitioner sought to compel Prestige Management to respond to interrogatories 6, 7, 8, 9, 10 and 11 as modified, and two additional interrogatories. Petitioner also sought to compel Prestige Management to respond to document requests one and seven. In its s on August 29, 2014, Prestige Management provided the requested responses, with the exception of interrogatory number 11, as amended, and indicated that it did not have any documents in its possession. Therefore, the only item requiring a ruling is interrogatory 11, as amended. In this interrogatory, petitioner asks that respondent Prestige Management (which is the managing agent for Navy Yard Housing), identify all tenants who made accommodation requests to keep an emotional support animal within the past five years, and provide all documentation regarding those requests. Respondent Prestige Management asserts that these requests are irrelevant as Navy Yard Housing is owned by a different owner, and also contends that it is not a proper party to this case and cannot be compelled to answer the interrogatories. Respondents assertion that Prestige Management is not a proper party to this proceeding is mistaken. There are three respondents named in the complaint: Ms. Smoot, Prestige
3 - 3 - Management, and Mutual Apartments, Inc. The parties agree that Mutual Apartments is the cooperative entity that owns the building in question. In their answer to the complaint, respondents acknowledge that Prestige Management is the managing agent for Mutual Apartments and that Ms. Smoot is employed by Prestige Management as the onsite manager for Mutual Apartments. Respondents contend that Prestige Management is not a proper party because Prestige, through its manager simply acts on the Board of Directors decisions and instructions (Affirmation in Opposition, Aug. 26, 2014, 15). However, under that very characterization, Prestige Management, though the actions of Ms. Smoot, acts as an agent for Mutual Apartments. As an agent, Prestige Management is liable for the actions of Mutual Apartments. See Comm n on Human Rights v. Shahbain, OATH Index No. 2439/13 at 7 (Feb. 13, 2014); see also Warshaw v. Mendelow, 2011 N.Y. Misc. LEXIS 7015 at *21 (Sup. Ct. N.Y. Co. 2011) (an agent must have authority, whether apparent, actual or implied to bind the principal). Moreover, respondents contention that Prestige Management is not a proper party ignores the plain language of Sections 8-107(5)(a)(1) and (a)(2) of the Human Rights Law, which provides that it is an unlawful discriminatory practice for the... managing agent... to... discriminate against any person because of such person s... disability. The courts have recognized that managing agents are liable for discrimination under Section 8-107(5) of the Human Rights Law. See Bartman v. Shenker, 5 Misc.3d 856, 863 (Sup. Ct. N.Y. Co. 2004) (denying motion to dismiss discrimination complaint against managing agent of building owner, finding... the Administrative Code... extend[s] liability for discriminatory acts to agents of the owner ). Where the proof supports such a finding, managing agents have been found liable for violations of the Human Rights Law. See Comm'n on Human Rights ex rel Shmushkina v. New Brooklyn Realty, OATH Index Nos. 2541/08, 2542/08 & 2543/08, mem. dec. (Jan. 2, 2009); Comm'n on Human Rights ex rel. Martin v. Hudson Overlook, LLC, OATH Index No. 137/06 (Aug. 30, 2006), adopted, Comm n Dec. & Order (Dec. 5, 2006). Thus, as a matter of pleading, Prestige Management is a proper party to the complaint. However, respondents should not be compelled to answer interrogatory eleven, as amended. In this interrogatory, petitioner requests that Prestige Management be directed to identify all tenants who made accommodation requests to keep an emotional support animal at Navy Yard Housing and to provide any such communications or other documentation. Petitioner contends that this information is relevant to the imposition of a civil penalty because it could
4 - 4 - show the potential impact of respondents discriminatory actions. Although not specifically enunciated, it appears that petitioners request is predicated on the theory that if requests to maintain emotional support animals were made at Navy Yard housing and denied, this would show a pattern of discriminatory behavior, which would be relevant to civil penalty. This argument is flawed. The existence of prior findings of discrimination against the respondents is a consideration in assessing civil penalty. See Comm n on Human Rights ex rel. L. D. v. Riverbay Corp., OATH Index No. 1300/11 at 27 (Aug. 26, 2011), adopted, Comm n Dec. & Order (Jan. 9, 2012) ( Prior findings of discrimination aggravate civil penalties because they reveal willfulness; someone who has previously been found guilty of discrimination can no longer claim ignorance of the law ). However, consideration of prior unadjudicated discriminatory conduct is not relevant for penalty purposes, and we have declined to order discovery of information that could arguably show such conduct. See Comm n on Human Rights ex rel. Aldad v. North Shore Towers, OATH Index No. 2157/13, mem. dec. at 4 (Aug. 30, 2013) (citing cases). Moreover, even if respondents were to supply information showing that residents of the Navy Yard made accommodation requests for emotional support animals which were denied, that by itself would be insufficient to establish discrimination, and would instead require a minitrial as to the particular circumstances involved, which would unduly expand the scope of this trial, which pertains to alleged discrimination against two complainants only. See Aldad at 4. Accordingly, petitioner s request to compel discovery is denied insofar as it seeks information from Prestige Management about accommodation requests made by tenants at the Navy Yard Housing. September 2, 2014 Faye Lewis Administrative Law Judge APPEARANCES: NEW YORK CITY COMMISSION ON HUMAN RIGHTS Attorneys for Petitioner BY: LAURA FLYER, ESQ.
