In this family case, the husband wishes to preserve his priority in time, perhaps for commencement date purposes under equitable distribution and the cause of action he has asserted, and that right should not be denied. Similarly, the wife wishes to proceed on her cause of action, either in…
Articles Posted in Nassau County
Petitioner Asserts Right to Counsel via Legal Aid
The basis of this application, made by the Legal Aid Society of Nassau County and the attorney in charge of the Legal Aid Society of Nassau County, is the refusal by the Judge of the District Court of Nassau County, to permit the petitioner to continue to represent defendant…
Petition Brings Case Requesting Relief Pursuant to Real Property Laws
This is a hybrid proceeding and action for damages by the petitioner as general partner of a Family Limited Partnership “the petitioner” for stated relief pursuant to Real Property Tax Law Article 7 and/or a writ of mandamus pursuant to CPLR Article 78 compelling the respondent Nassau County Board…
Court Considers Summary Judgment Where There is No Issue of Material Fact
This motion arises out of an underlying personal injury action, filed in this Court in June 2009, wherein the plaintiff alleged violations under Labor Law §§240 and 241. Plaintiff fell from a ladder while performing construction work on the improved real property owned by defendants. Plaintiff is alleging that…
Court Decides How Domicile of Claimant Effects Case
In this probate proceeding objections were filed and a jury demanded by respondents. A motion is now made by them to dismiss the petition before any trial on the merits upon the ground that the decedent was not a (domiciliary) resident of Nassau County at her death on February…
Plaintiff Seeks Reimbursement for Cost of Tuition for Foster Child
Plaintiff seeks reimbursement for the cost of tuition for a foster child, pursuant to Education Law section 3202(5)(a) which provides for the distribution of the cost of educating indigent children among the school districts of this state. This child’s mother, was confined to the Bedford Hills Correctional Facility at…
Nonparty Witness Moves for an Order to Quash Subpoena Duces Tecum
The nonparty witness moves for an order pursuant to CPLR 2304 quashing the subpoena duces tecum served upon him, and for a protective order pursuant to CPLR 3103 blocking the taking of his deposition in this action, and further blocking the disclosure of investigative reports, notes, and materials, and…
Defendants Seek Summary Judgment Pursuant to CPLR 3212
In this family case, the plaintiff in this action seeks to recover damages for medical malpractice and lack of informed consent. She underwent gastric bypass surgery at a hospital by the defendant doctor on July 23, 2008 and she was discharged on July 28, 2008. On the morning of…
Petitioner Contends Several Flaws with Court Trial
The plaintiff is an experienced police informant, met the defendant towards the end of December, 1997 when they were both incarcerated at the Nassau County Jail. At the time that they met, the police informant was charged with the felony of scheme to defraud in the first degree and…
Plaintiff Seeks Summary Judgment
Plaintiff, County of Nassau, seeks summary judgment on a complaint against the defendant property owners, claiming that they owe a $500.00 civil penalty. The complaint proceeds on the premise that defendants were fined $500.00 by the Board of Assessors for failing to timely file an “Annual Survey of Income…