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New York StateUnified Court System

8th Judicial District


Decisions of Interest - May 2008 - January 2009


Billlings v. Bridgepoint Partners, LLC, 21 Misc. 3d 535

Index No. 2007-7898 (Sup. Ct. Erie Co. September 19, 2008)
Motion to dismiss derivative causes of action granted. Following the analysis of Tzolis, since petitioner was not a member of the LLC at the time of commencement of the action, he did not have standing to pursue derivative claims.

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Brian M. Cavanaugh v. Canisius College

Index No. 4495/07 (Sup. Ct. Erie Co. December 1, 2008)
Motion to compel granted in part and denied in part based upon assertion of the attorney-client privilege following an in camera review.

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Dick Road-Blend All v. Cipolla, et al.

Index No. 4236/08 (Sup. Ct. Erie Co. May 30, 2008)
Motion for injunctive relief based upon violation of a contractual agreement granted following a hearing.

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Dick Road-Blend All v. Cipolla, et al.

Index No. 4236/08 (Sup. Ct. Erie Co. January 26, 2009)
Motion for contempt based upon violation of an injunction order conditionally granted following a hearing.

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Micro Link v. Town of Amherst

Index No. 2007-7983 (Sup. Ct. Erie Co. September 10, 2008)
Motion to dismiss pursuant to Town Law § 65(3) granted, in part, for failure to timely file notices of claim.

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Paul Rosa, Inc. v. Valley Forge Insurance Company

Index No. 5425/07 (Sup. Ct. Erie Co. January 26, 2009)
Motion for summary judgment granted in part as to liability for loss of business income and extra expense under a “Civil Authority” provision of a commercial insurance policy for store closings during the October 2006 storm.

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Pino Alto Partners v. Erie County Water Authority, 21 Misc. 3d 1114A

Index No. 2006-11957 (Sup. Ct. Erie Co. October 15, 2008)
Motion for class certification granted in part.

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Rice v. Miller, 21 Misc. 3d 573

Index No. 2007-1668 (Sup. Ct. Erie Co. August 28, 2008)
Motion seeking to compel turnover of patents granted upon condition that no interest in the patents shall be sold, transferred, used as collateral or otherwise disposed of absent further order of the Court.

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Scheuller v. The Crosby Company

Index No. 2005-10228 (Sup. Ct. Erie Co. September 17, 2008)
Summary judgment granted dismissing causes of action for breach of contract (sales representative agreement) based upon termination of the agreement and rejecting theories of promissory estoppel, equitable estoppel and waiver to extend the expired agreement.

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VITEC Solutions, LLC v. IKON Office Solutions, Inc.

Index No. 2005-8005 (Sup. Ct. Erie Co. November 24, 2008)
Partial summary judgment denied on breach of contract and fraudulent inducement causes of action in connection with the sale of a business.

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