5 SPERBER, DENENBERG & KAHAN, P.C. Attorneys for Respondent BY: SETH DENENBERG, ESQ. IVELINA BUYUKLIEVA, ESQ
NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS
Comm n on Human Rights v. Tantillo OATH Index Nos. 105/11, 106/11 & 107/11 (Feb. 24, 2011), modified on penalty, Comm n Dec. & Order (May 23, 2011), appended In default proceeding, petitioner established
More informationComm n on Human Rights v. Aksoy OATH Index No. 1617/15 (Aug. 24, 2015), rejected, Comm n Dec. & Order (June 21, 2017), appended
Comm n on Human Rights v. Aksoy OATH Index No. 1617/15 (Aug. 24, 2015), rejected, Comm n Dec. & Order (June 21, 2017), appended Evidence established that respondent violated New York City s Human Rights
More informationNEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS
Comm n on Human Rights ex rel. Hidalgo v. Ditmas Park Rehabilitation and Care Center, LLC OATH Index Nos. 2415/13, 2416/13, & 2417/13, mem. dec. (Sept. 25, 2013) Respondents who failed to timely submit
More informationHealth and Hospitals Corp. (Harlem Hospital Center) v. Norwood OATH Index No. 143/05, mem. dec. (June 20, 2005)
Health and Hospitals Corp. (Harlem Hospital Center) v. Norwood OATH Index No. 143/05, mem. dec. (June 20, 2005) Petitioner's post-report and recommendation motion to reopen the record to submit new evidence
More informationBusiness Integrity Comm n v. Freire OATH Index No. 1600/13 (Apr. 10, 2013) Violation No. TWC-9511
Business Integrity Comm n v. Freire OATH Index No. 1600/13 (Apr. 10, 2013) Violation No. TWC-9511 At a default hearing, evidence failed to establish that respondent was a business operating for the purpose
More informationFire Dep t v. Harper OATH Index No. 503/14, mem. dec. (Jan. 21, 2014)
Fire Dep t v. Harper OATH Index No. 503/14, mem. dec. (Jan. 21, 2014) Employee s application for stay based on pendency of state proceeding is denied. Application for discovery and to compel petitioner
More informationComm n on Human Rights ex rel. Stamm v. E & E Bagels, Inc. OATH Index No. 803/14 (Mar. 21, 2014)
Comm n on Human Rights ex rel. Stamm v. E & E Bagels, Inc. OATH Index No. 803/14 (Mar. 21, 2014) At a default hearing, petitioner established that respondent s employee discriminated against complainant
More informationPetition seeking compensation for alleged unpaid work denied. Claim dismissed as untimely. NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS
Start Elevator, Inc. v. Dep t. of Correction OATH Index No. 1160/11, mem. dec. (Feb. 28, 2011), aff d, Index No. 104620/11 (Sup. Ct. N.Y. Co. Jan. 9, 2012), appended, aff d, 104 A.D.3d 488 (1 st Dep t
More informationSkyline Credit Ride, Inc. v. Board of Elections OATH Index No. 878/12, mem. dec. (Feb. 28, 2012)
Skyline Credit Ride, Inc. v. Board of Elections OATH Index No. 878/12, mem. dec. (Feb. 28, 2012) Petition dismissed as untimely. The petitioner was late in submitting its Notice of Claim to the Comptroller.
More informationHuman Resources Admin. v. Cornelius OATH Index No. 2041/13 (July 10, 2013)
Human Resources Admin. v. Cornelius OATH Index No. 2041/13 (July 10, 2013) Undisputed evidence established that respondent was continuously absent without leave (AWOL) for more than a year, from January
More informationOffice of the City Clerk v. Metropolitan New York Coordinating Council on Jewish Poverty OATH Index No. 1940/12, mem. dec. (Aug.
Office of the City Clerk v. Metropolitan New York Coordinating Council on Jewish Poverty OATH Index No. 1940/12, mem. dec. (Aug. 30, 2012) Respondent s motion to dismiss for untimeliness denied as the
More informationPerfetto Enterprises v. Dep t of Parks & Recreation OATH Index No. 1646/15, mem. dec. (June 11, 2015)
Perfetto Enterprises v. Dep t of Parks & Recreation OATH Index No. 1646/15, mem. dec. (June 11, 2015) Petition seeking additional payment for asphalt work denied because claim was untimely, waived, and
More informationCDRB determined that contractor waived its claim regarding its contractual responsibility for wiring installation. Appeal denied.
