Monthly Archives: September 2024

William and Teresa Fight in Court for Custody of Doberman Pinscher “King”

Posted on September 16, 2024 | Comments Off on William and Teresa Fight in Court for Custody of Doberman Pinscher “King”

Court Decides in Whose Custody the Pet’s Best Interests Would Be Served  

Pursuant to DRL §236(B)(5)(15), in awarding possession of a companion animal in a divorce action the court should consider the best interest of the animal. On April 18, 2023 a hearing was held to determine custody of the parties’ dog,  King. Custody was sought by both William Conte and Teresa Conte.

The parties to the divorce action had been living apart since July 17, 2022 when William was directed to vacate the marital residence pursuant to an order of protection in favor of Teresa. At that time, the parties had two dogs: King and Ruby, a miniature Pinscher.

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Posted in Animals, Litigation, New York Law

Assignee of Residential Real Property Mortgage Filed Suit to Foreclose

Posted on September 12, 2024 | Comments Off on Assignee of Residential Real Property Mortgage Filed Suit to Foreclose

Was Suit Barred By Passage of Time After Assignor’s Acceleration Notice?

In January 2007, Stanley Caldwell and Sheila Caldwell executed a note in the amount of $210,000, in favor of JPMorgan Chase Bank, N.A. The note was secured by a mortgage on residential property located in Mastic Beach. In June 2011, JPMorgan commenced an action to foreclose the mortgage. In the complaint, JPMorgan elected to call due the entire amount secured by the mortgage. In July 2015, the 2011 action was voluntarily discontinued.

In October 2017, U.S. Bank National Association, as assignee of JP Morgan, commenced an action to foreclose the same mortgage. The Caldwells interposed an answer asserting several affirmative defenses, including expiration of the statute of limitations. Thereafter, the Bank moved for summary judgment on the complaint against the Caldwells.  The Caldwells opposed the motion and asked the court to search the record and award them summary judgment dismissing the complaint. Supreme Court denied the motion and, in effect, denied the Caldwells’ request to search the record and award them summary judgment. Both the Bank and the Caldwells appealed..

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Posted in Mortgages, New York Law, Real Estate

CPLR 3213 Motion For Summary Judgment In Lieu Of Complaint

Posted on September 9, 2024 | Comments Off on CPLR 3213 Motion For Summary Judgment In Lieu Of Complaint

Was Guarantee An Instrument For the Payment of Money?

Kitchen Winners NY, Inc. sought summary judgment in lieu of complaint pursuant to CPLR 3213 against David Triptow and TT Red Solutions. LLC. In support of the motion, a representative of KWNY averred that Triptow and  TT Red had executed a guaranty, pursuant to which they promised to repay a $450,000 deposit paid by KWNY pursuant to a purchase agreement KWNY entered into with nonparties Humpf (Chengdu) Industrial Co. Ltd. and Legend Sport Limited—HK, in the event that the goods that were the subject of the purchase agreement, namely, disposable medical gloves, were not delivered.

KWNY’s representative further averred that the gloves were not delivered by the date set forth in the purchase agreement for such delivery, triggering Triptow’s obligation under the guaranty to repay the deposit, and Triptow had remitted only $50,000 of the $450,000 owed.

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Posted in Contracts, Litigation, New York Law

Dog Bite Victim Sues Canines Owner

Posted on September 5, 2024 | Comments Off on Dog Bite Victim Sues Canines Owner

Both Parties Moved for Summary Judgment

Kathleen Piedimonte commenced an action against Inez A. Alvarenga-Benitez to recover damages for personal injuries she allegedly sustained as a result of an encounter with Benitz’ dog. Piedimonte testified at her deposition that the dog bit the back of her leg and jumped on her, causing her to fall and break her leg.

Piedimonte moved for summary judgment on the issue of liability and Benitez cross-moved for summary judgment dismissing the complaint, contending that his dog did not have vicious propensities and that, in any event, he neither knew, nor should have known, that the dog had any such propensities. Supreme Court denied Piedimonte’s motion and granted Benitez’ cross-motion. Piedimonte appealed.

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Posted in Animals, New York Law

Spectator Hurt During T-Shirt Launch At Citi Field

Posted on September 2, 2024 | Comments Off on Spectator Hurt During T-Shirt Launch At Citi Field

Were Mets Liable to Seriously Injured Fan?

Alexander Swanson was severely injured in an incident that occurred while he was in the stands as a spectator at a New York Mets baseball game at Citi Field ballpark in Queens New York operated by several entities (for convenience, the “Mets”).

Swanson sued the Mets. After discovery was completed, the Mets moved for summary judgment dismissing the complaint. In support of the motion, the Mets submitted Swanson’s deposition transcript, two affidavits from directors at Citi Field, and an affidavit from Dr. David L. Gushue, Ph.D., a biomechanical engineer who investigated the facts surrounding Swanson’s accident.

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Posted in Litigation, Personal Injury