Avis’s car rental agreement provided that the renter would be charged the non-discounted rate for E-Z Pass toll usage. In its provisions dealing with rental charges, Avis made no mention of an additional $2.50 fee, assessed daily, for the renter’s E-Z Pass use. When Avis demanded that the renter pay…
A group of investors sued the Security and Exchanges Commission for failing to supervise Madoff and investigate complaints it received before the Madoff scandal unfolded. Despite finding that the SEC had dropped the ball, both before and during the investigation, the Second Circuit found the SEC, as an arm of…
After writing about the “haunted house” case recently, I came across another case that addressed the same concepts, and also in an unusual setting. The haunted house court had decided that because the buyer could not have anticipated that the house under contract was haunted, and was therefore not expected…
I found this case while researching a potential litigation. While it is not a new decision, it presents a rather unusual set of facts. A property buyer is charged with acting diligently in inspecting a property that is being considered for purchase. Because a property is purchased “as is,” a…
A recent decision by Senior Judge Jack B. Weinstein in United States of America v. DiCristina dismissed claims against the defendant because the gambling complained of did not violate the Illegal Gambling Business Act. Read some important highlights here For a discussion about permitted sweepstakes vs. illegal gambling, have a…
I don’t usually comment on these issues, but a recent article at Findlaw raises red flags. It seems that your smartphone address book and emails may be accessible to others, with no notice to you. Read more here.
Gregory Miglino, Sr., passed out at a gym one morning. While 911 was summoned, a gym employee that had been trained on an automated external defibrillator (“AED”) went to assist Miglino. For some reason, perhaps because a doctor and medical student were on the scene, the employee did not attempt…
Queens co-op owner installed an air conditioner in his unit, for use by his parents who resided there. The Co-op Board demanded that the air conditioner be removed as it extended through the wall of the building, in violation of the unit’s lease. In response to the Board’s threat to…
With the proliferation of websites that aggregate news and promise instant information, it is to be expected that one site or service will end up stepping on the toes of another. Investment advice in today’s fast-moving markets is the setting for the most recent dustup. Before discussing the particulars of…
The owner of a parked 2000 Ford GT, described as “a rare collector’s sports car rapidly appreciating in value” sued a drunk driver that wrecked it. The trial judge refused to allow an award based on the depreciation of the car, some $50,000, only the actual damage incurred in its…