Summit Construction Services Group, Inc. v. Dep t of Design & Construction OATH Index No. 456/15, mem. dec. (Jan. 26, 2015), aff d, Index No. 155253/2015 (Sup. Ct. N.Y. Co. Aug. 20, 2015), appended CDRB
More informationPrismatic Development Corp. v. Dep t of Sanitation OATH Index No. 1239/16, mem. dec. (June 30, 2016)
Prismatic Development Corp. v. Dep t of Sanitation OATH Index No. 1239/16, mem. dec. (June 30, 2016) General contractor sought extra compensation for costs to install devices that it furnished under the
More informationMEMORANDUM OF LAW IN SUPPORT OF HISPANIC AIDS FORUM S MOTION FOR A PROTECTIVE ORDER
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------x Index # 01/112428 HISPANIC AIDS FORUM, against Plaintiff, ESTATE OF JOSEPH BRUNO; THE
More informationLi Ping Xie v Jang 2012 NY Slip Op 33871(U) February 28, 2012 Supreme Court, New York County Docket Number: /2008E Judge: Paul G.
Li Ping Xie v Jang 2012 NY Slip Op 33871(U) February 28, 2012 Supreme Court, New York County Docket Number: 117222/2008E Judge: Paul G. Feinman Cases posted with a "30000" identifier, i.e., 2013 NY Slip
More informationPavarini McGovern, LLC v. Dep t of Parks & Recreation OATH Index No. 1565/14, mem. dec. (June 20, 2014)
Pavarini McGovern, LLC v. Dep t of Parks & Recreation OATH Index No. 1565/14, mem. dec. (June 20, 2014) CDRB determined that contractor waived its claim for interpretation of contract documents. Appeal
More informationMatter of Steinberg-Fisher v North Shore Towers Apts., Inc NY Slip Op 33107(U) August 21, 2014 Supreme Court, Queens County Docket Number:
Matter of Steinberg-Fisher v North Shore Towers Apts., Inc. 2014 NY Slip Op 33107(U) August 21, 2014 Supreme Court, Queens County Docket Number: 7466/2014 Judge: Thomas D. Raffaele Cases posted with a
More informationTHE CITY OF NEW YORK OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS. In the Matter of : DEPARTMENT OF CORRECTION, : Index No. Petitioner, : 151/94
THE CITY OF NEW YORK OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS -------------------------------------------------------------------------X In the Matter of : DEPARTMENT OF CORRECTION, : Index No. Petitioner,
More informationColorado Medicaid False Claims Act
Colorado Medicaid False Claims Act (C.R.S. 25.5-4-303.5 to 310) i 25.5-4-303.5. Short title This section and sections 25.5-4-304 to 25.5-4-310 shall be known and may be cited as the "Colorado Medicaid
More informationSUPREME COURT - STATE OF NEW YORK - NASSAU COUNTY Present: HON. ANTHONY L. PARGA. Plaintiff, Defendants. , Affs. & Exs...
-----------------------------------------------------------......... AMENDED SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK - NASSAU COUNTY Present: HON. ANTHONY L. PARGA Justice ANDREW NACHMIAS, an
More informationPolice Dep t v. Neiss OATH Index No. 2094/09, mem. dec. (Feb. 9, 2009)
Police Dep t v. Neiss OATH Index No. 2094/09, mem. dec. (Feb. 9, 2009) In vehicle forfeiture proceeding, ALJ found that claimant failed to provide proof she was the registered or titled owner under Krimstock.
More informationAudubon Tenants Assoc. v Audubon Realty, LLC 2017 NY Slip Op 31739(U) August 15, 2017 Supreme Court, New York County Docket Number:
560-568 Audubon Tenants Assoc. v 560-568 Audubon Realty, LLC 2017 NY Slip Op 31739(U) August 15, 2017 Supreme Court, New York County Docket Number: 154661/16 Judge: Barbara Jaffe Cases posted with a "30000"
More informationBefore the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ) ) ) SECOND ORDER ON RECONSIDERATION
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AT&T Corp., v. Complainant, Iowa Network Services, Inc. d/b/a Aureon Network Services, Defendant. Proceeding Number
More informationWASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT. This chapter may be known and cited as the medicaid fraud false claims act.
