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…
Articles Posted in Divorce
Court Discusses Petition for Tax Exemption
The Plaintiff, claims that it is entitled to a real property tax exemption pursuant to Real Property Tax Law [“R.P.T.L.”] §§ 420(a),(b)1 and 4622 for the years 2004 and 2005 for its property located at 32 College Road, Monsey, New York within the Town of Ramapo. The trial of…
Court Discusses Mother’s Liability for Counsel Fees
On May 19, 1969, the defendant and his former wife entered into a separation agreement which provided for the support of the parties’ children. By Mexican decree dated May 31, 1969, the defendant and his former wife were divorced. Said decree incorporated the aforementioned separation agreement. On January 21, 1977,…
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…
Court Discusses Entitled of a Judgment According to Law
This is an action to recover damages for medical malpractice. The plaintiffs allege that the defendant a plastic surgeon, failed to timely diagnose plaintiff’s breast cancer. More specifically, plaintiffs allege in their Bill of Particulars that the defendants failed to appreciate the signs and symptoms of breast cancer, including the…
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…
Court Discusses “Operation Midway” Program
On the face of it, these are merely two motions by the District Attorney for orders restoring two cases to the Trial Calendar and precluding them from admission to the Operation Midway Program. However, the broader thrust of these applications is the claim by the District Attorney that before…
Plaintiffs Move for a Preliminary Injunction
The plaintiff, a builder, purchased a certain piece of property at New York in February 1996. Prior to purchasing the property he ascertained that the property was located in a Residence C zone which requires a minimum lot area of 10,000 square feet. He intended to subdivide the 21,383…
Issue in this Case Deals with Whether Plaintiff Can Pursue a Tax Certiorari Proceeding
The petitioner, an owner of a parcel of real property improved by a one-family dwelling in the Village of Atlantic Beach, commenced this proceeding pursuant to Real Property Tax Law article 7 against the village, its Board of Assessors and its Board of Assessment Review seeking, inter alia, review…
Court Discusses Grand Jury Investigation Into the Sale of Children
On December 7, 1976, a New York County Grand Jury, pursuant to its investigation into the sale of babies in violation of Social Services Law, Section 374(6), 1 issued two subpoenas duces tecum. One subpoena directed the Clerk of the Family Court of Suffolk County to appear before the…