Category Archives: New York Law

Juno and Josie Joust in Chatham

Posted on September 22, 2022 | Comments Off on Juno and Josie Joust in Chatham

This was originally published on the SGR Blog.

Court Patiently Parses Pet Peeves

On October 27, 2018, Julie Hickson was walking her dog, Juno, through a neighborhood in the town of Chatham, Columbia County, when she approached a residence located at 144 Hudson Avenue. The residence was owned by Fredda Brown, who leased a portion of it to her daughter, Leah Brown-Oliva.

Brown-Oliva had just exited the residence with her own dog, Josie, who was secured by a retractable leash. As Brown-Oliva was closing the door behind her, Josie began running toward Hickson and Juno, pulling the retractable leash out of Brown-Oliva’s grasp. Josie and Juno quickly became engaged in a fight, as Hickson and Brown-Oliva attempted to separate the dogs. During the struggle, the retractable leash that was still attached to Josie became wrapped around Hickson’s legs, and she fell to the ground. Eventually, the dogs were separated, and Hickson and Juno walked away. Hickson later went to an urgent care center, where she was found to have fractures in both of her hands.

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Posted in Animals, Litigation, New York Law

Patron Punched in Pub Fracas

Posted on September 19, 2022 | Comments Off on Patron Punched in Pub Fracas

This was originally published on the SGR Blog.

Was Owner/Dram Act Implicated?

Thomas Asher sought damages for injuries he sustained in December 2017 when Erik Walordy punched him in the head inside of the Local Ale House, a bar owned by Charter Pub Inc. located in Island Park, New York. Charter sought summary judgment dismissing the action.

Asher, a frequent patron of the Local Ale House—he visited 3 or 4 times per week—arrived alone at the saloon approximately at midnight and proceeded to sit at the end of the bar to talk with his friend, Bob Mauro, and Mauro’s wife. The bar was not crowded at the time—a total of 8-10 people, including two female bartenders. Asher spoke with Mauro for approximately half-an-hour when Walordy approached him, touched his chest and said that Walordy’s friend wanted to meet him. Mauro told Asher that Walordy and his friends were at a Christmas party at Mauro’s karate establishment and that they came to the bar afterwards. Asher did not notice anything that would indicate that Walordy was intoxicated—his speech was not slurred nor were his eyes glassy or bloodshot. Asher and Mauro laughed off Walordy’s approach.

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Posted in Litigation, New York Law, Personal Injury

Customer Tech Salesman Jumps to a Competitor

Posted on September 16, 2022 | Comments Off on Customer Tech Salesman Jumps to a Competitor

This was originally published on the SGR Blog.

Would Court Enforce Restrictive Covenants?

ASAPP, Inc. applied to the Court for a preliminary injunction enjoining Samuel Rowbotham from commencing employment with or otherwise providing consulting services to ASAPP’s competitor, Cresta Intelligence, Inc., for a period of one year. Rowbotham opposed the motion.

Rowbotham served as a Director of Strategic Accounts at ASAPP, a technology company with approximately 300 employees whose software is designed to improve customer and employee experiences at call centers. ASAPP hired Rowbotham in April 2021, and he began work in May 2021.

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Posted in Employment Law, Litigation, New York Law

Siblings Mark and Paul Contest Title to Property in Brooklyn

Posted on September 12, 2022 | Comments Off on Siblings Mark and Paul Contest Title to Property in Brooklyn

This was originally published on the SGR Blog.

Did Mark Deed Over Rights or Was He Ousted of Possession?

Mark Belli sought the partition and sale of real property located at 466 76th Street in Brooklyn, claiming that he owned a 12.5% interest and that Belli, LLC, a limited liability company of which his brother Paul Belli was the sole member, owned an 87.5% interest. The LLC interposed an answer and asserted counterclaims, to quiet title, contending that Mark had transferred his interest in the property to Paul, who then transferred his interest to the LLC, or, alternatively, that the LLC had acquired title to the property by adverse possession. Signature Bank’s predecessor in interest—New York Community Bank—to which the LLC had given a mortgage on the property, intervened in the action.

The LLC moved for summary judgment dismissing the complaint and declaring that it was the sole fee owner of the property. The Supreme Court granted the LLC’s motion. Mark appealed.

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Posted in Litigation, New York Law, Real Estate

“On or About” Closing Date Meets “Right of First Refusal” on Kingston Avenue

Posted on September 8, 2022 | Comments Off on “On or About” Closing Date Meets “Right of First Refusal” on Kingston Avenue

This was originally posted on the SGR Blog.

Were Brooklyn Property Purchase Rights Abrogated by Passage of Time?

A real estate contract vendee had the right to purchase a parcel in Brooklyn. But that right was subject to a third-party’s right of first refusal to buy the lot. As a recent case illustrates, the Court was required to navigate those concurrent provisions after several years of failure to close on the contract, on the one hand, or exercise of the right of first refusal, on the other.

On January 17, 2017, Parkway Trading Group Corp. commenced an action for specific performance against Yehuda Blesofsky, alleging that, on or about February 20, 2008, Blesofsky, as seller, and Parkway, as purchaser, entered into a contract for the purchase of  328 Kingston Avenue in Brooklyn for $640,000.00 with a closing date of on or about August 15, 2008.

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Posted in Litigation, New York Law, Real Estate, Vendor/Purchaser Disputes

Water-tuber Falls at the Battenkill River

Posted on September 5, 2022 | Comments Off on Water-tuber Falls at the Battenkill River

This was originally published on the SGR Blog.

Was Operator of Site Negligent and Liable?

