Decisions

State Court Decisions

Supreme Court, Westchester County

A. E., Plaintiff v. M. B. A., Defendant, Caseindex_

After Conducting Neutral Forensic Exam, Court Grants Sole Custody of Boys to Mother

Practice Areas: Family Law , Custody and Child Support

Surrogate's Court, Nassau County

Petition for Compulsory Accounting and Related Relief in the Estate of Sabato A. Stile, Sr., Deceased, 2011-364678/A

Administrator Given Time to File Account Or Face Revocation of Letters of Administration

Practice Areas: Trusts and Estates

Surrogate's Court, Bronx County

In the Matter of the Funding of A Supplemental Needs Trust for the Benefit of Aurea C.F., a Mentally Retarded Person, 2007-269/B

Mother May Establish, Fund Supplemental Needs Trust for Her Disabled Daughter

Practice Areas: Social Services Law

Civil Court, New York County, Part C

300 East 85th Street Housing Corp, Petitioner-Landlord v. Howard Dropkin and Frieda Fine-Dropkin, Respondents-Tenants, 66597/2014

Court Grants Attorneys' Fees to Tenants After Landlord Fails to Timely Restore Proceeding

Practice Areas: Legal Profession , Attorney Fee Recovery

Surrogate's Court, New York County

Probate Proceeding, Will of Harold D. Young, Deceased, 2013-3862/A

Production of Documents Relating to Estate Administration Is Beyond Purview of §1404

Practice Areas: Trusts and Estates

Supreme Court, New York County, Part 37

Board of Managers of the South Star, Plaintiff v. WSA Equities, LLC, et al., Defendants, 159128/2012

Complaint Fails to Allege Relationship Between Condo Unit Owners, Sponsors

Practice Areas: Contracts

New York State, Court of Appeals

Paul M. Ellington, Appellant v. EMI Music, Inc., et al., Defendants, EMI Mills Music, Inc., Respondent, No. 156

Duke Ellington's Heirs Lose Challenge to 1961 Contract

Practice Areas: Contracts , Breach , Intellectual Property

Appellate Division, Second Department

Bradley Johnson, etc., et al., Respondents v. City of New York, Appellant, 23959/09

Panel Dismisses Lawsuit Against City in Drowning

Practice Areas: Torts , Affirmative Defenses , Assumption of Risk , Administrative Law

Supreme Court, Westchester County

Q.C., Plaintiff v. L.C., Defendant, Caseindex_

Hearing Will Determine If Husband in Divorce Action May Set Aside Stipulations

Practice Areas: Family Law

Civil Court, Kings County, Housing Part P

68 S.P. Realty LLC, Petitioner-Landlord v. Delores Lawton, Respondent-Tenant, 59491/14

Landlord That Obtained Possessory Judgment Is Entitled to Attorneys' Fees From Tenant

Practice Areas: Legal Profession , Attorney Fee Recovery

Supreme Court, New York County, IAS Part 005

The Comptroller of the City of New York, Petitioner v. The Department of Finance of the City of New York, Respondent, 160842/2013

Comptroller Has Broad Authority to 'Audit All Agencies,' Is Entitled to Review Tax Returns

Practice Areas: Administrative Law

Appellate Term, First Department

In the Matter of Paulo Cesar Arrieta Salas, for leave to assume the name of Raquel Ramirez, Petitioner-Appellant, 14-223

Court Grants Transgendered Undocumented Immigrant's Application for Name Change

Practice Areas: Civil Rights

Appellate Division, Third Department

In the Matter of Carter A., Alleged to be a Permanently Neglected Child. Cortland County Department of Social Services, Respondent Courtney QQ., Appellant, 517283

Social Services Department Properly Adjudicated Child Permanently Neglected

Practice Areas: Social Services Law

New York State, Court of Appeals

John W. Grace, Respondent, v. Michael R. Law, et al., Appellants., No. 165

Failure to appeal bars the legal malpractice action only where the client was likely to have succeeded on appeal in the underlying action.

Practice Areas: Appellate Law - Civil , Legal Profession , Attorney Malpractice

New York State, Court of Appeals

The People &c., Respondent v. Samuel McLean, Appellant, No. 154

When police are told by a suspect's lawyer that the lawyer no longer represents him, they may question the suspect without violating his right to counsel.

