Cases and Practice Areas
Antitrust:
Fairdale Farms v. Yankee Milk and RCMA, 635 F.2d 1037 (2d Cir. 1980) (Defended common bargaining agency against monopolization claim by milk processor; established principle that, with intent to monopolize market, agricultural cooperatives may form common marketing agency whose sole function is to establish price for product. Summary judgment for defendants.)
Farmland Dairies v. RCMA and New York Farm Bureau, 1996-1 Trade Cas. ¶ 71,423, 1996 U.S. Dist. Lexis 5235 (N.D.N.Y. 1996)(Defended farm lobbying organization against claim by milk processor that it unlawfully conspired with common bargaining agency to fix prices and monopolize market. Case settled.)
Bankruptcy
In re Lobel, BK No. 02-17312 (N.D.N.Y. June 2, 2003)(Stay in bankruptcy did not apply to equitable relief granted in state court.)
Contracts
Barrow v. Lawrence United Corp., 146 AD2d 15 (3d Dep't 1989)(partial summary judgment for seller of insurance agency reversed), 155 AD2d 806 (3d Dep’t 1989) (partial summary judgment for seller of insurance agency reversed), appeal after remand, 232 AD2d 936, (3d Dep't 1996), app. denied, 89 NY2d 810 (1997)(Judgment for $625,000 in favor of seller of insurance agency against purchaser upheld on appeal.)
Moses-Ludington Hospital, Inc. v. Mohammed Ashruff, 246 AD2d 743, (3d Dep't 1998)(Judgment of $178,886 in favor of buyer of software package against vendor upheld on appeal.)
Vermont Teddy Bear Company v. Tyco Industries, Inc., 80 F. Supp. 2d 36 (N.D.N.Y. 2000)(Successfully defended motion for summary judgment under royalty contract.)
Discrimination
Maki v. Commissioner of Education, 568 F. Supp. 252 (N.D.N.Y. 1983)(Successfully defended school district against age discrimination claim by discharged bus driver.)
Employment
Albany Medical College v. Lobel, 296 AD2d 701 (3d Dep't 2002)(Successfully obtained preliminary injunction against physician who was violating a restrictive covenant in an employment contract.)
Bourke v. Albany Medical Center, 145 AD2d 868 (3d Dep't 1988)(Successfully defended medical center against various claims by employee.)
Cooper v. New York State Teachers Retirement System, 130 Misc2d 512 (Sup. Ct., Albany Co. 1985)(Successfully defended claim by teacher for retirement system credits.)
Environmental
Auclaire v. Metz, ___Misc2d___, ___NYS2d___ (Sup. Ct. Albany Co. January 22, 1998)(Partial summary judgment for Waste Management dismissing claims of groundwater contamination and environmental damage.)
Matter of Seymour v. DEC, 184 AD2d 101 (3d Dep't 1992) (Court upholds County's solid waste plan and landfill siting plan)
Niagara Mohawk Power Corp. v. Conrail, 97 F. Supp 2d 454 (N.D.N.Y. 2000)(Preliminary motions in complex coal gas contamination case)
Estates
Matter of Hummel, 9 Misc3d 996 (Sup. Ct., Albany Co. 2005), aff'd, 30 AD3d 802 (3d Dep't 2006), app. den., 7 NY3d 713 (2006), later proceeding, 20 Misc3d 879 (Sup. Ct., Albany Co. 2008) (Under cy pres doctrine, bequest goes to hospital, not church; Not for Profit Corporation law that would have required different result is not applicable)
Insurance:
Albany Medical Center v. Preferred Life Ins. Co. of N.Y., 19 Misc3d 209 (Sup. Ct., Albany Co. 2008)(Contractual limitation barred claim on stop-loss policy.)
Riley v. LINA, 159 AD2d 869 (3d Dep't 1990), aff'd on op. below, 78 NY2d 947 (1991)(Successfully contended that policy advertisement did not mislead dentist concerning long-term disability benefits.)
Strassberg v. Connecticut General Life. Ins. Co., 182 AD2d 1055, 583 NYS2d 48 (3d Dep't 1992)(Despite contentions of insurer, insured's physician entitled to decide what is medically necessary.)
McLaney v. Utility Equipment Leasing Corp., 560 F. Supp 1265 (N.D.N.Y. 1983)(Successfully contended that an insurance policy that excluded leased vehicles nonetheless covered a leased crane.)
Media law:
Glens Falls Newspapers v. Berke, 206 AD2d 668 (3d Dep't 1994)(Newspaper wrongfully excluded from criminal proceeding is entitled to transcript.)
Glens Falls Newspapers v. Solid Waste and Recycling Committee, 195 AD2d 891 (3d Dep't 1993)(Newspaper wrongfully excluded from committee meeting is entitled to obtain minutes.)
Matter of Lockheed Martin v. New York State Department of Family Assistance, 256 AD2d 847 (3d Dep't 1998)(Corporation's request for exemption from FOIL denied)
Personal injury:
Matter of Wyche, 83 AD2d 223 (3d Dep't), aff'd on op. below, 56 NY2d 748 (1982)(Action by injured passenger against cab company dismissed for lack of jurisdiction in Albany County)
Professional Medical Conduct:
I have experience in dealing with the New York State Office of Professional Medical Conduct. No reported court cases have resulted from this experience, and for obvious reasons, names are not disclosed.
Schools:
Beilis v. Albany Medical College, 136 AD2d 42 (3d Dep't 1988)(Successfully defended school's discipline of student for cheating.)
Chusid v. Albany Medical College, 157 AD2d 1019 (3d Dep't 1990)(Successfully defended school's expulsion of medical student at end of last semester for academic inadequacy.)
