U.S. District Court, Northern District of New York Case Summaries:

Daily Record (Rochester, NY), Sep 2, 2008

U.S. District Court, Northern District of New York

Default Judgment

Third-Party Defendants

FedEx Customer Information Services Inc. v. Leslee Sports Inc.

07-CV-0875

Judge Lowe

Background: In a breach of contract action, FedEx seeks damages stemming from the defendant's breach of a contract for which the plaintiff was to provide delivery services. The damages alleged are $161,883 and the plaintiff seeks additional legal and collection fees. Michael Silberberg and Robert Juskovich have not responded to the third-party complaint served on April 8.

Ruling: The court orders that third-party defendants Silberberg and Juskovich have until Sept. 22 to respond to the complaint, after which time a default judgment will be entered against them.

Jason M. Housel of Relin, Goldstein & Crane LLP for the plaintiff, and Jeffrey A. Carlino of Goldberg Segalla LLP for the defendant

Social Security

Disability

Pike v. Barnhart

05-CV-1249

Judge Bianchini

Background: Plaintiff Pike challenges an Administrative Law Judge's determination that she is not entitled to supplemental security income benefits or disability insurance benefits under the Social Security Act. The plaintiff alleges she has been disabled since Jan. 25, 2001 due to depression, anxiety, migraine headaches, a broken left shoulder, memory problems and hernia surgery. Her application for benefits was first filed in 2001. The parties moved for judgment on the pleadings.

Ruling: The court finds substantial evidence supports the ALJ's decision, including the objective medical evidence and supported medical opinions. The ALJ thoroughly examined the record and afforded appropriate weight to all the medical evidence, including the plaintiff's treating physicians. The court grants the defendant's motion and the case is dismissed.

Peter M. Margolius for the plaintiff, and Sommattie Ramrup of the Social Security Administration for the defendant.