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“The jury’s verdict was not contrary to the weight of evidence,” a four-justice panel of the Second Appellate Division ruled Sept. 30.
Justice Terry Jane Ruderman found the phrase “ambulance chaser” imprecise, subjective and non-provable.
Disclosure of confidential patient information could present a significant threat to the health of a patient, the judge said. In a sexual abuse case, for instance, the patient could react in an extreme or dangerous manner.
“Nothing before the court establishes the claim that the requested pre-action disclosure is necessary,” Justice Terry Jane Ruderman ruled July 23.
Westchester Supreme Court Justice Terry Jane Ruderman entered the judgment July 15 in favor of Can Man Carting LLC of Norwalk and Andris Kurins of Westport.
An appellate court ruled that calling a developer a criminal or vampire is hyperbole, not an assertion of fact, and is protected speech.
Cappelli’s lien “is not entirely invalid on its face,” the judge ruled in denying Old Post Road Associates’ petition to discharge the lien.
“It is far from clear,” Justice Terry Jane Ruderman wrote, how a physician’s assistant “provides the type of unique services contemplated by 'learned profession' cases."
A jury ruled that William Knack raped a patient and awarded nearly $1 million to the woman.
The lawsuit claims that the town wants to evict the tenants so it can convert the property to other commercial uses.