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New York StateUnified Court System

8th Judicial District

Decisions of Interest - January 2007 - April 2008


Aldridge v. Brodman

Index No. 2003-10120 (Sup. Ct. Erie Co. March 28, 2008)
Summary judgment granted as to declaratory judgment cause of action pursuant to CPLR § 3001 for failure to present a justiciable controversy. Summary judgment denied as to causes of action for unfair trade practices and tortious interference with business relationships/prospective relationships for movant’s failure to meet initial burden.

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Boyle v. Elfin Properties, LLC

Index No. 2006-9675 (Sup. Ct. Erie Co. June 18, 2007)
Summary judgment granted dismissing cause of action for breach of fiduciary duty and denied as to cause of action for breach of contract. Motion to amend to assert cause of action for fraud denied.

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Chaikovska v. Ernst & Young

Index No. 2002-1816 (Sup. Ct. Erie Co. July 13, 2007)
Motion of the United States of America for permission to intervene for the purpose of securing the release of a civil deposition transcript for use in cross-examination in a criminal trial denied.

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Compsolve, Inc. v. Neighbor

Index No. 2006-681 (Sup. Ct. Erie Co. December 19, 2007)
Following a hearing, judgment granted to plaintiff for breach of duty of loyalty, breach of contract, and enforcing a restrictive covenant.

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Contacare v. CIBA-GEIGY Corp.

Index No. 2001-668 (Sup. Ct. Erie Co. May 2, 2007)
Summary judgment granted dismissing causes of action for breach of contract, fraud as premised on representations concerning the development and marketing of a product, and fraud and deceit as premised on representations concerning use of best efforts.

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Corey v. Stillwater Holdings

Index No. 2007-4476 (Sup. Ct. Erie Co. December 12, 2007)
Motion to vacate a default judgment granted.

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Covanta Niagara, LP v. Town of Amherst Garbage and Refuse Dist. No. 1

Index No. 2007-1329 (Sup. Ct. Erie Co. June 6, 2007)
Motion to dismiss for failure to file a notice of claim pursuant to Town Law § 65 (3) granted.

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Creative Collections of New York, Inc. v. DiBlasi

Index No. 2006-12455 (Sup. Ct. Erie Co. April 24, 2007)
Following a hearing, preliminary injunction granted for unfair competition and, in part, enforcing a restrictive covenant.

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EGW Temporaries, Inc. v. RLI Insurance Co.

Index No. 2006-9010 (Sup. Ct. Erie Co. July 3, 2007)
Motion to dismiss causes of action brought pursuant to a payment bond denied.

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Flaum v. Assessor, Town of Amherst

Index No. 2007-7260 (Sup. Ct. Erie Co. April 29, 2008)
Respondents’ application in a tax certiorari proceeding to compel responses to discovery demands granted in part and denied in part.

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Friedhaber v. Town Board of the Town of Sheldon

Index No. 38491 (Sup. Ct. Wyoming Co. September 18, 2007)
Petitioners’ application in an Article 78 for a preliminary injunction and to annul the actions taken by defendants denied. Petition dismissed.

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Gouchie v. Creditors Interchange Receivable Management, LLC

Index No. 2007-8226 (Sup. Ct. Erie Co. March 28, 2008)
Motion to dismiss complaint pursuant to 3211(a)(1) and (a)(7) granted, dismissing causes of action for fraudulent inducement, breach of fiduciary duty and breach of contract/failure of consideration.

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HSBC Bank USA v. Bond Schoeneck & King, PLLC

Index No. 2005-11108 (Sup. Ct. Erie Co. June 4, 2007)
Granted in part and denied in part pre-answer motions to dismiss pursuant to CPLR 3211(a)(1), (5) and (7), involving causes of action for contribution, indemnification, malpractice and negligent misrepresentation.

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Janik Paving and Construction, Inc. v. Erie County Industrial Development Agency

Index No. 2006-1452 (Sup. Ct. Erie Co. March 3, 2008)
Following conversion of motion to dismiss, summary judgment granted dismissing engineer, and granted in part and denied in part ECIDA’s motion to dismiss causes of action for cardinal change, interference/disruption, delay damages and incidental/consequential damages.

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Niagara Street Renovation, LLC v. Ciminelli International Services, LLC

Index No. 2006-12 (Sup. Ct. Erie Co. June 1, 2007)
Following an evidentiary hearing, determined fair and reasonable market value of real property.

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Ottaviano v. GENEX Cooperative, Inc.

Index No. 1999-10365 (Sup. Ct. Erie Co. March 20, 2007)
Determined obligation to indemnify for attorneys’ fees and litigation costs.

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Scarp Property Associates, LLC v. Temple Inland, Inc.

Index No. 2005-6093 (Sup. Ct. Erie Co. February 14, 2008)
Summary judgment granted dismissing causes of action for breach of contract and unjust enrichment. Cross-motion to amend denied.

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Sheridan Development Associates, Inc. v. Assessor for the Town of Tonawanda

Index No. 2007-6777 (Sup. Ct. Erie Co. January 7, 2008)

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SRK Colvin Eggert Plaza Associates, LP v. Assessor for the Town of Tonawanda

Index No. 2007-6779 (Sup. Ct. Erie Co. January 7, 2008)
Denied motions to dismiss petition brought on the ground that petitioner willfully refused to provide information requested by the Board of Assessment Review.

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Superior Technical Resources, Inc. v. Lawson Software, Inc.

Index No. 2003-10104 (Sup. Ct. Erie Co. December 7, 2007)
Summary judgment granted on causes of action for unjust enrichment, promissory estoppel, and General Business Law § 349. Summary judgment denied on causes of action for fraud in the inducement, disclaimers of warranties and contractual limitations of damages.

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The Uniland Partnership of Delaware, LP v. Blue Cross of Western New York, Inc.

Index No. 2006-4961 (Sup. Ct. Erie Co. June 15, 2007)
Granted motion to dismiss pursuant to CPLR 3211(a)(1) and (5) on the grounds of res judicata and collateral estoppel.

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