In July 2018, Jessica Rooney sustained injuries when she slipped on a rock located on an access path while attempting to reach the Battenkill River to go water tubing. Rooney filed a negligence action against Battenkill River Sports & Campground Holding Co, LLC, the company that rented her the tube and shuttled her by van to the river’s access point.

Battenkill moved for summary judgment dismissing the complaint on the basis that it did not owe or breach any duty to Rooney and that her claim was barred by the doctrine of primary assumption of risk. Rooney opposed the motion and argued that Battenkill was a common carrier and, as such, owed a duty of care to maintain the access path.

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Posted in Litigation, New York Law, Personal Injury, Personal Injury

Companion Sues Former Beau for Damages Arising Out of Long-Term Relationship

Posted on September 1, 2022 | Comments Off on Companion Sues Former Beau for Damages Arising Out of Long-Term Relationship

This was originally posted on the SGR Blog.

Court Decides Whether/ Which of a Dozen Claims Survives Motion to Dismiss

Andrea Coulter entered into an intimate relationship with Carl Sorenson, eighteen years her senior, in 2008 when she was 25 years old. Sorenson was a businessman who owned Nanz Custom Hardware, LLC., a substantial enterprise which manufactured and sold high-end custom-made metal hardware products used in the construction of residential and commercial properties. During the course of their decade-long relationship, Coulter and Sorenson lived together at more than one of Sorenson’s homes. At some point during the course of the relationship, Coulter started working, allegedly without compensation, for Sorenson both as his personal assistant and at Nanz.

In or about 2013, Coulter allegedly proposed that Sorensen utilize a Tribeca co-op apartment Sorenson owned through the Carl Sorenson IV Revocable Trust as a short-term rental space using the Airbnb platform, and claimed to have been responsible for fully managing the Airbnb initiative, including overseeing the apartment’s renovation and decoration, servicing the apartment, as well as managing the business’s account and the greeting of guests.

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Posted in Co-Ops, Litigation, New York Law, Real Estate, Trusts & Estates

Kayaker Pleads Guilty to Homicide in Boyfriend’s Drowning Death

Posted on August 29, 2022 | Comments Off on Kayaker Pleads Guilty to Homicide in Boyfriend’s Drowning Death

This was originally published on the SGR Blog.

Did Girlfriend Have Defense to Estate’s Civil Suit?

On April 19, 2015, Vincent A Viafore and Angelika Graswald were kayaking in separate kayaks in the Hudson River in Orange County, New York. The weather that day was cold and windy, with water temperature in the 40’s. Viafore was not wearing a life vest or a wet suit. Viafore and Graswald entered the Hudson River from Plum Point Park in Orange County and went to what is commonly known as “Bannermans Island,” an island in the Hudson River slightly southeast of the Plum Point. The couple spent about two hours hiking the island before disembarking back to Plum Point. Viafore and Graswald left the island at about 7:00 p.m. The waters were rough, it was windy, and it was getting dark. Viafore’s kayak paddle was missing a locking clip and had no drain plug, as it was removed by Graswald. While crossing the Hudson, Viaore’s kayak began to take on water and began to sink. Viafore exited his kayak and entered the river. Ultimately, he drowned in the river.

Graswald was arrested and charged with Second Degree Murder and Second Degree Manslaughter. On June 24, 2017, the case against Graswald was resolved by her plea to Criminally Negligent Homicide.

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Posted in Litigation, New York Law, Personal Injury, Personal Injury

Patron Falls Off Swivel Chair at Monticello Casino

Posted on August 25, 2022 | Comments Off on Patron Falls Off Swivel Chair at Monticello Casino

This was originally published on the SGR Blog.

Was Operator Liable for “Excessive Swivel” Injury?

Jeanine Monticello brought an action for injuries sustained on May 22, 2018, from an alleged trip and fall on a swivel chair on the main floor of the casino owned by Monticello Raceway Management, Inc. located at Route 17B, Monticello. Jeanine died on July 16, 2019, and her husband, Charles Cimorelli, Jr., was appointed administrator of her estate. The estate sued Monticello and alleged that the swivel chairs were not properly secured to the floor and that the chair had “excess swivel.” Monticello moved for summary judgment in that the alleged defective condition was open and obvious and not inherently dangerous.

A New York landowner owes people on their property a duty of reasonable care under the circumstances to maintain their property in a safe condition. However, in order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence.

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Posted in Litigation, New York Law, Personal Injury

Neighbor Injured When Dog Next Door Attacks Her Pets

Posted on August 22, 2022 | Comments Off on Neighbor Injured When Dog Next Door Attacks Her Pets

This was originally published on the SGR Blog.

Court Decides if Viable Claim is Asserted

Maria Grajeda sued Karin Hablo, as administrator of the estate of David B. Sulyma, after an incident involving a dog attack on September 20, 2014 in front of the Grajedas’ home in Chester, New York.

On September 20, 2014, at approximately 3:00 p.m., Maria Grajeda was on her front porch with her two dogs, Charlie and Sandy. David B. Sulyma lived next door with his two golden retrievers. Sulyma’s two golden retrievers approached Grajeda’s porch and started barking at her dogs. Sandy ran to the door of Grajeda’s home, and was let inside. As Sandy was let inside, Charlie was attacked by Sulyma’s dogs. Grajeda grabbed one of the dogs by the collar and attempted to separate them, but the attacks continued. As Grajeda attempted to grab Charlie, one of Sulyma’s dogs put his paws on her shoulder, causing her to fall to the ground on her right side. She continued her attempts to get Charlie, but the dogs “were pulling [her] and pulling Charlie” toward Sulyma’s property. She fell “a couple times” as she attempted to intervene in the attack.

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Posted in Animals, Litigation, New York Law, Personal Injury