FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 03/26/09

CIVIL PROCEDURE, COMMUNICATIONS LAW, CONTRACTS, INJURY AND TORT LAW

IDT Corp. v. Morgan Stanley Dean Witter & Co., No. 27
In an action for tortious interference with contract, the trial court’s order denying Defendant’s motion to dismiss the complaint is reversed, where Plaintiff’s claims were barred by the statute of limitations, with the exception of Plaintiff’s unjust enrichment claim, which was precluded by the parties’ written agreement.

CONTRACTS

Israel v. Chabra, No. 26
In response to a certified question from a federal court of appeals, the New York Court of Appeals held that, where the second of two conflicting provisions in a guaranty requires that any modification be in writing, N.Y. Gen’l. Obligations Law 15-301(1) does not alter the common-law rules of interpretation for determining which provision controls.
CRIMINAL LAW & PROCEDURE

People v. Bauman, No. 38
The dismissal of an indictment for depraved indifference assault is affirmed, where one count of the indictment charged eleven acts over an eight-month period and thus violated N.Y. Crim. Proc. Law 200.30(1)’s requirement that each count of an indictment charge only one offense.

EDUCATION LAW, ELECTIONS, INJURY AND TORT LAW

Shulman v. Hunderfund, No. 28
In a libel action by a public figure, the dismissal of the complaint is affirmed, where the record did not clearly and convincingly show that the statements in question were made with actual malice, because there was no showing that Defendant knew the statements to be false.

INJURY AND TORT LAW

Doe v. Roman Catholic Diocese of Rochester, No. 33
In a breach of fiduciary duty action based on sexual relations between a priest and parishioner, the complaint is ordered to be dismissed, where the bare allegation that Plaintiff was a “vulnerable congregant” was insufficient to establish that Plaintiff was particularly susceptible to Defendant priest’s influence.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s