Added by Chapter 241, Laws 2012. Effective date June 7, 2012. RCW 74.66.005 Short title. WASHINGTON STATE MEDICAID FRAUD FALSE CLAIMS ACT This chapter may be known and cited as the medicaid fraud false
More informationFire Dep't v. Domini OATH Index No. 2047/11, mem. dec. (July 28, 2011)
Fire Dep't v. Domini OATH Index No. 2047/11, mem. dec. (July 28, 2011) Respondent s motion to dismiss, on the basis of defective pleadings or until a related matter is determined in federal district court,
More informationFILED: NEW YORK COUNTY CLERK 08/09/ :47 PM INDEX NO /2016 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/09/2016
FILED: NEW YORK COUNTY CLERK 08/09/2016 03:47 PM INDEX NO. 651348/2016 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/09/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARK D ANDREA, Plaintiff,
More informationFILED: NEW YORK COUNTY CLERK 10/27/ :11 PM INDEX NO /2016 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/27/2017
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X ALVIN DWORMAN, individually, and derivatively on behalf of CAPITAL
More informationDECISION and ORDER. Petitioner, -against- Respondents. SUPREME COURT STATE OF NEW YORK COUNTY OF ALBANY. In the Matter of the Application of :
SUPREME COURT STATE OF NEW YORK COUNTY OF ALBANY In the Matter of the Application of : TIOGA ENERGY PARTNERS, LLC, Petitioner, DECISION and ORDER Index No.: 6536-18 -against- THE NEW YORK STATE DEPARTMENT
More informationFILED: NEW YORK COUNTY CLERK 09/08/ :19 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/08/2016
FILED: NEW YORK COUNTY CLERK 09/08/2016 04:19 PM INDEX NO. 652943/2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/08/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No. 652943-2016 DANA
More informationFILED: WESTCHESTER COUNTY CLERK 05/19/ :15 PM INDEX NO /2015 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 05/19/2017
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------------X HOULIHAN/LAWRENCE INC., Index No. 71209/2015 -against- Plaintiff, REPLY
More informationCase 1:18-cv Document 1 Filed 04/30/18 Page 1 of 16
Case 1:18-cv-03879 Document 1 Filed 04/30/18 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDWIN ZAYAS, Individually and on Behalf of 18 Civ. 3879 All Others Similarly Situated,
More informationFILED: NEW YORK COUNTY CLERK 10/25/ :19 PM INDEX NO /2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/25/2017
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE CITY OF NEW YORK, - against - Plaintiff, Index No. 451648/2017 Mot. Seq. No. 002 FC 42 ND STREET ASSOCIATES, L.P., Defendant. MEMORANDUM OF
More informationFILED: NEW YORK COUNTY CLERK 11/30/ :14 PM INDEX NO /2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2016
FILED: NEW YORK COUNTY CLERK 11/30/2016 03:14 PM INDEX NO. 155091/2016 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/30/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JONATHAN HAYGOOD, -against-
More informationThe Break-Up: Considerations in Dissolving and Liquidating a Business
The Break-Up: Considerations in Dissolving and Liquidating a Business Brian D. Gwitt, Esq., Partner, Woods Oviatt Gilman LLP (BGwitt@woodsoviatt.com) Kelly G. Besaw, CPA, CVA, Partner, Chiampou Travis
More informationComm n on Human Rights ex rel. Stamm v. E & E Bagels, Inc. OATH Index No. 803/14 (Mar. 21, 2014), adopted, Comm r Dec. (Apr. 20, 2016), appended
Comm n on Human Rights ex rel. Stamm v. E & E Bagels, Inc. OATH Index No. 803/14 (Mar. 21, 2014), adopted, Comm r Dec. (Apr. 20, 2016), appended At a default hearing, petitioner established that respondent
More informationFifty E. Forty Second Co., LLC v 21st Century Offs. Inc NY Slip Op 32933(U) November 20, 2018 Supreme Court, New York County Docket Number:
Fifty E. Forty Second Co., LLC v 21st Century Offs. Inc. 2018 NY Slip Op 32933(U) November 20, 2018 Supreme Court, New York County Docket Number: 154107/2018 Judge: Carmen Victoria St. George Cases posted
More informationBusiness Integrity Comm n v. All Green Lawn & Landscaping LLC OATH Index No. 1107/13 (Feb. 7, 2013) Violation No. TWC-9332
Business Integrity Comm n v. All Green Lawn & Landscaping LLC OATH Index No. 1107/13 (Feb. 7, 2013) Violation No. TWC-9332 In a default hearing, the proof failed to establish that landscaper with dirt
More informationFILED: NEW YORK COUNTY CLERK 07/06/ :19 PM INDEX NO /2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 07/06/2017
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of PREFERRED BANK, successor in interest to UNITED INTERNATIONAL BANK, Index No. 150403/2017 Motion Sequence No.
More informationTaxi & Limousine Comm n v. Crow-Martinez OATH Index No. 0084/18 (Aug. 18, 2017)*
Taxi & Limousine Comm n v. Crow-Martinez OATH Index No. 0084/18 (Aug. 18, 2017)* Following respondent s arrest for unlawfully soliciting ground transportation services at an airport, petitioner suspended
More informationSubmitted October 25, 2016 Decided. Before Judges Messano, Espinosa and Guadagno.
LYNX ASSET SERVICES, L.L.C., v. Plaintiff-Respondent, MICHELE MINUNNO, MR. MINUNNO, husband of MICHELE MINUNNO; STEVEN MINUNNO; MRS. STEVEN MINUNNO, wife of STEVEN MINUNNO; and Defendants-Appellants, PREMIER
More informationBronx County Supreme Court reduced mental anguish damages to $15,000 and reduced the civil penalty to $5,000.
Comm n on Human Rights ex rel. Rose v. Co-op City of New York OATH Index No. 1831/10 (June 16, 2010), rev d, Comm n Dec. (Nov. 18, 2010), appended, modified on penalty sub nom. Riverbay Corp. v. NYC Comm
More informationCase 1:14-cv ESH Document 39 Filed 07/10/14 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:14-cv-00403-ESH Document 39 Filed 07/10/14 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Sai, ) ) Plaintiff, ) v. ) Case No: 14-0403 (ESH) ) TRANSPORTATION SECURITY ) ADMINISTRATION,
More informationLegnetti v Camp America 2011 NY Slip Op 33754(U) December 21, 2011 Sup Ct, Nassau County Docket Number: 1113/09 Judge: Antonio I.
