Essays on Summary Judgment

Castore v Tutto Bene Rest. Inc. (2010 NY Slip Op 07695 [77 AD3d 599]).

Plaintiff: Emmy Castore, Appellant Defendant: Tutto Bene Restaurant Inc., dba Chelsea Restaurant, Respondent.

Procedural History:

Castore brought suit in the Civil Branch of the Supreme Court, New York County. The plaintiff sought damages for injuries she sustained as the result of a slip and fall that occurred on Defendant’s premises. The defendant moved for summary judgment to dismiss the complaint. The motion was granted unanimously by the Supreme Court. The case was then brought before the Appellate Court, First Division.

Facts:

The plaintiff contended that the defendant ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee. No. 89-3576Summary Calendar.

Background Information The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

(Professor/Instructor) (College/University/Institute)

In the definition given by the World Intellectual Property Organization (WIPO), trade secrets, simply stated, are any “confidential business information which provides an enterprise a competitive edge.” These secrets embrace areas commercial/industrial activities, and the illegal use or distribution of the information conducted by parties other than the owner of such information is deemed as a breach of the law as an “unfair trade practice.” Depending on the legal jurisprudence operating in the state, the safeguarding of these secrets is an integral component of how the practice of suppressing illegal trade practices is understood; it can also ...

In the case of Yakubowicz v Paramount Pictures Corp., Yakubowicz, the defendant in the case, was on his way home on the night of February 15, 1979 when he was stabbed by Michael Barret who had been at the Saxon theatre watching two consecutive screenings of “The Warriors”. The movie in question contained several scenes of juvenile-gang related violence. Additionally, Barret smuggled alcoholic beverages into the theatre where he got intoxicated. While they were parting at the subway, Barret stubbed Yakubowicz with a knife at the chest. Consequently, he died the following morning. His father brought a tortuous action ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

BUSINESS LAW

Chanel Inc. v. Banks In the case before the court, the plaintiff deems it appropriate to file charges against Banks who runs a website selling counterfeit products bearing the trademarks that are identical to Chanel’s trademarks. However, being in a foreign region, Banks is not bound by the laws of the other region. However, by running an interactive website, she is liable to trial.

It is a multiplicity of factors that are put together to define a course of action. The test takes consideration of the nature of the website and the level of activity. The nature of ...