Practice Areas: Criminal Law , Civil Rights

Supreme Court, Kings County, Part 5

People of the State of New York Ex Rel. Amy Swenson, Esq. on Behalf of Mario Mendoza, Defendant v. Joseph Ponte, Commissioner of the Department of Correction, Respondent, 14652/2014

NYC Department of Correction May Not Hold Inmates Beyond the End of Their Sentences Based on Requests From Immigration Authorities

Practice Areas: Immigration Law

Appellate Term, First Department

In the Matter of Paulo Cesar Arrieta Salas, for leave to assume the name of Raquel Ramirez, Petitioner-Appellant, 14-223

Panel Grants Name Change Without Citizenship Proof

Practice Areas: Administrative Law

Surrogate's Court, Kings County

Estate of Ruby Johnson

Decree signed; 2014-3531 -Estate of Ruby Johnson: Decree signed; 2014-885/B -Estate of Galina Egorov: Decree signed; 2014-3255/A -Estate of Ethel Bronstein: Decree signed; 2014-3277 -Estate of Jeanne I Rodino: Decree signed; 2014-3277/A -Estate of Jeanne I Rodino

Surrogate's Court, New York County

ESTATE OF YOLA SIGERSON

DECREE SIGNED: ESTATE OF YOLA SIGERSON (13/4557/C); Gilberto Ramirez Santisteban (14/3671); Roman Sherer (14/1009/B); Mika Sakamoto (14/3733); Harold L Lomax (09/3669/A); Diana K Liu (14/3734).

Surrogate's Court, Bronx County

ESTATE OF EDNA SOFI

ORDER SIGNED: ESTATE OF EDNA SOFI (08/2740/C); Stanley Wolf (11/2809/A); Vincent Sofi (08/2855/B); Edna Sofi (08/2740/G).

Surrogate's Court, New York County

ESTATE OF MARTHA ZANT

ORDER SIGNED: ESTATE OF MARTHA ZANT (14/3637/A).

Surrogate's Court, Bronx County

ESTATE OF VERONICA WALSH

ORDER SIGNED: ESTATE OF VERONICA WALSH (11/3076/B).

Surrogate's Court, New York County

ESTATE OF THERESA CORCORAN, Deceased

ESTATE OF THERESA CORCORAN, Deceased (12/981/A) — At the call of calendar on October 14, 2014, the court directed that Petitioners may proceed to examine Respondent Christopher Corcoran regarding the relevant assets and affairs of decedent's estate (SCPA §2102[1]).

Surrogate's Court, Bronx County

ESTATE OF JOSEFA CABRERA, Deceased

ESTATE OF JOSEFA CABRERA, Deceased (10/2342/A) — The administrator, the decedent's daughter, seeks to lift the restrictions contained in her limited letters of administration so that she may distribute from her attorney's escrow account the net proceeds of causes of action settled in the Supreme Court, Bronx County (Green, J.). The supreme court orders, inter alia, awarded counsel fees and disbursements and recognized the liens asserted by the Department of Social Services/HRA for Medicaid Services.

Surrogate's Court, Kings County

Estate of Ira Schwarzenberger

Order signed; 1991-6027I -Estate of Ira Schwarzenberger: Decree signed; 2009-3998/A -Estate of Phyllis Dodin

Surrogate's Court, Bronx County

ESTATE OF SALVATORE TILIMBO, Deceased (05/583P) and ROSE TILIMBO, ANTHONY CASERTANO JR. AND NINA SANDERS, plf, v. JOHN POSIMATO as PRELIMINARY EXECUTOR OF THE ESTATE OF SALVATORE TILIMBO, def

ESTATE OF SALVATORE TILIMBO, Deceased (05/583P) and ROSE TILIMBO, ANTHONY CASERTANO JR. AND NINA SANDERS, plf, v. JOHN POSIMATO as PRELIMINARY EXECUTOR OF THE ESTATE OF SALVATORE TILIMBO, def (07/329M) — In this transferred RPAPL article 15 action the plaintiffs who are also the objectants in the underlying will contest move, pursuant to CPLR 3025, for an order granting them leave to add Patrick Wynne, Esq. as a party defendant and to amend the underlying complaint to add a cause of action against him alleging fraud. The motion is opposed by the defendant, the preliminary executor in the probate proceeding.

Surrogate's Court, New York County

ESTATE OF FUEN BAI, Deceased

ESTATE OF FUEN BAI, Deceased (10/0860/A/B/C) — The proposed compromise of the cause of action for decedent's wrongful death and conscious pain and suffering is approved.

