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Case No. 2025 NYSlipOp 01871 [236 AD3d 598]
Regular Panel Decision
Mar 27, 2025

Mondrangon v. Trustees of Columbia Univ.

Plaintiff Adan Mondrangon initiated an action against The Trustees of Columbia University after allegedly tripping over plumber's net and pipes in the basement of a university building. Columbia University subsequently filed a third-party complaint against Absolute Plumbing & Heating Corp., their plumbing contractor, seeking indemnification and alleging breach of contract for failure to procure insurance, attributing responsibility for the hazardous condition to Absolute. Absolute Plumbing & Heating Corp. moved for summary judgment to dismiss the third-party complaint, presenting evidence that their recent work did not involve the materials cited. However, the court found triable issues of fact arising from conflicting deposition testimonies, particularly concerning whether Absolute had worked on the basement project and could have been the source of the materials. Consequently, the Supreme Court's order denying Absolute's motion for summary judgment was unanimously affirmed by the Appellate Division, concluding that credibility issues were for a jury to determine.

Premises liabilitypersonal injurysummary judgmentindemnificationbreach of contractthird-party claimconflicting testimonytriable issues of factAppellate DivisionNew York courts
References
3
Case No. 07-03-0307-CV
Regular Panel Decision
Feb 14, 2005

Mabel Walter Rogers, Larry Frank Walter, Co-Trustee, Robert Wayne Veigel, Co-Trustee, Dorothy Ann Veigel Oswald and Jo Ann Veigel Eudy v. in Re: Ardella Veigel Inter Vivos Trust No. 2, Amarillo National Bank, Amarillo, Texas, Co-Trustee

This case involves an appeal from a summary judgment in favor of Amarillo National Bank (ANB) concerning various estates, trusts, and management agreements. The primary appellant, Robert Wayne Veigel (R.W.), contended that the trial court erred in granting summary judgment based on the statute of limitations, preventing him from pursuing counterclaims and requesting an accounting. R.W. argued that interests bequeathed by Charles R. Veigel were life estates, not trust interests, and challenged ANB's trustee fees and the lack of an accounting. The appellate court modified the summary judgment to declare that Charles Veigel's will granted life estates free of trust but affirmed the summary judgment regarding the statute of limitations barring R.W.'s claims for disgorgement of fees, accounting, and damages.

Trust LawLife EstatesStatute of LimitationsSummary JudgmentFiduciary DutyAccountingInter Vivos TrustTestamentary TrustProperty CodeCivil Practice and Remedies Code
References
12
Case No. 04-14-00657-CV
Regular Panel Decision
Jan 14, 2015

Richard Leshin, Successor Trustee of the Davila Family Trust, Trust A v. Juan Gerardo Oliva, Rosina Oliva, Individually and as Successor Trustee of the Davila Family Trusts B, C, and D, and Alma Guadalupe Davila

A party who seeks to vacate an arbitration award bears the burden in the trial court of bringing forth a complete record that establishes its basis for vacating the award. Leshin has completely failed to carry his burden because he has come forth only with a partial record. Leshin has not brought forth a record showing that he was not brought into arbitration in a manner that would render him individually liable. For this reason alone, the trial court was correct in confirming the arbitrator’s award. In any case, the matters in the record clearly establish that the arbitrator was well within his power to determine that Leshin was individually liable for his wrongful acts. The AAA Commercial Rules of Arbitration, which apply to this matter, provide that the arbitrator had the power to rule on his own jurisdiction, 'including any objections with respect to the . . . scope . . . of the arbitration agreement or to the arbitrability of any claim or counterclaim.' Finally, the Texas Trust Code is clear that a trustee is always individually liable for his wrongful acts committed as trustee, so it was not necessary to sue Leshin in any particular capacity.

