Vol. 31 - No. 19 Page 2
Supreme Court, Erie County granted petitioner's application to extinguish respondent New York State Insurance Fund's Workers' Compensation Law § 29 lien; App. Div. modified the judgment by denying those parts of the petition seeking to extinguish the lien against proceeds that petitioner obtained in a third-party action and seeking to recover from respondent Insurance Fund its share of litigation costs related to future medical payments, affirmed the judgment as so modified, and remitted to Supreme Court for further proceedings in accordance with the court's memorandum.
DOMBROWSKI v BULSON: 4TH Dept. App. Div. order of 12/30/10; modification; leave to appeal granted by App. Div., 4/29/11; ATTORNEY AND CLIENT - MALPRACTICE - WRONGFUL CRIMINAL CONVICTION
AVAILABILITY OF NONPECUNIARY DAMAGES FOR PLAINTIFF'S LOSS OF
LIBERTY; Supreme Court, Allegany County granted defendant's motion for summary judgment dismissing a complaint alleging legal malpractice, and denied plaintiff's cross motion for summary judgment; App. Div. modified by denying the motion in part and reinstating the complaint only insofar as it seeks damages for nonpecuniary loss, and affirmed the order as so modified.
HAHN AUTOMOTIVE WAREHOUSE, INC. v AMERICAN ZURICH INSURANCE COMPANY et al.: 4TH Dept. App. Div. order of 2/10/11; modification; leave to appeal granted by App. Div., 4/29/11; CONTRACTS - BREACH OF CONTRACT - ACTION BY INSURED SEEKING DETERMINATION THAT ANY CLAIMS BY INSURERS FOR PAYMENTS PURSUANT TO SEVERAL INSURANCE CONTRACTS WERE TIME-BARRED - COUNTERCLAIM BY INSURERS SEEKING DETERMINATION THAT INSURERS WERE ENTITLED TO SATISFY ANY PART OF INSURED'S OUTSTANDING DEBT FROM PREVIOUSLY ISSUED LETTER OF CREDIT - CONSTRUCTION OF CONTRACT TERMS; SUMMARY JUDGMENT; STATUTE OF LIMITATIONS; Monroe County Court, among other things, granted plaintiff's cross motion for partial summary judgment and denied those parts of defendants' motion seeking summary judgment dismissing the second through fourth causes of action against them; App. Div. modified by granting those parts of defendants' motion seeking summary judgment dismissing the second through fourth causes of action, and affirmed the order as so modified.
WOLFE v KELLY: 3/18/11 Administrative Determination, bringing up for review prior nonfinal 1ST Dept. App. Div. order of 12/2/10; sua sponte examination whether a substantial constitutional question was directly involved in the prior nonfinal App. Div. order so as to support an appeal pursuant to CPLR 5601(d);