Surrogate's Court, Kings County

Estate of James McNamara

Order signed; 2013-1509/A -Estate of James McNamara

Surrogate's Court, Kings County

Estate of Cora Winnett Friedman

Order signed; 2014-3411 -Estate of Cora Winnett Friedman

Surrogate's Court, New York County

ESTATE OF DAVID L SMITH

ORDER SIGNED: ESTATE OF DAVID L SMITH (09/1412/A).

Surrogate's Court, Bronx County

ESTATE OF MICHAEL P.S.M.

ESTATE OF MICHAEL P.S.M. (13/2884/A) — This is an application by the nominated trustees, Michael's mother and brother, who are also the co-guardians of his person and property pursuant to the provisions of SCPA Article 17-A seeking, inter alia, to establish a supplemental needs trust (SNT) for his benefit. The SNT is to be funded with funds received by the ward from his father's pension for his benefit. Jurisdiction was obtained over all necessary parties, including the New York City Human Resources Administration (HRA), without any appearance in opposition.

Surrogate's Court, New York County

ESTATE OF LILLIAN BROWN

DECREE SIGNED: ESTATE OF LILLIAN BROWN (14/2479).

Surrogate's Court, Kings County

Estate of Rose Pluchinotta

Order signed; 2008-912 -Estate of Rose Pluchinotta: Order signed; 2014-1848 -Estate of Margaret Mary Pelkington: Order signed; 2009-93 -Estate of Margaret McDonough: Order signed; 2014-2615 -Estate of Sam Shapiro: Order signed; 2012- 2222/A -Estate of Bert Berkow: Order signed; 2014-2653 -Estate of Claire Shapiro: Decree signed; 2014-297 -Estate of Sophie Catalano: Decree signed; 2014-2533 -Estate of Emma A. Slovak: Decree signed; 2014-801 -Estate of Giulio Intravaia: Decree signed; 2013-479/A -Estate of Monica Thompson

Surrogate's Court, Kings County

Estate of Shlomo Cyngiel

Order signed; 2003-773/B -Estate of Shlomo Cyngiel: Order signed; 2006- 2529/A -Estate of Louis Montanez: Order signed; 2003-773/B -Estate of Shlomo Cyngiel

Surrogate's Court, Bronx County

ESTATE OF VINCENT BOCCIA

DECREE SIGNED: ESTATE OF VINCENT BOCCIA (07/51/B); John J McCormack (378A/04/E); Elpidio Brito (761A/06/A); Marta Feliz (11/233/A); Adalberto Alvarez (11/2383/A); Brianna A Guzman (12/2832/A).

Surrogate's Court, Kings County

Estate of Alex Etienne

Order signed; 2014-3691 -Estate of Alex Etienne

Surrogate's Court, Bronx County

ESTATE OF CARLOS RIVERA, Deceased

ESTATE OF CARLOS RIVERA, Deceased (12/422/B) — The administrator, the decedent's spouse, seeks to remove the restrictions on her limited letters of administration so that she may receive and judicially account for the proceeds of settlement of a personal injury claim.

Surrogate's Court, New York County

ESTATE OF NICHOLAS MARTAKIS, Deceased

ESTATE OF NICHOLAS MARTAKIS, Deceased (12/3650/A) — This proceeding has been discontinued by the parties pursuant to a stipulation of discontinuance dated October 10, 2014, referencing a stipulation between the parties dated February 19, 2014, both of which were filed with the court on October 14, 2014 (see CPLR §3217[a][2] and section 207.24 of the Uniform Rules for the Surrogate's Court).

Surrogate's Court, Bronx County

ESTATE OF BEVERLY LYNDA WARNER

DECREE SIGNED: ESTATE OF BEVERLY LYNDA WARNER (14/2022).

Surrogate's Court, Bronx County

ESTATE OF AUREA C.F., A MENTALLY RETARDED PERSON

ESTATE OF AUREA C.F., A MENTALLY RETARDED PERSON (07/269/B) — This is an application by the petitioner, Aurea's mother, who was appointed the SCPA article 17-A guardian of her person and property pursuant to a decree entered on December 6, 2007 amended by an order dated September 8, 2009, to fund a supplemental needs trust (SNT) for her benefit. Aurea resides with the petitioner and the petitioner's husband who was appointed the standby guardian of her person. The SNT is to be funded with the respondent's assets deposited in guardianship bank accounts emanating from causes of action settled by order of the Supreme Court, Bronx County (Silver, J.). The petitioner is the nominated trustee.