ArbitrationTrustee LiabilityTrust DisputeArbitration AwardAppellate ReviewJurisdictionArbitrabilityTexas LawCommercial Arbitration RulesDavila Family Trust
References
26
Case No. 09-06-106 CV
Regular Panel Decision
Mar 22, 2007

John K. Harrison Holdings, LLC v. Richard M. Strauss, Trustee A/K/A R.M. Strauss, Trustee and James Winkler, Trustee

This case concerns competing ownership claims over a Montgomery County real estate lot following a tax sale. Appellant John K. Harrison Holdings, LLC challenged the 1996 tax sale, arguing its invalidity due to alleged procedural defects and unconstitutionality of relevant Texas Tax Code provisions. The Court of Appeals affirmed the trial court's judgment, finding that Harrison failed to comply with Tax Code limitations for challenging tax sales, specifically regarding timely filing and the deposit requirement. The court also clarified that failure to join all parties in a tax lien foreclosure does not void the judgment against those named. Consequently, Harrison's claims were barred, and the original tax sale was upheld.

Real Estate LawTax SalesProperty Ownership DisputesConstitutional LawStatutes of LimitationsTexas Tax CodeDue ProcessNotice RequirementsTax Lien ForeclosureAppellate Review
References
11
Case No. 04-13-00201-CV
Regular Panel Decision
Aug 29, 2014

Bank of America, N.A. as Trustee of Bettye Baker Brown Trust, U/w, F/B/O William David Deiss, Bettye Baker Brown Trust U/w, F/B/O Diane Elizabeth Mysliweic, Bettye Baker Brown Trust U/W/, F/B/O Paula Jane Roberts, Dorothy Baker Shaw 1966 Trust, Baker E. v. Prize Energy Resources, L.P., Prize Operating Company, Gruy Petroleum Management Company N/K/A Cimarex Energy Co. of Colorado, Magnum Hunter Resources, Inc., Cimarex Energy Co., Hunter Gas Gathering, Inc., Pat R. Rutherford Jr., Michael G. Rutherford, Rut

This case, heard by the Fourth Court of Appeals in San Antonio, Texas, addresses a dispute over the termination of an oil, gas, and mineral lease and a joint operating agreement (JOA) in McMullen County. Appellants, led by Bank of America as trustee, contested a trial court's summary judgment in favor of Appellees, Prize Energy Resources, concerning the alleged fraudulent inducement of a ratification agreement. The core issues involved the Bank's claims of waiver, ratification, quasi-estoppel, and adverse possession, all stemming from the belief that the Baker Lease terminated due to a cessation of production. The appellate court found genuine issues of material fact regarding the Bank's knowledge of fraud and its intent to waive its claims, as well as the applicability of quasi-estoppel and adverse possession. Consequently, the trial court's grant of summary judgment was reversed, and the case was remanded for further proceedings.

Oil and gas leaseJoint operating agreementMineral interestsLease terminationFraudulent inducementRatificationWaiverQuasi-estoppelAdverse possessionSummary judgment
References
55
Case No. 13-17-00641-CV
Regular Panel Decision
Nov 29, 2018

American Bank, N.A. as Trustee of the Lisa Marie Buckley Trust and Co-Trustee of the John Buckley Jr. Trust and Kelly Rose Kinard Trust, John Buckley Jr. Trust, Lisa Marie Buckley Trust, Kelly Rose Kinard Trust, Together With John Buckley Jr., Lisa Marie Buckley, and Kelly Kinard, as Trustee, Co-Trustee and/or Trust Beneficiaries of the John Buckley Jr. Trust, Lisa Marie Buckley Trust and Kelly Rose Kinard Trust, and/or Shareholders v. Moorehead Oil & Gas, Inc., Moorehead Acquisition, LLC, and Moorehead Oil & Gas, LLC

This is an appeal regarding a summary judgment in a proceeding to determine the fair value of ownership interests in corporate stock under the Texas Business Organizations Code. Appellants, consisting of American Bank, N.A. as trustee, and the Buckley family members (John J. Buckley Jr., Lisa Marie Buckley, and Kelly Rose Kinard) as co-trustees and/or beneficiaries of their trusts, challenged the denial of their petition for stock valuation against Moorehead Oil & Gas entities. The key arguments on appeal were whether the Bank was the sole entity capable of requesting a valuation and if the limitations period was tolled due to the misnomer doctrine. The Court of Appeals affirmed the dismissal of Lisa Marie Buckley's claim as a beneficiary due to lack of standing, but reversed the remainder of the judgment, ruling that the first amended petition related back to the timely-filed original petition for limitations purposes and that American Bank, John J. Buckley Jr., and Kelly Rose Kinard had standing as trustees or co-trustees. The case was remanded for further proceedings.