Legnetti v Camp America 2011 NY Slip Op 33754(U) December 21, 2011 Sup Ct, Nassau County Docket Number: 1113/09 Judge: Antonio I. Brandveen Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op
More informationREPORT AND RECOMMENDATION
Comm n on Human Rights ex rel. McIntosh v. Vance OATH Index Nos. 2018/11 & 2019/11 (July 18, 2011), adopted, Comm n Dec. & Order (Nov. 9, 2011), appended Petitioner established that respondents discriminated
More information169 Bowery, LLC v Bowery Dev. Group, LLC 2013 NY Slip Op 33377(U) January 29, 2013 Sup Ct, New York County Docket Number: /10 Judge: Joan A.
169 Bowery, LLC v Bowery Dev. Group, LLC 2013 NY Slip Op 33377(U) January 29, 2013 Sup Ct, New York County Docket Number: 651102/10 Judge: Joan A. Madden Cases posted with a "30000" identifier, i.e., 2013
More informationRhode Island False Claims Act
Rhode Island False Claims Act 9-1.1-1. Name of act. [Effective until February 15, 2008.] This chapter may be cited as the State False Claims Act. 9-1.1-2. Definitions. [Effective until February 15, 2008.]
More informationDEFENDANTS MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT
STATE OF NEW YORK SUPREME COURT : COUNTY OF KINGS DJUMABAY SHOTOMIROV, individually and on behalf of all others similarly situated, Plaintiff(s), Index No. 522567/2016 Assigned Justice: Hon. Edgar G. Walker
More informationAurora Assoc., LLC v Hennen 2017 NY Slip Op 30032(U) January 6, 2017 Supreme Court, New York County Docket Number: /2015 Judge: Nancy M.
Aurora Assoc., LLC v Hennen 2017 NY Slip Op 30032(U) January 6, 2017 Supreme Court, New York County Docket Number: 154644/2015 Judge: Nancy M. Bannon Cases posted with a "30000" identifier, i.e., 2013
More informationFire Dep t v. Buttaro OATH Index No. 2430/14, mem. dec. (July 17, 2014)
Fire Dep t v. Buttaro OATH Index No. 2430/14, mem. dec. (July 17, 2014) Respondent s motion to dismiss is denied in part and denied in part with leave to renew. Respondent s motions to preclude interview
More informationSTATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION THE ASSOCIATION FOR THE PLAZA OF BAL HARBOUR
More informationHorseshoe Realty, LLC v Meah 2015 NY Slip Op 31881(U) October 15, 2015 Civil Court of the City of New York, New York County Docket Number: L&T
Horseshoe Realty, LLC v Meah 2015 NY Slip Op 31881(U) October 15, 2015 Civil Court of the City of New York, New York County Docket Number: L&T 59692/2014 Judge: Sabrina B. Kraus Cases posted with a "30000"
More informationMatrisciano v Metropolitan Transp. Auth NY Slip Op 33435(U) December 24, 2014 Supreme Court, New York County Docket Number: /2014 Judge:
Matrisciano v Metropolitan Transp. Auth. 2014 NY Slip Op 33435(U) December 24, 2014 Supreme Court, New York County Docket Number: 153638/2014 Judge: Michael D. Stallman Cases posted with a "30000" identifier,
More informationFILED: KINGS COUNTY CLERK 11/02/ /16/ :25 04:16 PM INDEX NO /2015 NYSCEF DOC. NO RECEIVED NYSCEF: 11/02/2016
FILED: KINGS COUNTY CLERK 11/02/2016 12/16/2016 03:25 04:16 PM INDEX NO. 508589/2015 NYSCEF DOC. NO. 50 71 RECEIVED NYSCEF: 11/02/2016 12/16/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
More informationState of New York v Credit Suisse Sec NY Slip Op 32031(U) July 17, 2015 Supreme Court, New York County Docket Number: /2013 Judge: Kelly
State of New York v Credit Suisse Sec. 2015 NY Slip Op 32031(U) July 17, 2015 Supreme Court, New York County Docket Number: 100185/2013 Judge: Kelly A. O'Neill Levy Cases posted with a "30000" identifier,
More informationShi v Shaolin Temple 2011 NY Slip Op 33821(U) July 1, 2011 Sup Ct, Queens County Docket Number: 20167/09 Judge: Denis J. Butler Cases posted with a
Shi v Shaolin Temple 2011 NY Slip Op 33821(U) July 1, 2011 Sup Ct, Queens County Docket Number: 20167/09 Judge: Denis J. Butler Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are
More informationTHE FEDERAL FALSE CLAIMS ACT 31 U.S.C
THE FEDERAL FALSE CLAIMS ACT 31 U.S.C. 3729-3733 Reflecting proposed amendments in S. 386, the Fraud Enforcement and Recovery Act of 2009, as passed by the U.S. House of Representatives on May 6, 2009
More informationState of New York Supreme Court, Appellate Division Third Judicial Department
State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: November 22, 2017 525023 In the Matter of THE PLASTIC SURGERY GROUP, P.C., Respondent, v MEMORANDUM AND
More informationCommissioner determined licensee s conduct was sufficiently serious to warrant license revocation and he imposed that penalty.
