Monthly Archives: April 2024

Plaintiff Arrested By NYPD Officer For Violation of Protective Order

Did NYPD Have Probable Cause? Or Was City Liable For False Arrest?  

Travis Marshal filed suit against the City of New York arising out of his allegedly false arrest. At his examination before trial, Marshal testified that he was at home in his apartment at 1649 Amsterdam Avenue, New York, New York, and went downstairs to the lobby to get some fresh air at approximately 3:30 p.m.  While downstairs, he observed Donald Wilkinson, a former resident of the building, speaking to a female police officer. The police officer with whom Wilkinson was speaking asked Marshal to approach them. After approaching, Marshal asked Wilkinson about fifty dollars he believed Wilkinson owed him. The police officer then informed him that Wilkinson had an order of protection against him and arrested him for violating the order. 

The arresting  NYPD officer, Caroline Gehm, testified that on the date of the arrest, she received a report from a 911 dispatcher about a dispute and violation of an order of protection at 1649 Amsterdam Avenue. Gehm testified that the 911 dispatcher stated, specifically, that Wilkinson had reported that Marshal had told him he would kill him after that order of protection expired.

Continue reading

Petition Filed To Amend Birth Certificates of Parents and Grandparents

Was Relief Sought  Warranted Under NYC Health Code?

David Mastron petitioned the Court to amend the birth certificate of his father, Victor Mastron.  Specifically, he sought to change the name of the father on the certificate (his grandfather) from “Alberto Mastron” to “Ascensino Mastronardi”, the name of the mother (his grandmother) from “Giuseppina Mastron” to “Josephine Mastron”, and the mother’s unmarried name from “Giuseppina Mastron” to “Josephine Russo.”

In opposition, the New York City Department of Health and Mental Hygiene argued that the documentation provided to amend Albert Mastron’s name contained multiple spellings and aliases and, notably, the name sought was not among the aliases provided. The Dept. also opposed amendments to “Giuseppina Mastron” because the name and age listed on the supporting documents were inconsistent with the name written on the certificate. Mastron was also unable to provide a copy of his grandmother’s birth certificate for consideration.

Continue reading

Contentious Dispute Between Contiguous 47th St. Property Owners

Court Decides Rights To 18 Inch/100 Foot Boundary Line Strip

In 2007, Jemsco Realty LLC acquired property on the north side of West 47th Street described as 29 West 47th Street. At that time, the lot was improved with a 16-story building, the east wall of which extended to the property line. In 2018, N47 Associates LLC bought the lot immediately to the east, described as 27 West 47th Street. At that time, the lot was improved with a six-story building built in 1924, whose west wall was parallel to and 18 inches east of the property line. Jemsco and N47 asserted competing claims to the 18-inch wide and 100-foot-long strip of land between the west wall of the N47 Building and the east wall of the Jemsco building. There was no dispute that the strip was within the metes and bounds of  N47 Building.

Continue reading

Harrison Falls Off Herman at Minieri’s Parkview Riding Center

Did Patron Assume or Release Risk of Horseback Riding Injury?

Francine Harrison fell off a horse (called “Herman”) at Minieri’s Parkview Riding Center and was dragged with her foot caught in the stirrup, causing her various injuries including a broken femur. Specifically, Harrison claimed the horse was “rooting” (thrusting/pulling, his head down), and that she had received no instructions on how to respond to this dangerous behavior until the accident occurred. Litigation ensued.

Riding Center claimed that it was entitled to summary judgment dismissal because there was insufficient admissible evidence to establish an issue of fact concerning any negligence; Harrison’s execution of the riding instruction agreement and liability release was valid; the action must be dismissed based on the doctrine of primary/express assumption of risk and also based upon the doctrine of implied assumption of risk; and finally, because Harrison failed to establish proximate cause.

Continue reading

Residential Coop Tenant Posts Allegedly Defamatory Statements on Website

Did General Manager & Superintendent  State Legally Cognizable Claims?

North Shore Towers Apartments Incorporated is a residential cooperative complex located in Queens. Glen Kotowski and Steven Cairo are employed as the general manager and general superintendent of the complex, respectively. They commenced an action to recover damages for allegedly defamatory statements made by Eric Kozminsky, a resident of the complex. The allegedly defamatory statements about Kotowksi, Cairo and conditions at the buildings, were made through a post on the social networking website NextDoor.com. In the post, Kozminsky, inter alia, reproduced extensive excerpts of filings in an action brought against NST, Cairo, and Kotowski by a former NST employee, and urged other residents to vote in an upcoming election for the NST’s board for directors who would replace the management of the complex. Kozminsky moved to dismiss the amended complaint. Supreme Court denied the motion. Kozminsky appeals.

Continue reading