Posted onNovember 2, 2023|Comments Off on Rural Land Homeowners Land Sued Neighboring Mining Operations For Nuisance
Did Mine Operators Assert Viable Counterclaim that Repeated Complaints to DEC Constituted a Nuisance?
Blake Bassett, Robert Bassett, Sandy Lupo and John Lupo are residents and/or owners of approximately 14 acres of rural land located in the Town of Greenfield, Saratoga County, New York. Peckham Materials Corp. operates a mining operation on land it owns that is adjacent to and abuts the Bassett/Lupo property. In 2019, Peckham entered into a lease agreement with Pallette Stone Corporation to operate Peckham‘s quarry.
Posted onOctober 30, 2023|Comments Off on Best Buy Charged Customer For Purchasing Two HP Computers Minutes Apart
Was Purchaser
Entitled to Refund From Store # 1448?
In the trial of a New York City Civil
Court small claim action against Best Buy 1448, Rodolfo Zanetti alleged that he
returned an Apple Mac Book and exchanged it for a Hewlett Packard laptop but
that he was charged twice for the HP. Zanetti sought damages for the cost of
the second HP, and the accrued interest on his Best Buy credit card. He
previously rejected Best Buy’s offer to settle the matter for $1905.35, the
cost of the computer, because it did not cover the interest accrued on the
credit card. Zanetti provided a receipt dated September 18, 2020 at 17:11 for
the exchange, investigation letters sent by Best Buy and credit card account
statements as evidence.
Posted onOctober 26, 2023|Comments Off on New Leaching Field Encroached Almost 2,000 SF on Neighboring 11 Acre Property
Small Claims Court Determines Amount of Damages Due to Unintentional
Taking
In his small claims complaint, James K.
McCormack sought $3,480.00 for an alleged encroachment of approximately twenty
feet onto his property resulting from a new leach field associated with repairs
to the septic system on the neighboring property owned by Derrick and Cystalyn
Miller. The complaint stated that “this ruined the value of the property for me
and an encroachment as such would make it difficult to sell my property and
reduce its value. I want the appraised value of the property the leach field is
on and its surrounding area (79′ × 25′) and the cost to separate it from the
rest of my property.”
Posted onOctober 23, 2023|Comments Off on Jessica Sold Washing Machine to Paulette on Facebook Marketplace
Was Defect in Appliance an Actionable Breach of
Warranty?
Was an individual who
purchased goods on Facebook Marketplace entitled to damages when the goods were
defective? Did the seller breach an express warranty she made regarding the
condition of the goods and therefore entitling the buyer to a refund of the
purchase price?
Facebook Marketplace is an
e-commerce platform that connects sellers and buyers of goods. Individuals with
an active Facebook account can attempt to sell an item by creating a public
listing that can be viewed by anyone on Facebook. The seller typically
photographs and provides a description of the item listed. Interested buyers
may then contact the seller through Facebook Messenger, an instant messaging
application that allows the parties to privately communicate with each other.
Posted onOctober 21, 2023|Comments Off on Smith Gambrell Russell New York Attorney Victor Metsch Receives NYS Courts Office for Justice Initiatives’ Access to Justice Pro Bono Award
ATLANTA (October 20, 2023) – Smith, Gambrell & Russell, LLP (SGR) is pleased to announce that New York attorney Victor M. Metsch has received the NYS Courts Office for Justice Initiatives’ Access to Justice Pro Bono Award for his outstanding work and dedicated service in the Civil Court Volunteer Lawyer Project. Mr. Metsch was presented with his award during a ceremony on October 19 held in celebration of National Pro Bono Week.
As a member of SGR’s Litigation Department, Victor Metsch focuses primarily in the area of commercial dispute resolution, which includes arbitration, mediation, appeals work, and litigation in the Federal, State and Surrogate’s Courts. He has developed extensive experience in the areas of banking, title work, brokerage, construction, architecture, and engineering as they apply to the purchase, sale, financing, design, development, construction, renovation, and leasing of commercial and residential real estate properties. Mr. Metsch also practices in the area of employment law and litigation where representations include both employers and employees.
Comments Off on Smith Gambrell Russell New York Attorney Victor Metsch Receives NYS Courts Office for Justice Initiatives’ Access to Justice Pro Bono Award
Posted onOctober 19, 2023|Comments Off on Residential Landlords Beware 14 Day Rule of GOL 7-108[e]
Did Failure to
Comply Result in Forfeiture of Damage Claim?
Michael Gordon was a tenant of Arcadian Corp. N.V. at
160 Central Park South where she owns a condominium unit. He brought a small claims
action for damages Arcadian failed to return his security deposit after he
moved out on March 26, 2021. There was a dispute as to the date he vacated
because he did not remove his furniture until May 25.
Posted onOctober 16, 2023|Comments Off on Mom Asserted Son Was Bullied/Harassed at Tennis Program
Were
Complaints to USTA Director Defamatory or Privileged?
A mother believed her son was bullied and
harassed by another participant at junior tennis lessons, training and events.
And so e-mailed to the sports’ governing body. s a recent case
illustrates, the Court was called upon to determine if that communication
was defamatory or privileged.
Melani Weitz
reported, via email, to a United States Tennis Association official, that her
son was being bullied by Matthew Porges at USTA junior tennis tournaments and
at other tennis programs and events. The bullying ranged from offensive
name-calling to physically menacing behavior, and it caused Weitz to fear for
her son’s safety. Weitz “[couldn’t] understand,” she wrote, “how
a child like [Porges was] allowed to continue to compete or even be associated with
the USTA.” The email also noted that Porges had been “kicked
out” of two tennis facilities and instruction programs on Long Island.
Litigation ensued.
Posted onOctober 12, 2023|Comments Off on Passenger Injured When Car Skids Off Road During Snowstorm
Was Drive Liable or
Exonerated From Liability For Negligence?
Most of the facts that surrounded the happening of a single vehicle accident
were not disputed. Yvette Fall, a passenger, Ryan Detomi, the driver, and three
other occupants of a 2007 Kia Sorento were all students at Cazenovia
College which is located near Syracuse, New York. The accident occurred just
after midnight on the morning of April 7, 2018. The night before the accident
four of the five occupants performed in a theatrical production of the play
“Rent” at the College, the fifth occupant was in the audience. After
the performance, the five occupants traveled together in the vehicle to a
party. They left the college at around 10 P.M. and arrived at the party at
10:30 or 11:00 P.M. At his deposition Ryan Detomi testified that when he got in
his vehicle after the show it was “snowing, [with] very close to white-out
conditions.” And testified that it took him approximately 20 minutes
to drive to the party. As they traveled to the party the weather was
“mixed precipitation” and the road was “pitch black.” On
his route the speed limit varied between 30 MPH to 55 MPH but Detomi drove at
an approximate speed of 15 to 20 because of the weather conditions. The group
reached the party safely.
Posted onOctober 6, 2023|Comments Off on Kelly and Crossman Collide at Entrance to Car Wash on Old Vestal Road
Accident Implicates
Several V&TL Provisions & Contributory Negligence
In his Small Claims Court complaint, John Crossman
sought $5,000.00 for damages to his vehicle, a 2010 Mazda 3, as a result of a
collision he alleged was caused by Nora Kelly. Crossman’s vehicle was being
driven by Inna Opatska at the time of the accident. According to the complaint,
Opatska is the fiancé of Crossman’s son, John Crossman Jr., who was in the back
seat with their one-year-old son when the collision took place.
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