Significant Cases of G. Kimball Williams

  • Halo Optical Products, Inc. v. Liberty Sports, Inc. (U.S.D.C., N.D.N.Y.) 2014 WL 3670664, 2015 WL 999076
    In trademark infringement/breach of contract litigation secured grant of preliminary injunction enjoining complained-of conduct by defendant, denial of defendant’s subsequent motion for modification of the preliminary injunction to require the posting of a bond and denial of defendant’s motion for reconsideration and modification or withdrawal of the preliminary injunction.

  • Iannotti v. Consolidated Rail Corp., 74 NY2d 39.
    New York's Recreational Use Statute, which provides protection from personal injury claims arising from the use of land for recreational uses, applies to claims against owners of commercially developed land if used for recreational purposes.

  • Doolin v. United States, 918 F.2d 15.
    The United States must pay interest on a lost tax refund check, from the date of overpayment to the date (even if years later) of the issuance of a replacement check.

  • The Landings Association v. Williams, 2012 Ga. Lexis 566.
    Georgia's highest court reverses lower court rulings and dismisses wrongful death claim against landowner based on attack by wild alligator.

  • Mills v. Chauvin, 103 AD3d 1041
    Vendor’s “Time of the essence” notice unreasonable and vendor ordered to specifically perform contract to sell his interest in real property. Agreement that referring attorney would pay trial attorney one third of attorney’s fee enforceable despite referring attorney’s claim that the agreement violated the Code of Professional Responsibility. Promissory note enforceable despite maker’s claim that it was not supported by consideration.

  • Matter of the Estate of Moak, 92 AD3d 1040
    "Corporate veil" pierced and defendant owner of corporation held personally liable -- under theories of constructive trust, unjust enrichment, implied contract and restitution -- for monies advanced to defendant's corporation by decedent.

  • Matter of Clever Innovations, Inc. (Dooley), 94 AD 3rd 1174.
    Although he made no voluntary election to do so, 50% shareholder of closely-held corporation ordered to pay estate of deceased 50% shareholder the fair value, as determined by the court, of deceased shareholder's interest in the corporation.

  • Busch v. Harrington, 63 AD3d 1333.
    Landowner not entitled to open and construct implied "paper road" easement over neighbor's lands, based on maps filed by parties' common grantor with the county clerk, where landowner's predecessors had constructed and used alternate actual easement granted by that common grantor.

  • Pulver v. Dougherty, 58 AD3d 978.
    Grantor's action to reform deed time-barred when grantor learned of alleged error in deed more than six years prior to commencing action.

  • Matter of Hyde, 44 AD3d 1195.
    Trustee is not liable for failure to diversify a trust where trust funded solely with the stock of a closely-held company which had an unusual capital structure making it difficult to liquidate for its full value.

  • Williams v. Harrington, 216 AD2d 761 , mot. for lv. den. 87 NY2d 967.
    A plaintiff's constructive trust claim must be dismissed if he fails to timely provide requested discovery.

  • Estate of Hatch ex rel. Ruzow v. NYCO Minerals Inc., 270 AD2d 590.
    A mining company's claim for the refund of royalties allegedly paid by mistake denied where such payments were due to the mining company's failure to timely seek legal advice about its obligations under the lease calling for the payment of royalties.

  • Kim v. Dvorak, 230 AD2d 286.
    A physician's defamation claim against his patient and his patient's daughter, based on complaints to the physician's employer about the quality of his care, dismissed as protected by qualified privilege.

  • Grasso v. Mathew, 164 AD2d 476.
    An attorney's defamation claim against his client's husband in divorce proceedings dismissed, with sanctions, when the husband wrote to his wife complaining about the attorney's conduct in those proceedings.

  • Matter of Mary XX., 552 AD3d 983, mot. for lv. den. 11 NY3d 706.
    Guardian of the person lacks standing to object to an accounting by her ward's trustee where guardian ad litem has been appointed to represent the ward's interests.

  • Barrett v. Watkins, 52 AD3d 1000.
    Court may not grant summary judgment against a party on a non-party's motion to intervene.

  • Matter of Scale, 38 AD3d 983.
    Court may not consider an attorney-draftsman's affidavit in order to construe a will as leaving a bequest not to a charity named in the will but, rather, to another charity with a similar name.

  • Asterino v. Asterino & Assocs., 275 AD2d 517.
    Default judgment vacated where it was rendered due to the failure, by defendants' original counsel which had a conflict of interest, to confirm that substitute counsel had assumed the defense of the litigation.

  • Matter of Rockefeller, 44 AD3d 1170.
    Objections to an executrix' accounting and unusually high attorney's fees dismissed where it was objectants whose needlessly caused most of the attorneys' fees and were responsible for the matters on which their objections were based.

  • Navilia v. Windsor Wolf Rd. Props. Co., 249 AD2d 658.
    Real estate sales agreement providing that the purchaser would pay for a new house for the seller who retained a life estate, if he selected the house within a specified time, not payable when the seller did not timely select the new house; to the contrary, the seller must reimburse certain related payments made by the purchaser.

  • Zelonka v. Town of Schodack, 245 AD2d 795.
    Trial court improperly granted summary judgment to a municipality whose independent contractor's conduct may have contributed to a personal injury at the municipality's landfill thus creating a question of fact for the jury.

  • Micheli v. E.J. Builders, 241 AD2d 610.
    Party's counsel may not be disqualified without an evidentiary hearing if there are questions of fact about whether the adverse party provided any confidential information to such counsel.

  • First Am. Bank v. L.V. Lowden, Inc., 197 AD2d 774.
    Summary judgment may not be granted on a personal guarantee when defendant has raised a question of fact regarding a forged signature.

  • DiRienzo v. State, 187 AD2d 879.
    State is responsible for personal injuries resulting from its collecting diffuse surface waters and then casting them onto a neighboring landowner's premises.

  • Brodford v. Weber, 138 AD2d 860.
    Party to contract cannot be held liable for tortious interference with that contract; agreements negotiated in same transaction treated as one and indivisible.

  • Moore v. Consolidated Rail. Corp., 1988 U.S. Dist. LEXIS 4805.
    Personal injury release may not be set aside where plaintiff assumed the risk that his injuries might be more serious than believed when he executed the release.

  • LTA Group, Inc. v. J.B. Hunt Transp., Inc., 101 F.Supp.2d 93.
    Shipper's claim for property damage caused by a common carrier dismissed if a prescribed notice of the claim was not timely served.

  • Asset Mgmt. & Control v. ABF Freight Sys., 18 F.Supp.2d 187.
    Where a party ships goods by common carrier and the shipping charge is based on the declared weight of the shipment, the carrier's liability for property damage is based on the declared weight even if the actual weight was greater.

  • Davis Acoustical Corp. v. Carolina Freight Carriers Corp., 775 F. Supp. 530.
    Shipper's notice of claim for property damage must adequately identify the shipment; otherwise a lawsuit based on that notice must be dismissed.

  • Critical Vac Filtration Corp. v. Northland Filter Systems Int'l, Inc. 1991 U.S. Dist. LEXIS 8607.
    Preliminary injunction sought by manufacturer, to refrain a competitor from allegedly false advertising, denied for manufacturer's failure to demonstrate likelihood of success on merits.