Surrogate's Court, Bronx County

ESTATE OF SHIRLEY FEUERSTEIN

ORDER SIGNED: ESTATE OF SHIRLEY FEUERSTEIN (13/463/A); Marie Hill (14/1839); Melvin B Pascoo (14/1175); Robert Page (14/1985); Michael W Tarpey (14/267/A); June C Nelson (14/394); Henry Rothschild (12/1424/A).

Surrogate's Court, Bronx County

GUARDIANSHIP OF CARMEN M. F., A MENTALLY RETARDED PERSON

GUARDIANSHIP OF CARMEN M. F., A MENTALLY RETARDED PERSON (77/A/138G) — The standby guardian of the person of the respondent, Carlos R. F., the respondent's brother, seeks confirmation as the successor guardian of the person of the respondent pursuant to SCPA 1757 and the appointment of the respondent's former sister-in-law, Carmen L. F., and the respondent's niece, Desiree M. F., respectively, as the new standby and alternate standby guardians of the person of the respondent. By decree entered August 12, 1977, the respondent's parents were appointed guardians and the petitioner was appointed standby guardian of the person of the respondent. The respondent's parents are now deceased. Mental Hygiene Legal Service, First Judicial Department(MHLS) filed a report indicating it has no objection to the appointment of the petitioner as successor guardian of the person of the respondent or to the appointment of the presently nominated standby and alternate standby guardians.

Surrogate's Court, Bronx County

ESTATE OF WILLIAM LOPEZ

DECREE SIGNED: ESTATE OF WILLIAM LOPEZ (14/2176).

Surrogate's Court, Bronx County

ESTATE OF NAJEE TAHIR KHALID REYNOLDS, Deceased

ESTATE OF NAJEE TAHIR KHALID REYNOLDS, Deceased (14/1267) — By the return date of this proceeding by the infant decedent's mother seeking letters of administration, it appeared that the decedent's father had filed a waiver and consent to the application.

Surrogate's Court, New York County

ESTATE OF PATRICIA A BAGAY

ORDER SIGNED: ESTATE OF PATRICIA A BAGAY (14/3928); Paul Goldberg (14/3941).

Surrogate's Court, New York County

ESTATE OF EUGENIA FANELLI

ORDER SIGNED: ESTATE OF EUGENIA FANELLI (13/4334); Noel Kit Yuk Lam (14/2863); Jorge Ivan Vidro (14/2690); Arthur Seelen (00/4417); Rosina Albano Zinco (10/3041).

Surrogate's Court, Kings County

Estate of John Little

Order signed; 2014-1968 -Estate of John Little

Surrogate's Court, New York County

ESTATE OF RICHARD J. MCALLAN, Deceased

ESTATE OF RICHARD J. MCALLAN, Deceased (10/1383/B) — On October 14, 2014, the return date of this petition to compel the Administrator to account, the petition was granted. Respondent, Ira Goldberg, is ordered to file his account, petition for its judicial settlement, and any other submissions required to obtain the issuance of a citation in that accounting proceeding within 60 days of the date that this Decision is served upon him, with notice of entry. Respondent shall then cause citation to be issued and complete service to be made without undue delay, on all persons interested in the accounting proceeding pursuant to SCPA §2210.

Surrogate's Court, Kings County

Estate of Blaise Fitzpatrick

Order signed; 2006-592/A -Estate of Blaise Fitzpatrick: Order signed; 2010-1476/H -Estate of Veronica M Bruccoleri

Surrogate's Court, New York County

ESTATE OF NICHOLAS H. DEL VALLE, Deceased

ESTATE OF NICHOLAS H. DEL VALLE, Deceased (13/4196/B) — This unopposed application by a surviving spouse to extend her time to exercise her right of election in the estate of Nicholas Del Valle is granted.

Surrogate's Court, Bronx County

ESTATE OF JOANA MARIE GONZALEZ

ORDER SIGNED: ESTATE OF JOANA MARIE GONZALEZ (10/24/A); Giana Nicoli Proenzano (14/1946); Olivia Maria Guilford (13/1954); Jexsenia Iris Vega (09/1779/A); Johnathan Reyes (07/878/A); Christopher Joseph Amato (251G/01); Nicholas John Davidow (93G/07); Amber Renee Maxwell (157G/02).

Surrogate's Court, Bronx County

GUARDIANSHIP OF MARK ELIJAH-ALEXANDER MERPHY

DECREE SIGNED: GUARDIANSHIP OF MARK ELIJAH-ALEXANDER MERPHY (14/1908); Matthew Alexander Camacho (14/729); Marlene Michelle Deacetis (14/1401); Nisa Brown (14/1884); Jonathan Kyle Wethington (13/1170); Asia Brown (14/1882); Amira Brown (14/1883).

