Plaintiff purchased a used car from a dealer. At the time of purchase, the car was already in need of servicing, and in the week that followed, additional problems arose. Plaintiff took the car to a local repair shop, which informed plaintiff that the car had many problems and was…
Defendant was stopped by store security and charged with larceny after putting a number of items in her bag and then going to a different floor in the store without first paying for those items. Defendant argued, among other things, that there was no indication that she had any intent…
Plaintiff claims she fell in a pothole upon exiting a City bus. The City claims that the bus driver could not discharge the passenger at the bus stop because two cars were parked in the bus stop. In response to plaintiff’s lawsuit, the City sued the owners of the illegally…
City contractors cut Bloomingdales’ drainage pipe thinking it was a dead line and installed a cement-encased conduit. After flooding in its basement, Bloomingdales commenced an action against the City and its contractor. Although actions against the City must be commenced within one year and ninety days, the Court of Appeals…
Lawyer sought the dismissal of malpractice claims in connections with lawyer’s representation of client in purchasing a condominium which had a desirable view. The purchase was based largely on that view. Plaintiff claimed that because her lawyer represented the seller of an adjoining property and knew that the buyer of…
Plaintiffs sought a court order finding that the action of the Mayor and City Council in extending their term limits violated the law because they used their positions to garner for themselves a personal advantage. After considering that the City’s Conflict of Interest Board found no conflict in the Members’…
Bank sought the appointment of a referee. Home owner did not appear to oppose the bank’s motion. The court noted that the bank was not the lender but was assigned the mortgage by the lender. The assignment was dated after the foreclosure action was commenced but made effective as of…
A court recent denied a moviegoer damages for injuries suffered when he ate an unpopped popcorn kernel. The court held that because there is no such thing as a perfectly popped bag of popcorn, without any unpopped kernels, the moviegoer assumed the risk of such unpopped kernels when he purchased…
A business that deals with tangible goods can lock its doors at night to prevent the theft of its business property. But what if a business deals with ideas, secrets and proprietary information that cannot simply be locked up to prevent their theft? What if there are other people, such…
Plaintiff commenced an action to recover on a mortgage note. The parties conceded that the property’s foreclosure left a balance due. Plaintiff now sought to recover the balance between the loan amount and the amount recouped by the foreclosure sale. Because the action came five years after the foreclosure sale,…