Cases & Transactions

	Serious personal injury matter settled for $5 million Attorneys David Linger and Ted Smith settled a very serious personal injury matter for $5 million. The Firm's client was a motorcycle operator whose left leg was traumatically amputated above the knee in consequence of being struck by a school bus at an intersection in the Town of Pompey. The settlement was obtained in a voluntary civil mediation without the necessity of commencing litigation.
	Lee v. Charles A. Glessing and Palatine Nursing Home Plaintiff brought suit alleging violations of the Title VII and the New York State Human Rights Law. The matter proceeded to trial, but was dismissed by the Court pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. Defendants moved for legal fees under Title VII as a prevailing defendant-employer. The Court granted defendant-employers request for legal fees.
	Van Halen Music, et.al v. Northern Lights, et.al. Van Halen Music, Guns N' Roses Music and other plaintiffs brought suit against Northern Lights, Inc. and its owner J. Kip Finck for copyright infringement under the Federal Copyright Law. The Court awarded plaintiffs' damages and attorneys' fees in the amount of $57,170.77. Plaintiffs were also granted a permanent injunction prohibiting defendants from engaging in any unauthorized or unlicensed performances of any works of plaintiffs or the American Society of Composers, Authors and Publishers.
	Bianchi Industrial Services, Inc. v. Village of Malone, Supreme Court, County of Franklin A demolition contractor seeks to recover damages for work performed and lost profits sustained when a municipality terminated a demolition contract in the early stages of a job. The municipality did not dispute that plaintiff incurred site mobilization and related costs, and sustained lost profits due to the cancellation of the job, but rather sought to escape liability based on the alleged failure of the Village Board to appropriate funds for the demolition contract. The Court sustained the contractor’s claim notwithstanding the lack of a specific appropriation by the Village Board to pay for the project. The Court emphasized that where the denial of a recovery due to the contractor for work actually performed would result in “unjust enrichment” of the municipality, a contractor is entitled to recover where it has entered into a contract in good faith, where the municipality possessed the authority to enter into the contract, and where the contract does not violate public policy.
	Kinney Drugs, Inc. v. Guy W. Hart and David Meath, Supreme Court, County of St. Lawrence The Supreme Court refused to dismiss a claim for misappropriation of trade secrets, unfair competition and breach of fiduciary duty against real estate developers who previously developed Kinney Drugs retail store locations. The developers had acquired intimate knowledge of Kinney Drugs criteria in selecting retail store locations and detailed financial information about the sales and profitability of individual Kinney Drugs stores. The lawsuit alleges that the defendant real estate developers wrongfully divulged this information in an attempt to solicit the business of the nations largest drug store chain, Walgreens. The defendants moved to dismiss by emphasizing that they were merely “arm’s length” developers, that the information they obtained from Kinney Drugs was routine real estate information that is not entitled to trade secret protection, and, finally, that no confidentiality agreement restricted their use of Kinney Drugs information. The Supreme Court rejected the defendant’s contentions: “While the parties to this lawsuit did not include a confidentiality agreement in their real property leases, the inquiry does not necessarily end there. It is important to note that certain individuals, by virtue of their relationship to another, are entrusted with and held to guard against disclosure of confidential communications.”
	Mohawk Valley Water Authority v. The State of New York, Erie Boulevard Hydropower, L.P., and The New York State Canal Corporation Hancock & Estabrook attorneys have commenced an action in Oneida County Supreme Court on behalf of the Mohawk Valley Water Authority ("MVWA") for a declaratory judgment to validate its rights to continue drawing water form Hinckley Reservoir. The action against the State of New York, the New York Canal Corp and Erie Boulevard Hydropower seeks a determination of the rights of the MVWA, a governmental authority that provides water to residents in the Mohawk Valley, to draw waters from the reservoir. The defendants have opposed the MVWA's efforts to expand its facilities to provide potable water to customers and in doing so have raised issue to the rights of the MVWA to draw water that have been granted to it for nearly a century.