Dep't of Buildings v. Inglese OATH Index No. 929/10 (Feb. 4, 2010), modified on penalty, Comm r Dec. (Apr. 23, 2010), appended, remanded sub nom Inglese v. LiMandri, 2010 NY Slip Op 32967U; 2010 N.Y. Misc.
More informationFILED: NEW YORK COUNTY CLERK 03/29/ :06 PM INDEX NO /2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 03/29/2015
FILED NEW YORK COUNTY CLERK 03/29/2015 0606 PM INDEX NO. 650599/2015 NYSCEF DOC. NO. 63 RECEIVED NYSCEF 03/29/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------
More informationWorth Constr. Co., Inc. v Cassidy Excavating, Inc NY Slip Op 33017(U) January 10, 2014 Sup Ct, Westchester County Docket Number: 61224/2012
Worth Constr. Co., Inc. v Cassidy Excavating, Inc. 2014 NY Slip Op 33017(U) January 10, 2014 Sup Ct, Westchester County Docket Number: 61224/2012 Judge: Joan B. Lefkowitz Cases posted with a "30000" identifier,
More informationSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X In the Matter of the Application of JIANA BOONE,
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X In the Matter of the Application of JIANA BOONE, Index No. Petitioner, For a Judgment Pursuant to CPLR Article 78 against THE NEW YORK CITY DEPARTMENT
More informationHEDMAN, GIBSON & COSTIGAN, P.C., Plaintiff, -against- TRI-TECH SYSTEMS INTERNATIONAL, INC., Defendant,
Abstract The defendant had obtained several patents before going insolvent. Its law firm, the plaintiff, sued for unpaid legal services and obtained default judgment against the defendant as well as a
More informationPH-105 Realty Corp. v Elayaan 2017 NY Slip Op 30952(U) May 3, 2017 Supreme Court, New York County Docket Number: /2016 Judge: Gerald Lebovits
PH-105 Realty Corp. v Elayaan 2017 NY Slip Op 30952(U) May 3, 2017 Supreme Court, New York County Docket Number: 656160/2016 Judge: Gerald Lebovits Cases posted with a "30000" identifier, i.e., 2013 NY
More information-- Charles E. Sullivan, Jr., Esq., for the New York State Department of Environmental Conservation.
STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of the Alleged Violations of Article 27 and 71 of the Environmental Conservation Law ( ECL ) and Part 360 of Title 6 of the Official
More informationPolice Dep t v. Nightstar OATH Index No. 3190/09, mem. dec. (June 19, 2009)
Police Dep t v. Nightstar OATH Index No. 3190/09, mem. dec. (June 19, 2009) In vehicle forfeiture proceeding, ALJ found that petitioner proved that owner was not innocent and that the other Krimstock elements
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LAWRENCE E. JAFFE PENSION PLAN, On Behalf of Itself and All Others Similarly Situated, vs. Plaintiff, HOUSEHOLD INTERNATIONAL,
More informationEmigrant Bank v Greene 2015 NY Slip Op 31343(U) February 24, 2015 Supreme Court, Queens County Docket Number: /2014 Judge: Allan B.
Emigrant Bank v Greene 2015 NY Slip Op 31343(U) February 24, 2015 Supreme Court, Queens County Docket Number: 703522/2014 Judge: Allan B. Weiss Cases posted with a "30000" identifier, i.e., 2013 NY Slip
More informationAmerican Express Bank, FSB v Katshihtis 2013 NY Slip Op 30473(U) February 19, 2013 Supreme Court, Queens County Docket Number: 9833/2011 Judge:
American Express Bank, FSB v Katshihtis 2013 NY Slip Op 30473(U) February 19, 2013 Supreme Court, Queens County Docket Number: 9833/2011 Judge: Robert J. McDonald Republished from New York State Unified
More informationCase4:09-cv SBA Document42 Document48 Filed12/17/09 Filed02/01/10 Page1 of 7
Case:0-cv-00-SBA Document Document Filed//0 Filed0/0/0 Page of 0 0 BAY AREA LEGAL AID LISA GREIF, State Bar No. NAOMI YOUNG, State Bar No. 00 ROBERT P. CAPISTRANO, State Bar No. 0 Telegraph Avenue Oakland,
More informationFILED: NEW YORK COUNTY CLERK 07/09/ :06 PM INDEX NO /2014 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/09/2015
FILED: NEW YORK COUNTY CLERK 07/09/2015 11:06 PM INDEX NO. 850229/2014 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/09/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------------X
More informationAP Atl., Inc. v. Crescent Univ. City Venture, LLC, 2017 NCBC 48.
AP Atl., Inc. v. Crescent Univ. City Venture, LLC, 2017 NCBC 48. STATE OF NORTH CAROLINA MECKLENBURG COUNTY AP ATLANTIC, INC. d/b/a ADOLFSON & PETERSON CONSTRUCTION, IN THE GENERAL COURT OF JUSTICE SUPERIOR
More informationDell-Tech Enterprises, Inc. v. Dep t of Parks & Recreation OATH Index No. 410/16, mem. dec. (Jan. 21, 2016)
Dell-Tech Enterprises, Inc. v. Dep t of Parks & Recreation OATH Index No. 410/16, mem. dec. (Jan. 21, 2016) Contractor s petition for additional payment dismissed because it was untimely and waived. NEW
More informationIndymac Bank, FSB, Plaintiff, against. Annie Boyd, et al., Defendants.
