gm 520 business law Essay Example
A. The name and citation of the case (5 points) Elaine C. Bergler, Respondent, v. Roland M. Bergler, Appellant.
(1310) CA 01-00460.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
288 A.D.2d 880; 732 N.Y.S.2d 616; 2001 N.Y. App. Div. LEXIS 11324
B. The name of the court which decided the case
Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. - Summary Judgment
C. The year of the decision November 9, 2001, Decided / November 9, 2001, Filed
D. The facts of the case
Here, plaintiff sufficiently set forth the terms of the parties' Property Settlement Agreement concerning plaintiff's interest in defendant's Deferred Compensation Agreement The issue of the case
E. This issue of the case The alleged that defendant breached the parties' agreement when his partnership terminated the Deferred [**2] Compensation Agreement.
F. The “decision” of the case
Further, the court properly denied that part of defendant's motion seeking summary judgment dismissing the complaint because defendant failed to establish his entitlement to judgment as a matter of law (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). It is well settled that nonvested deferred compensation is marital property subject to equitable distribution (see, Burns v Burns, 84 NY2d 369, 376) and thus, contrary to defendant's contention, plaintiff had an interest in the Deferred Compensation Agreement when defendant and [*881] his partners terminated it.
G.For what principle of law was the Esposito case used (cited for) in the case?
The Hearing Officer determined the claimant violated Labor Law § 453 by storing explosives (Class C fireworks) in trailers without certificates, and recommended the seized fireworks be destroyed and that claimant's license be revoked.
H. Following the directions in the library, download a Word-Doc copy of the case, and include your name in the “note” section of
(1310) CA 01-00460.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
288 A.D.2d 880; 732 N.Y.S.2d 616; 2001 N.Y. App. Div. LEXIS 11324
B. The name of the court which decided the case
Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. - Summary Judgment
C. The year of the decision November 9, 2001, Decided / November 9, 2001, Filed
D. The facts of the case
Here, plaintiff sufficiently set forth the terms of the parties' Property Settlement Agreement concerning plaintiff's interest in defendant's Deferred Compensation Agreement The issue of the case
E. This issue of the case The alleged that defendant breached the parties' agreement when his partnership terminated the Deferred [**2] Compensation Agreement.
F. The “decision” of the case
Further, the court properly denied that part of defendant's motion seeking summary judgment dismissing the complaint because defendant failed to establish his entitlement to judgment as a matter of law (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). It is well settled that nonvested deferred compensation is marital property subject to equitable distribution (see, Burns v Burns, 84 NY2d 369, 376) and thus, contrary to defendant's contention, plaintiff had an interest in the Deferred Compensation Agreement when defendant and [*881] his partners terminated it.
G.For what principle of law was the Esposito case used (cited for) in the case?
The Hearing Officer determined the claimant violated Labor Law § 453 by storing explosives (Class C fireworks) in trailers without certificates, and recommended the seized fireworks be destroyed and that claimant's license be revoked.
H. Following the directions in the library, download a Word-Doc copy of the case, and include your name in the “note” section of