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9 Nov 2023, 10:00 pm
ARBITRATION WAS A DEAD END HEREWhen G.G. commenced a proceeding to compel arbitration in an estate related matter, a respondent objected claiming that the issues couldn't be heard or addressed by that forum. [read post]
9 Nov 2023, 8:00 am
Brian Riedl (Manhattan Institute), 2023 Chart Book Examines Spending, Taxes, and Deficits: As interest rates soar and the budget deficit doubles to $2 trillion, the Manhattan Institute’s Brian Riedl has released the 2023 edition of his book of charts examining the federal budget, spending, taxes, and deficits. [read post]
9 Nov 2023, 7:33 am
., and one in Manhattan. [read post]
9 Nov 2023, 7:00 am
REFUSED TO HIRE WOMEN, BLACK OR OLDER WORKERS FOR CONSTRUCTION JOBSTKO Construction Services is alleged to have refused to hire women, Black or old people for construction jobs according to a lawsuit recently filed by the the U.S. [read post]
9 Nov 2023, 4:00 am
CONTRACT TERMINATION PRECLUDED SPECIFIC PERFORMANCEAfter the Bronx County Supreme Court dismissed B’s action for specific performance, he appealed to the Appellate Division, First Department.On its review of the dispute, the AD1 noted that upon defendant’s alleged breach, B had “affirmatively and undisputedly elected to terminate the contract instead of ignoring the breach and continuing to perform,” and was thus found to have “waived and abandoned any claim for… [read post]
9 Nov 2023, 1:00 am
STATED FAILED TO AFFORD "INSTITUTIONALIZED INDIVIDUALS" MORE OPTIONSThe United States Department of Justice recently sued the state of Colorado for failing to afford people with disabilities the ability to move back into their own homes, consistent with the “community integration” requirements of federal law, such as the Americans with Disabilities Act.Despite formal notification from the Justice Department, the state failed to take appropriate measures to correct what were… [read post]
8 Nov 2023, 10:00 pm
NEPHEW WAS ORDERED TO STAY AWAYAfter her nephew, A.F., punched her in the face (with a closed fist) three or four times, and fractured her jaw, L.F. filed a petition with the Nassau County Family Court and secured a “stay away order” against the guy, until March 6, 2023.On appeal, the Appellate Division, Second Department, noted that while family offenses must be supported by a “fair preponderance of the evidence,” unless the outcome is “clearly unsupported by the… [read post]
8 Nov 2023, 7:00 am
TESLA SUBJECTED BLACK EMPLOYEES TO “WIDESPREAD AND ONGOING RACIAL HARASSMENT”Tesla – the electric car manufacturer – is alleged to have violated federal law by allowing “widespread and ongoing racial harassment of its Black employees,” and retaliating against them when they objected to the mistreatment, according to a lawsuit filed by U.S. [read post]
8 Nov 2023, 4:00 am
ATTACKING THE MOM IN THE KIDS’ PRESENCE JUSTIFIED FINDINGAfter a fact-finding hearing, the Bronx County Family Court determined that Mohamed was guilty of neglect because he had attacked his kids’ mom in their presence.Apparently, the mother claims that the man “pushed and choked her while they were in the family's apartment while in the presence of the subject children. [read post]
8 Nov 2023, 1:00 am
COMPANY ALLEGEDLY USED “INACCURATE AND UNTRUTHFUL DIAGNOSIS CODES”According to a press release issued by the United States Department of Justice, the Cigna Group – which describes itself as a “global health company” – had an unhealthy way of billing Medicare.The company allegedly submitted “inaccurate and untruthful diagnosis codes,” to inflate payments it received from the government and, on September 30, 2023, agreed to pay back over $172 million.In… [read post]
7 Nov 2023, 10:00 pm
“CONCLUSORY” AFFIDAVIT WAS “INADMISSIBLE HEARSAY”In a mortgage foreclosure case, when MTGLQ Investors, L.P., sought summary judgment (pre-trial relief in its favor), the Queens County Supreme Court granted that request.On appeal, the Appellate Division, Second Department, noted that to prevail in a case of this type, a lender or servicer must “produce the mortgage, the unpaid note, and evidence of the default. [read post]
7 Nov 2023, 11:13 am
However, the Court proceedings are taking place in Manhattan, New York. [read post]
7 Nov 2023, 11:13 am
However, the Court proceedings are taking place in Manhattan, New York. [read post]
7 Nov 2023, 7:00 am
COMPANY ALLEGEDLY SUBJECTED WOMEN TO A HOSTILE WORK ENVIRONMENTThe Cleaning Authority, a company based out of eastern Wisconsin, is said to have violated federal law because it subjected women to a hostile work environment and terminated their employment when they voiced objections to the mistreatment.Apparently, the women underwent “inappropriate touching and sex-based derogatory comments. [read post]
7 Nov 2023, 4:00 am
APPELLATE COURT RAMPS IT UPAfter he fell down an unguarded ramp at a construction site, N.L., (and others), filed suit in New York County Supreme Court alleging that the conditions violated the state’s Labor Law – particularly Section 240(1) – which protects workers from elevation-related risks.In this instance because the height differential from the top of the ramp to the ground was about 20 to 25 feet, both the Supreme Court, and the Appellate Division, First Department, were of… [read post]
7 Nov 2023, 1:00 am
PAID TO DO BUSINESS AT FOREIGN REFINERIESA publicly-traded “specialty chemicals manufacturing company,” known as Albemarle Corporation, has agreed to pay more than $218 million to resolve claims by the U.S. [read post]
6 Nov 2023, 11:20 pm
If you live in the USA, we have some movie news for you.▫️Academy Award® nominee, Jim Capobianco — whose credits include The Lion King, Wall-E, Inside Out, Coco, and Mary Poppins Returns — has recently released a new stop motion puppet and 2-D hand drawn animated feature, called THE INVENTOR, which is available via all the major screening platforms starting TODAY, (November 7, 2023), exclusively in the USA.▫️In this film, we follow the exploits of the… [read post]
6 Nov 2023, 10:00 pm
SHE WASN’T A STEP AHEADAfter she fell while descending an exterior step, S.M. filed a personal-injury lawsuit against the property owner.When that defendant later moved for summary judgment (pre-trial relief in its favor), on the grounds that the condition was “open and obvious and not inherently dangerous,” the Suffolk County Supreme Court granted that request.And on appeal, the Appellate Division, Second Department, noted that while an owner must maintain its property in a… [read post]
6 Nov 2023, 4:27 pm
The NYDA announced that the seizure was linked to a criminal investigation targeting a smuggling ring that trafficked antiquities looted from Turkey through Manhattan. [read post]
6 Nov 2023, 7:00 am
TARGETED A MUSLIM EMPLOYEE DUE TO HIS RACE AND RELIGIONUFP Ranson, a lumber and building materials company out in Ranson, West Virginia, recently agreed to settle a race and religious harassment suit, which had been filed by the U.S. [read post]
