OUTCOME: Affirmed. Alleged procedural missteps did not deny plaintiff's son right to free and appropriate public education, deprive son of educational benefits, or preclude plaintiff from participating in decisionmaking process concerning son's education.
Plaintiff appealed from a judgment of the United States District Court for the Eastern District of New York (Seybert, J.) which, inter alia, dismissed the plaintiff's freestanding IDEA and 42 U.S.C. 19...83 claims against a psychologist, and denied the plaintiff's motion for reconsideration.
Medical malpractice
Perez v. Brookdale University Hosp. & Medical Center
Nov 08, 2013
OUTCOME: The Honorable Jack B. Weinstein of the United States District Court for the Eastern District of New York granted the defendants' motions and held that the hospital's discharge did not violate EMTALA.
The estate of a deceased patient brought an action against a hospital, a managed long term care program, and others alleging violations of the Emergency Medical Treatment and Active Labor Act (EMTALA),... and state law claims. Defendants moved for summary judgment.
Appeals
25 Avenue C New Realty, LLC v. Alea North America Insurance Company
Jun 12, 2012
OUTCOME: Order modified, on the law, to the extent of denying plaintiffs' motion for summary judgment, and granting defendant Merrimack's cross motion for summary judgment, and otherwise affirmed, without costs.
Plaintiffs appealed from Order of the Supreme Court, Bronx County (Stanley Green, J.), entered August 23, 2010, which, granted plaintiffs' motion for summary judgment to the extent of declaring that de...fendant Merrimack Mutual Fire Insurance Company (Merrimack) is obligated to defend and indemnify plaintiffs in an underlying personal injury action, granted defendant Alea North America Insurance Company's cross motion for summary judgment dismissing the complaint and all cross claims against it, and denied Merrimack's cross motion for summary judgment.
Appeals
Public Administrator Bronx County, v. Montefiore Medical Center
Mar 19, 2012
OUTCOME: Affirmed.
Appeal from order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered July 25, 2011, which, in this action to recover damages arising out of defendants' alleged negligence and medical malprac...tice while decedent was a patient at their facilities, granted defendant Morningside's motion and defendant Montefiore's cross motion to change venue from Bronx County to Westchester County.
Litigation
Bektic-Marrero v. Goldberg
Mar 07, 2012
OUTCOME: So much of defendant-medical college's motion as sought to dismiss the plaintiffs' Monell claim against it was granted.
Plaintiff brought suit on behalf of her deceased husband, on her own behalf and on her son's behalf, arising out of decedent's medical treatment while he was in the custody of the Westchester County De...partment of Corrections. Defendant-medical college moved to dismiss all of the federal and state law claims against it.
Appeals
McKnight v. Middleton
Oct 05, 2011
OUTCOME: District Court's judgment affirmed.
Plaintiff appealed from the District Court's dismissal of his Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The 130–page Amended Complaint asserted 72 claims against defendant...s pursuant to, inter alia, 42 U.S.C. §§ 1981, 1982, 1983, 1985(3), 1986, and 1988, the First, Fourth, Fifth, Ninth, Thirteenth, and Fourteenth Amendments, the Parental Kidnaping Prevention Act, the Americans with Disabilities Act, the Uniform Child Custody Jurisdiction and Enforcement Act, and federal and state wiretapping law, and for unlawful interference with his rights under a custody agreement, defamation, invasion of privacy, and intentional infliction of emotional distress.
Appeals
Young v. Campbell et. al.
Aug 23, 2011
OUTCOME: Order affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs.
In an action, inter alia, to recover damages for negligence and malpractice, the plaintiff appealed from an order of the Supreme Court, Suffolk County (Jones, Jr., J.) dated April 2, 2010, which grante...d (1) that branch of the motion of the defendants Jennifer Campbell, Campbell and Santoro, P.C., and Raymond Pagiola which was pursuant to CPLR 3211(a)(7) to dismiss the first and second causes of action, (2) that branch of the separate motion of the defendant Matthew Campbell which was pursuant to CPLR 3211(a)(7) to dismiss the third and fourth causes of action insofar as asserted against him, (3) that branch of the separate motion of the defendant Emily Chapel which was pursuant to CPLR 3211(a)(7) to dismiss the third and fourth causes of action insofar as asserted against her, and (4) those branches of the separate motion of the defendants Martha Carlin, Child and Family Psychological Services, P.C., Jane Kelly, Lorna Bosak, Tara O'Hare, and Danielle Seidman which were pursuant to CPLR 3211(a)(7) to dismiss the sixth cause of action and pursuant to CPLR 3212 for summary judgment dismissing the fifth and seventh causes of action.
Appeals
Fernandez v. 707, Inc.
Jun 16, 2011
OUTCOME: Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 22, 2010, which granted defendant 707, Inc.'s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Pedestrian who allegedly was injured when he stepped into a tree well that was not level with newly rebuilt sidewalk brought action against abutting property owner and contractor that had installed the... tree well. The Supreme Court, Bronx County, Barry Salman, J., granted owner's motion for summary judgment but denied contractor's motion for summary judgment, and appeal was taken.
Education
Jenn-Ching Luo v. Baldwin Union Free School Dist.
Mar 15, 2011
OUTCOME: District Court granted defendant-psychologist's motion, dismissing all but one of the claims against him (Court subsequently disposed of co-defendant's motion and dismissed remaining claim against psychologist).
Plaintiff brought an action to redress perceived infirmities in the way defendant school district and several individual defendants addressed the educational needs of plaintiff's disabled child. Defen...dant-psychologist moved to dismiss all of the claims against him.
Civil rights
Meadows v. City of New York
Mar 11, 2011
OUTCOME: Claims against defendant-psychiatrist dismissed pursuant to Rule 12(b)(6).
Plaintiff Tana Meadows brought an action pursuant to 42 U.S.C. § 1983, the New York State Human Rights Law, the New York State Mental Hygiene Law and the common law for various deprivations of her cons...titutional rights and a series of torts allegedly committed by the defendants. Meadows's claims of illegal arrest, involuntary confinement, coerced medication, denial of notice of her rights as an involuntarily committed patient, and violation of her federal constitutional due process and equal protection rights stemmed primarily from her civil arrest and involuntary commitment on October 23 and 24, 2008, and her continued commitment through November 6, 2008. Meadows also challenged the constitutionality of § 9.39 and other applicable provisions of the New York State Mental Hygiene Law. Defendant-psychiatrist moved to dismiss the complaint.