Fairdale Farms v. Yankee Milk and RCMA, 635 F.2d 1037 (2d Cir. 1980) (Defended common bargaining agency against monopolization claim by milk processor; established principle that, with intent to monopolize market, agricultural cooperatives may form common marketing agency whose sole function is to establish price for product. Summary judgment for defendants.)
Farmland Dairies v. RCMA and New York Farm Bureau, 1996-1 Trade Cas. ¶ 71,423, 1996 U.S. Dist. Lexis 5235 (N.D.N.Y. 1996)(Defended farm lobbying organization against claim by milk processor that it unlawfully conspired with common bargaining agency to fix prices and monopolize market. Case settled.)
Bankruptcy
In re Lobel, BK No. 02-17312 (N.D.N.Y. June 2, 2003)(Stay in bankruptcy did not apply to equitable relief granted in state court.)
Contracts
Barrow v. Lawrence United Corp., 146 AD2d 15 (3d Dep't 1989)(partial summary judgment for seller of insurance agency reversed), 155 AD2d 806 (3d Dep’t 1989) (partial summary judgment for seller of insurance agency reversed), appeal after remand, 232 AD2d 936, (3d Dep't 1996), app. denied, 89 NY2d 810 (1997)(Judgment for $625,000 in favor of seller of insurance agency against purchaser upheld on appeal.)
Moses-Ludington Hospital, Inc. v. Mohammed Ashruff, 246 AD2d 743, (3d Dep't 1998)(Judgment of $178,886 in favor of buyer of software package against vendor upheld on appeal.)
Vermont Teddy Bear Company v. Tyco Industries, Inc., 80 F. Supp. 2d 36 (N.D.N.Y. 2000)(Successfully defended motion for summary judgment under royalty contract.)
Discrimination
Maki v. Commissioner of Education, 568 F. Supp. 252 (N.D.N.Y. 1983)(Successfully defended school district against age discrimination claim by discharged bus driver.)
Employment
Albany Medical College v. Lobel, 296 AD2d 701 (3d Dep't 2002)(Successfully obtained preliminary injunction against physician who was violating a restrictive covenant in an employment contract.)
Bourke v. Albany Medical Center, 145 AD2d 868 (3d Dep't 1988)(Successfully defended medical center against various claims by employee.)
Cooper v. New York State Teachers Retirement System, 130 Misc2d 512 (Sup. Ct., Albany Co. 1985)(Successfully defended claim by teacher for retirement system credits.)
Environmental
Auclaire v. Metz, ___Misc2d___, ___NYS2d___ (Sup. Ct. Albany Co. January 22, 1998)(Partial summary judgment for Waste Management dismissing claims of groundwater contamination and environmental damage.)
Matter of Seymour v. DEC, 184 AD2d 101 (3d Dep't 1992) (Court upholds County's solid waste plan and landfill siting plan)
Niagara Mohawk Power Corp. v. Conrail, 97 F. Supp 2d 454 (N.D.N.Y. 2000)(Preliminary motions in complex coal gas contamination case)
Estates
Matter of Hummel, 9 Misc3d 996 (Sup. Ct., Albany Co. 2005), aff'd, 30 AD3d 802 (3d Dep't 2006), app. den., 7 NY3d 713 (2006), later proceeding, 20 Misc3d 879 (Sup. Ct., Albany Co. 2008) (Under cy pres doctrine, bequest goes to hospital, not church; Not for Profit Corporation law that would have required different result is not applicable)
Insurance:
Albany Medical Center v. Preferred Life Ins. Co. of N.Y., 19 Misc3d 209 (Sup. Ct., Albany Co. 2008)(Contractual limitation barred claim on stop-loss policy.)
Riley v. LINA, 159 AD2d 869 (3d Dep't 1990), aff'd on op. below, 78 NY2d 947 (1991)(Successfully contended that policy advertisement did not mislead dentist concerning long-term disability benefits.)
Strassberg v. Connecticut General Life. Ins. Co., 182 AD2d 1055, 583 NYS2d 48 (3d Dep't 1992)(Despite contentions of insurer, insured's physician entitled to decide what is medically necessary.)
McLaney v. Utility Equipment Leasing Corp., 560 F. Supp 1265 (N.D.N.Y. 1983)(Successfully contended that an insurance policy that excluded leased vehicles nonetheless covered a leased crane.)
Media law:
Glens Falls Newspapers v. Berke, 206 AD2d 668 (3d Dep't 1994)(Newspaper wrongfully excluded from criminal proceeding is entitled to transcript.)
Glens Falls Newspapers v. Solid Waste and Recycling Committee, 195 AD2d 891 (3d Dep't 1993)(Newspaper wrongfully excluded from committee meeting is entitled to obtain minutes.)
Matter of Lockheed Martin v. New York State Department of Family Assistance, 256 AD2d 847 (3d Dep't 1998)(Corporation's request for exemption from FOIL denied)
Personal injury:
Matter of Wyche, 83 AD2d 223 (3d Dep't), aff'd on op. below, 56 NY2d 748 (1982)(Action by injured passenger against cab company dismissed for lack of jurisdiction in Albany County)
Professional Medical Conduct:
I have experience in dealing with the New York State Office of Professional Medical Conduct. No reported court cases have resulted from this experience, and for obvious reasons, names are not disclosed.
Schools:
Beilis v. Albany Medical College, 136 AD2d 42 (3d Dep't 1988)(Successfully defended school's discipline of student for cheating.)
Chusid v. Albany Medical College, 157 AD2d 1019 (3d Dep't 1990)(Successfully defended school's expulsion of medical student at end of last semester for academic inadequacy.)