Summary JudgmentCorporate Stock ValuationDissenting Shareholder RightsTexas Business Organizations CodeTrusts and TrusteesBeneficiary StandingLimitations PeriodMisnomer DoctrineAppellate ProcedureFair Value Appraisal
References
24
Case No. MISSING
Regular Panel Decision

Farrar v. BOARD OF TRUSTEES, ETC.

Petitioners Gus Farrar and Scott Gaines filed a mandamus suit seeking to compel the Boards of Trustees of the Teacher Retirement System and Employees Retirement System to grant them prior service credit under Art. 6228c, Vernon’s Ann.Civ.St. The Boards refused, arguing the statute was unconstitutional. The Texas Supreme Court affirmed the Court of Civil Appeals' decision, which had reversed a trial court judgment favoring the petitioners. The Supreme Court held that Art. 6228c was unconstitutional as it created an impermissible encroachment between the two distinct retirement systems, violating the original intent of the constitutional amendments (Sec. 48a of Art. III and Sec. 62 of Art. XVI of the Texas Constitution) to limit benefits to specific employment fields.

TexasRetirement SystemsTeachers Retirement SystemEmployees Retirement SystemConstitutional LawMandamusPrior Service CreditStatutory InterpretationState EmployeesPublic Schools
References
5
Case No. MISSING
Regular Panel Decision

Walter Ray Culp, III v. Board of Professional Responsibility for the Supreme Court of Tennessee

Attorney Walter Ray Culp, III, previously suspended for five years due to an attempted extortion conviction, sought reinstatement of his law license. The extortion involved brokering witness testimony for a substantial fee. After serving a nineteen-month prison sentence and the five-year suspension, Culp petitioned for reinstatement. A hearing panel of the Board of Professional Responsibility and the Chancery Court for Williamson County both denied his request. The denials were based on Culp's failure to demonstrate moral qualifications, legal competency, and that his reinstatement would not harm the integrity of the bar or public interest. The Tennessee Supreme Court affirmed these decisions, citing Culp's lack of credibility, his unwillingness to accept responsibility for his actions, and the severe nature of his original crime.

Attorney disciplineLaw license reinstatementProfessional misconductAttempted extortionMoral qualificationsLegal competencyCredibility assessmentJudicial reviewAppellate decisionLegal ethics violation
References
8
Case No. 2024 NY Slip Op 03455 [228 AD3d 555]
Regular Panel Decision
Jun 25, 2024

Ciaurella v. Trustees of Columbia Univ. in the City of N.Y.

John Ciaurella, a union shop steward and laborer for ACC Construction Corp., was injured while working at the Hammer Building, owned by The Trustees of Columbia University in the City of New York. While erecting caution tape near holes in an interstitial space on the 11th floor, a poorly constructed patch in the gypsum board floor collapsed, causing his right leg to fall through. Ciaurella was using a ladder but was not provided with additional safety equipment like harnesses or safety lines. He moved for partial summary judgment on Labor Law § 240 (1) liability against Columbia, which was initially denied by the Supreme Court, Bronx County. The Appellate Division, First Department, unanimously reversed this decision, granting Ciaurella's motion. The appellate court found that Ciaurella's task exposed him to an elevation-related risk, he was not provided with adequate safety devices, and the risk of collapse, even of a permanent structure, was foreseeable, especially given Columbia's prior concerns about the holes in the floor.

Labor Law § 240 (1)Elevation-related riskCollapsing floorConstruction accidentSummary judgmentAppellate reviewGeneral contractor liabilityOwner liabilityWorkplace safetyInterstitial space
References
5
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
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