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PRESIDING JUSTICE:
Hon. John M. Curran
Biography
Parts & Chambers
DECISIONS OF INTEREST:
Jan '07 - Apr '08
May '08 - Jan '09
Mar '09 - Present
OPERATIONAL INFO:
 Part Rules
Commercial Division Certification Form
E-Filing
Tax Certiorari Standing Order #1
Uniform Standards for Assignment of Cases & Rules of Practice (22 NYCRR 202.70)
Frequently Asked Questions
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Iannello v. New York State Unified Court System/Office of Court Administration
Index No. 2008-8994 (Sup. Ct. Erie Co. March 4, 2009)
Motion to dismiss complaint granted, dismissing causes of action for declaratory judgment and recovery of back wages and costs, since the only cause of action properly before the Court was barred by the doctrine of res judicata and the remaining causes of action could be asserted only in the Court of Claims.
Legacy Health Care v. Commissioner of Assessment and Taxation of the City of Buffalo and The Board of Assessment Review of the City of Buffalo
Index No. 2008-3317 (Sup. Ct. Erie Co. March 6, 2009)
Motion to dismiss tax certification petition denied, as the RPTL § 1573 reassessment performed by respondent constituted an exception under RPTL § 727 sufficient to lift the moratorium of RPTL § 727.
M&T Bank Corp. v. Gemstone CDO VII, LTD., et al.
Index No. 2008-7064 (Sup. Ct. Erie Co. April 7, 2009)
Pre-answer motions to dismiss granted in part and denied in part where plaintiff seeks recovery of more than $82 million of losses allegedly suffered through the “fraud and other wrongful conduct” of the defendants arising out of the purchase of two promissory notes which were part of a derivative security known as a “collateralized debt obligation” (“CDO”). The Complaint contains causes of action against multiple defendants for common law fraud, aiding and abetting common law fraud, negligent misrepresentation, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, violations of general business law §§ 349 and 350, rescission of contract (on the theories of fraud, mistake and/or illegality), and unjust enrichment.
Roswell Park Cancer Institute Corp. v. Sodexho America, LLC, et al.
Index No. 2007e-2862 (Sup. Ct. Erie Co. March 11, 2009)
Following an in camera review of documents identified by defendants as privileged, request for production granted in part and denied in part based upon assertion of the attorney work product privilege, the attorney-client privilege and/or the “materials prepared in anticipation of litigation” privilege.
SPS Temporaries, Inc. v. Washington Mutual Bank, et al.
Index No. 2007-8712 (Sup. Ct. Erie Co. April 7, 2009)
Motions to dismiss granted in part insofar as Plaintiff asserted causes of action for conversion based upon checks deposited more than three (3) years prior to the commencement of the action, but otherwise denied as to claims for money had and received, conversion, and pursuant to
UCC § 3-419 (1).
Zazynski v. Empire State Financial Group, LLC, et al.
Index No. 2008-520 (Sup. Ct. Erie Co. March 6, 2009)
Defendant Falkowitz’s motion to dismiss causes of action for scheme to defraud/fraudulent inducement, fraud and/or misrepresentation, breach of contract, and breach of fiduciary duty granted based upon expiration of the statute of limitations. |