	United Computer Capital Corporation, et al v. Richard W. Daidone and St. Andrews Associates, et al. A Central New York employer brought the case against two former high ranking executives and other defendants. The employer has asserted multiple claims, including violations of the Racketeering Influence & Corrupt Organizations Act, breach fiduciary duty, breach of duty of loyalty, unfair competition and other related claims. After successfully obtaining a preliminary injunction against two of the defendants, the defendants moved to dismiss and change venue. Hancock & Estabrook attorney’s successfully defeated defendants’ motion. The Court found that the plaintiff had alleged “a pattern of racketeering activity” sufficient to withstand defendants motion to dismiss.
	G.A. Braun, Inc. v. Tenney Laundry Systems, Inc. Hancock & Estabrook attorney recently won summary judgment for a local manufacturer of commercial laundry equipment in a breach of contract case, obtaining an award of $300,000 for the client.
	Quantum Corporate Funding, Ltd. v. Westway Industries States, Inc. & United States Fidelity and Guaranty Company Stewart F. Hancock, Jr. won a case of first impression in the Court of Appeals involving the interpretation of State Finance Law Section 137. The statute requires general contractors on public projects to purchase bonds to guarantee payment to the general contractor's suppliers, employees and subcontractors. The Court of Appeals has now held that the assignee of a subcontractor on a project has the right to bring a lawsuit to recover payment from bond sureties.
	Rome Ambulatory Surgical Center, LLC v. Rome Memorial Hospital, Inc. and Greater Rome Affiliates, Inc. Hancock & Estabrook attorney won summary judgment for the defendant, an upstate non-profit hospital, on nine of twelve claims asserted under federal antitrust laws and state laws. The plaintiff, an ambulatory surgery center opened by a group of doctors on the hospital's staff, charged the hospital with engaging in unfair competition. Hancock & Estabrook also defeated the plaintiff's subsequent motion for reconsideration of the dismissal of a claim alleging conspiracy under the Sherman Act.
	State of New York v. Francis Lunking and LDR Enterprises, Inc. v. Violante Sons Tank & Pump Corp., and Ameron Pipe, Inc. In action brought by State against property owners to recover clean up and removal costs associated with spill on the property, Hancock & Estabrook attorney defeated motion to dismiss property owners’ claim against actual discharger of oil contaminants for contribution and/or indemnification. Reprinted from Westlaw with permission of West, a Thompson business. If you wish to check the currency of this case, you may do so using KeyCite on Westlaw by visiting http://www.westlaw.com/
	Molly, Inc. and Murbo Parking, Inc. v. County of Onondaga Hancock & Estabrook attorney achieved dismissal on behalf of County of Onondaga of petition challenging County’s acquisition of a parking lot for use in connection with proposed hotel development. Reprinted from Westlaw with permission of West, a Thompson business. If you wish to check the currency of this case, you may do so using KeyCite on Westlaw by visiting http://www.westlaw.com/
	Syracuse Scenery & Stage Lighting Co., Inc. and International Alliance of Theatrical Stage Employee, Local 9 (National Labor Relations Board) Hancock & Estabrook attorneys won appeal of case alleging that employer violated the National Labor Relations Act when it terminated four employees who left work early without permission on 4 consecutive days and submitted fraudulent time sheets. Union had alleged that the employer’s primary motivation for the firing was to discourage unionization. Decision of Administrative Law Judge was reversed and complaint dismissed on appeal. Reprinted from Westlaw with permission of West, a Thompson business. If you wish to check the currency of this case, you may do so using KeyCite on Westlaw by visiting http://www.westlaw.com/
	Thomas Sharpe, M.D. v. Charles P. Conole, et al. Hancock & Estabrook attorney won appeal on behalf of physicians and medical practice of order dismissing claim brought by a physician alleging violation of Freedom of Access to Clinic Entrances Act (FACE). Reprinted from Westlaw with permission of West, a Thompson business. If you wish to check the currency of this case, you may do so using KeyCite on Westlaw by visiting http://www.westlaw.com/