1 of 5 5/30/2009 11:37 AM [*1] Indymac Bank, FSB v Boyd 2009 NY Slip Op 50094(U) [22 Misc 3d 1112(A)] Decided on January 22, 2009 Supreme Court, Kings County Schack, J. Published by New York State Law
More informationPena v Jane H. Goldman Residuary Trust No NY Slip Op 32630(U) December 2, 2016 Supreme Court, Bronx County Docket Number: /2015 Judge:
Pena v Jane H. Goldman Residuary Trust No. 1 2016 NY Slip Op 32630(U) December 2, 2016 Supreme Court, Bronx County Docket Number: 301044/2015 Judge: Lucindo Suarez Cases posted with a "30000" identifier,
More informationDrafting New York Civil-Litigation Documents: Part XXVII Disclosure Motions
Fordham University School of Law From the SelectedWorks of Hon. Gerald Lebovits October, 2013 Drafting New York Civil-Litigation Documents: Part XXVII Disclosure Motions Gerald Lebovits Available at: https://works.bepress.com/gerald_lebovits/232/
More informationTERRON TAYLOR AND OZNIE R. MANHERTZ, Petitioners, Respondent, and. No. 2 CA-SA Filed September 25, 2014
IN THE ARIZONA COURT OF APPEALS DIVISION TWO TERRON TAYLOR AND OZNIE R. MANHERTZ, Petitioners, v. HON. KAREN J. STILLWELL, JUDGE PRO TEMPORE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE
More informationFILED: NEW YORK COUNTY CLERK 04/11/ :48 PM INDEX NO /2013 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/11/2017
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------- X KATARINA SCOLA, Plaintiff, Index. No.: 654447/2013 -against- AFFIRMATION
More informationU.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box Washington, DC 20013
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Sandra M. McConnell et al., a/k/a Velva B.,1 Complainant, v. Megan J. Brennan, Postmaster General,
More informationPRELIMINARY STATEMENT. Petitioner Lewis Family Farm, Inc. submits this memorandum of law in support of its
STATE OF NEW YORK SUPREME COURT LEWIS FAMILY FARM, INC., -against- ADIRONDACK PARK AGENCY, Petitioner, Respondent. COUNTY OF ESSEX PETITIONER'S MEMORANDUM OF LAW IN SUPPORT OF STAY Index No. RJI No. PRELIMINARY
More informationReply Affirmation of Erica B. Garay, Esq. dated December 4, 2003.
SUPREME COURT - STATE OF NEW YORK IAS TERM PART 19 NASSAU COUNTY INDEX NO. 11990-03 PRESENT: HONORABLE LEONARD B. AUSTIN Justice Motion R/D: 11-28-03 Submission Date: 12-5-03 Motion Sequence No.: 002,003,004/
More informationHahn v Congregation Mechina Mikdash Melech, Inc NY Slip Op 31517(U) July 11, 2013 Sup Ct, Kings County Docket Number: /2012 Judge: Mark
Hahn v Congregation Mechina Mikdash Melech, Inc. 2013 NY Slip Op 31517(U) July 11, 2013 Sup Ct, Kings County Docket Number: 500608/2012 Judge: Mark I. Partnow Republished from New York State Unified Court
More informationMack-Cali Realty Corp. v NGM Ins. Co NY Slip Op 33719(U) January 16, 2013 Sup Ct, Westchester County Docket Number: 50233/2012 Judge: Sam D.
Mack-Cali Realty Corp. v NGM Ins. Co. 2013 NY Slip Op 33719(U) January 16, 2013 Sup Ct, Westchester County Docket Number: 50233/2012 Judge: Sam D. Walker Cases posted with a "30000" identifier, i.e., 2013
More informationSiegel v Engel Burman Senior Hous. at E. Meadow, LLC 2010 NY Slip Op 33833(U) October 21, 2010 Sup Ct, Nassau County Docket Number: 6709/09 Judge:
Siegel v Engel Burman Senior Hous. at E. Meadow, LLC 2010 NY Slip Op 33833(U) October 21, 2010 Sup Ct, Nassau County Docket Number: 6709/09 Judge: Antonio I. Brandveen Cases posted with a "30000" identifier,
More informationMatter of Williams v New York State Off. of Temporary & Disability Assistance 2018 NY Slip Op 32960(U) November 13, 2018 Supreme Court, New York
Matter of Williams v New York State Off. of Temporary & Disability Assistance 2018 NY Slip Op 32960(U) November 13, 2018 Supreme Court, New York County Docket Number: 651343/2018 Judge: Eileen A. Rakower
More information: : Plaintiff Bruno Pierre ( Plaintiff ) filed this diversity action against Defendants Hilton
Pierre v. Hilton Rose Hall Resort & Spa et al Doc. 61 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------ X BRUNO PIERRE, Plaintiff, -against-
More informationAmsterdam Assoc. LLC v Alianza LLC 2014 NY Slip Op 30156(U) January 15, 2014 Supreme Court, New York County Docket Number: /2013 Judge:
2406-12 Amsterdam Assoc. LLC v Alianza LLC 2014 NY Slip Op 30156(U) January 15, 2014 Supreme Court, Ne York County Docket Number: 151120/2013 Judge: Saliann Scarpulla Cases posted ith a "30000" identifier,
More informationFILED: NEW YORK COUNTY CLERK 02/06/ :50 PM INDEX NO /2016 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/06/2018
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK EAST OF HUDSON RAIL FREIGHT TASK FORCE, Index No. 654271/2016 Plaintiff, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY Defendant. PLAINTIFF'S RESPONSE
More informationTrilegiant Corp. v Orbitz, LLC 2013 NY Slip Op 32381(U) October 2, 2013 Sup Ct, New York County Docket Number: /2011 Judge: Charles E.
