CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW
In the Matter of Feola v. Carroll, No. 83
When a police officer is convicted of a misdemeanor with elements which constitute willful deceit, calculated disregard for honest dealings, intentional dishonesty or corruption of purpose, an oath of office violation has occurred and the position becomes vacant without the need for a due process disciplinary hearing. Further, a conviction for endangering the welfare of a child under Penal Law section 260.10(1) conclusively establishes a lack of moral integrity.
CONTRACTS, JUDGMENT ENFORCEMENT, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE
Cox v. NAP Constr. Co., Inc., No. 84, 85
When a contractor has promised to pay its workers the prevailing wages required by the United States Housing Act, the workers may sue under state law to enforce the promise.
ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PER CURIAM, SANCTIONS
In the Matter of Honorable Robert M. Restaino, No. 82
A judge is sanctioned and removed from office based on his actions when, after a device rang in his courtroom and its owner could not be determined, he arbitrarily revoked or denied the recognizance release status of 46 individuals present in his courtroom. Despite the judge's proffered psychological evidence of suffering from an anxious state of mind due to a strained marriage and recognizable prior service record, the public confidence which had been lost was irreparable.
INJURY AND TORT LAW, SPORTS LAW
Roberts v. Boys and Girls Republic, Inc., No. No. 134 SSM 11
Dismissal of plaintiff's complaint for injuries sustained when a baseball player in an off-field on-deck batting circle struck her with a bat is affirmed where plaintiff assumed the risk of her injuries, as she concededly observed batting equipment and players swinging bats in the area which the accident occurred.
INJURY AND TORT LAW, TRANSPORTATION
Jones v. Bill , No. 89
For the purposes of the federal Graves Amendment, an action commences on the date of the initial filing of the summons and complaint.
INSURANCE LAW
Fair Price Med. Supply Corp. v. Travelers Indem. Co., No. 105
While an insurer is entitled to contest a claimant's claim as fraudulent, it is required to do so within the rules of the "no-fault system" which impose tight deadlines.