New York State, Court of Appeals

Robert Davis, et al., Appellants, v. James Boeheim, et al., Respondents., No. 145

Defamation Suit Revived Against Syracuse Basketball Coach

Practice Areas: Torts , Intentional Torts , Defamation

New York State, Court of Appeals

The People &c., Respondent v. Kenneth Moore, Appellant, No. 230 SSM 19

Practice Areas: Criminal Law , Civil Rights

New York State, Court of Appeals

The People &c., Respondent v. Daniel A. Ludwig, Appellant, No. 166

Practice Areas: Criminal Law , Evidence

New York State, Court of Appeals

The People &c., Respondent v. William Cullen, Appellant, No. 167

Practice Areas: Criminal Law , Evidence

District Court, Nassau County, Civil Term

Electrodiagnostic & Physical Med PC Assignee of Cristina Conde Sevilla, Plaintiff(s) v. Maya Assurance Co., Defendant(s), CV-016547-13

Res Judicata, Collateral Estoppel Prevent Defendant From Raising No-Fault Defense

Practice Areas: Civil Procedure

Supreme Court, Nassau County, Trial/IAS, Part 3

Posses & Chasan CPA'S PLLC, Plaintiffs v. Raj & Raj Realty, Ltd. d/b/a Singh Hospitality Group Defendants, 600532/14

Action That Is Not for a 'Sum Certain' Is Not Eligible for a Clerk's Judgment

Practice Areas: Civil Procedure , Judgments , Jurisdiction and Service of Process

Appellate Division, Third Department

In the Matter of Retired Public Employees Association, Inc., et al., Appellants v. Andrew Cuomo, as Governor of the State of New York, et al., Respondents, 517749

Effectuating Reduced State Contribution Rates Is in Compliance With Civil Service Law

Practice Areas: Administrative Law

Appellate Division, Third Department

St. Lawrence Factory Stores, Appellant v. Ogdensburg Bridge and Port Authority, Respondent, 517392

Proposed Construction of a Retail Factory Outlet at Ogdensburg Site Was Not Feasible

Practice Areas: Contracts , Breach

New York State, Court of Appeals

In the Matter of Eric Smith, Respondent v. Richard A. Brown, Appellant Kenneth Holder, &c, et al., Respondents, No. 168

The court reversed, holding that a four-month limitations period applies to CPLR article 78 prohibition proceedings and the petition here was filed more than two years after the mistrial was declared.

Practice Areas: Civil Rights , Criminal Law , Civil Procedure , Statute of Limitations

New York State, Court of Appeals

Joseph W. Powers, &c., Appellant v. 31 E 31 LLC, et al., Respondents, No. 153

Reversed. In this negligence case where plaintiff fell off the setback roof of an apartment building, defendants failed to demonstrate their entitlement to summary judgment on the grounds relied upon by the Appellate Division.

Practice Areas: Torts , Premises Liability , Landlord/Tenant Law , Residential and Commercial Real Estate

New York State, Court of Appeals

The People &c., Respondent, v. William O'Daniel, Appellant., No. 161

There was no obligation on the part of County Court to inquire as to whether defendant was seeking new counsel.

Practice Areas: Criminal Law , Civil Rights

New York State, Court of Appeals

The People &c., Respondent, v. Andrew Blake, Appellant., No. 158

Affirmed, the jury, if offered the opportunity, would have elected to draw an inference adverse to the prosecution as to what the missing video would have shown.

Practice Areas: Criminal Law

New York State, Court of Appeals

The People &c., Respondent v. Thomas Horton, Appellant, No. 163

Defendant immediately posted communications on the internet that the jury might have reasonably inferred were coded threats that were intended to induce the confidential informant not to testify.

Practice Areas: Criminal Law , Evidence

Appellate Division, Third Department

Samuel Saunders, Appellant-Respondent v. State of New York, Respondent-Appellant, 517699

Panel Upsets Inmate's Damages Award

Practice Areas: Torts , Liability

Appellate Division,
First Department

Matter of Lawrence S. 
Cumberbatch, 
an attorney 
and counselor-at-law, M-3744

Practice Areas: Legal Profession

Appellate Term, First Department

The People of the State of New York, Respondent v. Kristen Howard, Defendant-Appellant, 12-101

Court Says Environmental Messages on Rings Aren't Protected Speech, Unlicensed Street Vending Conviction Stands