Trilegiant Corp. v Orbitz, LLC 2013 NY Slip Op 32381(U) October 2, 2013 Sup Ct, New York County Docket Number: 651850/2011 Judge: Charles E. Ramos Cases posted with a "30000" identifier, i.e., 2013 NY
More informationPeople, appellant v. Constantine Quadrozzi, respondents
People, appellant v. Constantine Quadrozzi, respondents APPELLATE DIVISION SECOND DEPARTMENT Environmental Law New York Law Journal August 26, 2008 Decided Aug. 19, 2008 Before Fisher, J.P.; Ritter, Dillon,
More informationDISCOVERY IN SUMMARY LANDLORD-TENANT PROCEEDINGS: SOME CONTROVERSIES STILL EXIST 1
DISCOVERY IN SUMMARY LANDLORD-TENANT PROCEEDINGS: SOME CONTROVERSIES STILL EXIST 1 New York Law Journal March 20, 2000 Although discovery in summary proceedings must be obtained with leave of the Court,
More informationMatter of Kroynik v New York State Office of Temporary & Disability Assistance 2013 NY Slip Op 30912(U) April 25, 2013 Sup Ct, New York County Docket
Matter of Kroynik v New York State Office of Temporary & Disability Assistance 2013 NY Slip Op 30912(U) April 25, 2013 Sup Ct, New York County Docket Number: 402559/12 Judge: Joan B. Lobis Republished
More informationDebtors, Movant, NOTICE OF MOTION NOTICE OF MOTION
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------------X In re: Mark Anthony a/k/a Mark Naidu Debtors, --------------------------------------------------------------------X
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK x SONYA GORBEA, Plaintiff, MEMORANDUM & ORDER
Gorbea v. Verizon NY Inc Doc. 67 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------x SONYA GORBEA, Plaintiff, -against- MEMORANDUM & ORDER 11-CV-3758 (KAM)(LB) VERIZON
More informationBaker v CHG Hous. L.P NY Slip Op 30107(U) January 19, 2017 Supreme Court, New York County Docket Number: /14 Judge: Gerald Lebovits Cases
Baker v CHG Hous. L.P. 2017 NY Slip Op 30107(U) January 19, 2017 Supreme Court, New York County Docket Number: 154110/14 Judge: Gerald Lebovits Cases posted with a "30000" identifier, i.e., 2013 NY Slip
More informationGDLC, LLC v Toren Condominium 2016 NY Slip Op 32105(U) October 21, 2016 Supreme Court, New York County Docket Number: /2016 Judge: Arlene P.
GDLC, LLC v Toren Condominium 2016 NY Slip Op 32105(U) October 21, 2016 Supreme Court, New York County Docket Number: 157284/2016 Judge: Arlene P. Bluth Cases posted with a "30000" identifier, i.e., 2013
More informationYoung v Brim 2019 NY Slip Op 30096(U) January 11, 2019 Supreme Court, New York County Docket Number: /2018 Judge: Carmen Victoria St.
Young v Brim 2019 NY Slip Op 30096(U) January 11, 2019 Supreme Court, New York County Docket Number: 651908/2018 Judge: Carmen Victoria St. George Cases posted with a "30000" identifier, i.e., 2013 NY
More informationDep't of Buildings v. Mascarella OATH Index No. 2757/10 (Dec. 22, 2010), modified on penalty, Comm r Dec (Jan. 5, 2011), appended
Dep't of Buildings v. Mascarella OATH Index No. 2757/10 (Dec. 22, 2010), modified on penalty, Comm r Dec (Jan. 5, 2011), appended Respondent, a licensed hoist machine operator, pled guilty to conspiracy
More information1. The petitioners hereby allege that Respondent erroneously concluded that the
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------X Index #: 100814/14 In the Matter of the Application of NEW YORK CITY COALITION
More informationComm n on Human Rights ex. rel. Blue v. Jovic OATH Index No. 1624/16 (Aug. 19, 2016), adopted, Comm n Dec. & Order (May 26, 2017)
Comm n on Human Rights ex. rel. Blue v. Jovic OATH Index No. 1624/16 (Aug. 19, 2016), adopted, Comm n Dec. & Order (May 26, 2017) After a default hearing, ALJ held that a landlord discriminated against
More information