Cases

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), entered October 16, 2014, which granted the defendant’s motion for summary judgment dismissing the cause of action alleging breach of contract. Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for su

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

OPINION OF THE COURT Sgroi, J. On this appeal we consider whether General Business Law § 627-a, which mandates that certain health clubs in the State of New York provide an automated external defibrillator device, as well as a person trained in its use, also imposes an affirmative duty of care upon the facility so as to give rise to a cognizable statutory cause of action in negligence for failure to use the

OPINION OF THE COURT Read, J. On March 26, 2007, plaintiff Gregory C. Miglino, Jr.’s father, Gregory C. Miglino, Sr. (Miglino or decedent), collapsed while near the racquetball courts at a health club owned and operated by Bally Total Fitness of Greater New York, Inc. (Bally). Kenneth LaGrega, employed by Bally as a personal trainer, was standing at the club’s front desk with the receptionist when he learned

402 B.R. 616 (2009) In re BALLY TOTAL FITNESS OF GREATER NEW YORK, INC., et al., Debtors. No. 08-14818(BRL). United States Bankruptcy Court, S.D. New York. April 7, 2009. *618 Vandenberg & Feliu LLP, New York, NY, by Mark B. Brenner, for Carrera Class Claimants. Scott Cole & Associates, APC, Oakland, CA, by Matthew R. Bain

411 B.R. 142 (2009) In re BALLY TOTAL FITNESS OF GREATER NEW YORK, INC., et al., Debtors. Carrera Plaintiffs, Plaintiffs-Appellants, v. Bally Total Fitness of Greater New York, et al., Defendants-Appellees. No. 09 Civ. 4250(JSR). United States District Court, S.D. New York. August 7, 2009. *144 Craig Nathan Dee, Cullen and Dy

MEMORANDUM OPINION AND ORDER ON MOTIONS TO DISMISS JOHN R. TUNHEIM, Chief Judge United States District Court Plaintiffs Matthew Lusk and St. Clair County Employees’ Retirement System (“St. Clair”) (collectively “Plaintiffs”) are former shareholders of defendant Life Time Fitness, Inc. (“Life Time”). This litigation relates to the purchase of Life Time by defendants Leonard Green & Partners L.P. (“LG

MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. BHC Development, L.C. and BHCMC, L.L.C. bring suit against Bally Gaming, Inc. for breach of contract (Count I), negligent misrepresentation (Count II), fraudulent inducement (Count III), breach of express warranty (Count IV) and breach of warranty of merchantability (Count V). All claims arise from plaintiffs’ purchase of casino managem

OPINION OF THE COURT Lucy Billings, J. Defendant moves to dismiss the complaint based on documentary evidence and failure to state a claim. (CPLR 3211 [a] [1], [7].) Plaintiff claims defendant violated her rights, as a resident of defendant’s housing, to opportunities for employment by defendant or its contractors under 12 USC § 1701u because defendant informed its Office of Resident Economic Empowerment a

Sucre v Consolidated Edison Co. of N.Y., Inc. (2020 NY Slip Op 03377) Sucre v Consolidated Edison Co. of N.Y., Inc. 2020 NY Slip Op 03377 Decided on June 17, 2020 Appellate Division, Second Department Published by New Y

EnergyMark, LLC v New Wave Energy Corp. (2020 NY Slip Op 04648) EnergyMark, LLC v New Wave Energy Corp. 2020 NY Slip Op 04648 Decided on August 20, 2020 Appellate Division, Fourth Department Published by New York State

752 A.2d 631 (2000) 132 Md. App. 271 Gerilynne SEIGNEUR et vir. v. NATIONAL FITNESS INSTITUTE, INC. No. 6136, Sept. Term, 1998. Court of Special Appeals of Maryland. May 31, 2000. *633 David L. Rubino (Amy Leete Leone, Paul H. Ethridge and McCarthy, Wilson & Ethridge, on the brief), Rockville, for Appe

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 30, 2014, which granted defendant Dow Jones & Company, Inc.’s motion to dismiss the complaint, and denied, as moot, plaintiffs’ cross motion to consolidate the three actions, unanimously reversed, on the law, without costs, the motion denied, and the cross motion granted. In the circumstances presented, the court imp

MEMORANDUM DECISION DENYING MOTION BY VIVINT SOLAR, INC. FOR RELIEF FROM THE AUTOMATIC STAY STUART M. BERNSTEIN, United States Bankruptcy Judge: Claimant Vivint Solar, Inc. (“Vivint”) seeks relief from the automatic stay to liquidate its prepetition claims against two Debtors arising from an unconsummated merger transaction in the Delaware Chancery Court. The Debtors oppose the motion, and for the reasons th

Brown v University of Rochester (2024 NY Slip Op 01134) Brown v University of Rochester 2024 NY Slip Op 01134 Decided on February 29, 2024 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Jud

OPINION OF THE COURT Lucy Billings, J. I, Procedural and Factual Background Plaintiffs sue defendant Ventura Insurance Brokerage, Inc. for the unrecovered value of a lost diamond ring due to defendants’ (1) negligent procurement of insurance, (2) negligent misrepresentation, and (3) breach of a contract. The crux of plaintiffs’ claims is defendant’s failure to exercise reasonable dilig

Carr v Wegmans Food Mkts., Inc. (2020 NY Slip Op 02141) Carr v Wegmans Food Mkts., Inc. 2020 NY Slip Op 02141 Decided on April 2, 2020 Appellate Division, Third Department Published by New York State Law Reporting Burea

Arthur, J. “An automated external defibrillator (AED) is a portable device that checks the heart rhythm and can send an electric shock to the heart to try to restore a normal rhythm.” What is an Automated External Defibrillator?, National Heart, Lung, and Blood Institute, https://www.nhlbi.nih.gov/health/health-top

Matter of Dunsmoor (2023 NY Slip Op 05573) Matter of Dunsmoor 2023 NY Slip Op 05573 Decided on November 2, 2023 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

441 B.R. 239 (2011) In re BLOCKBUSTER INC., et al., Debtors. No. 10-14997 (BRL). United States Bankruptcy Court, S.D. New York. January 20, 2011. Jenner & Block LLP, By: Heather D. McArn, New York, NY, for Marc Cohen, Marc Perper and Uwe Stueckrad, on behalf *240 of themselves, all others similarly situated and the general public, pl