Practice Areas: Constitutional Law

Supreme Court, Queens County, Part 35

William Kenny, Plaintiff v. Lillian Tung and Robert Prignoli, as Escrowee, Defendants, 8372/14

Seller Validly Cancelled Contract of Sale Pursuant to 'Escape-Hatch' Provision

Practice Areas: Contracts

Supreme Court, Kings County, Part 5

People of the State of New York Ex Rel. Amy Swenson, Esq. on behalf of Mario Mendoza, Appellant v. Joseph Ponte, Commissioner of the Department of Correction, Respondent, 14652/2014

Detention by Dept. of Correction Pursuant To Detainer Violates the Fourth Amendment

Practice Areas: Constitutional Law

Supreme Court, Kings County, IAS Term, Part Comm-1

Koryeo International Corp. and Steve Hong, Plaintiffs v. Kyung Ja Hong, Defendant, 500336/14

Corporation Has No Standing to Sue Its Former Sole Shareholder/Officer/Director

Practice Areas: Business Entities

Appellate Division, Third Department

In the Matter of Mark A. Scarselli, Petitioner v. New York State and Local Police and Fire Retirement System et al., Respondents, 517724

Injured Investigator Is Not Entitled to Accidental Disability Retirement Benefits

Practice Areas: Social Services Law

Appellate Division, Third Department

The People of the State of New York, Respondent v. Marcel N. Smith, Appellant, 105233

Valid Appeal Waiver Forecloses Review of Contention That Sentence Is Harsh, Excessive

Practice Areas: Criminal Law

Surrogate's Court, New York County

ESTATE OF SALLY GRANT MORSE, Deceased

ESTATE OF SALLY GRANT MORSE, Deceased. (13/1381) — This motion by decedent's sister, Nancy Mayer, seeking: (1) to disqualify the law firm of Kaye Scholer LLP from representing the proponent in this pre-objection probate proceeding, and (2) an Order expanding the time period about which discovery may be sought beyond that established in 22 NYCRR 202.27, was returnable before the court on October 7, 2014. At the call of the calendar, the court denied the motion in its entirety.

Surrogate's Court, New York County

ESTATE OF ANGEL RIJO

ORDER SIGNED: ESTATE OF ANGEL RIJO (11/2536/M).

Surrogate's Court, New York County

ESTATE OF HAROLD D. YOUNG, Deceased

ESTATE OF HAROLD D. YOUNG, Deceased. (13/3862/A) — At the call of the calendar on October 14, 2014, the court ruled as follows on Movant Phyllis Brooks' application to compel SCPA §1404 discovery.

Surrogate's Court, New York County

ESTATE OF RICHARD J. MCALLAN, Deceased

ESTATE OF RICHARD J. MCALLAN, Deceased, (10/1383/A) — At the call of the calendar on October 14, 2014, Petitioner, the Executor of the estate of Grace McAllan, decedent's mother and his sole distribute, withdrew the instant application for an extension of time to file a renunciation and the proceeding was discontinued (CPLR §3217[a]).

Surrogate's Court, New York County

ESTATE OF CHARLES G STACHELBERG

DECREE SIGNED: ESTATE OF CHARLES G STACHELBERG (94/1334/A).

Surrogate's Court, New York County

ESTATE OF TONY YUEN

DECREE SIGNED: ESTATE OF TONY YUEN (14/3730); Eleanor Suske (14/3238); Mariana Baranowski (14/1757/A); Parthenia Meyers (14/3683); Ara Derderian (14/2891); Loretta Friedman (14/3754); Patricia Louise Weber (14/2823); Sylvia Maizell (14/3538); Leola Blanding (12/944/A).

Surrogate's Court, New York County

ESTATE OF WILLIAM J. BASIE, Deceased

ESTATE OF WILLIAM J. BASIE, Deceased, (84/2195/C) — In a contempt proceeding commenced by Joy Rosenthal as successor trustee of the trust under the will of William J. Basie for the benefit of Diane L. Basie against her predecessor, Ronald L. Garnett, the court modifies its September 23, 2014 order, as follows. First, Mr. Garnett is directed to file by November 21, 2014, an account of his proceedings as trustee for the period from July 1, 1987, through December 28, 2012 (the latter being the date of the decision revoking his letters of trusteeship), together with a petition for its settlement. Second, the return day of the petition is adjourned to December 5, 2014. Such modification is on the consent of petitioner.

Surrogate's Court, New York County

ESTATE OF HAROLD ZERDIN

DECREE SIGNED: ESTATE OF HAROLD ZERDIN (14/3662); Stephen Pendleton Kramer (14/3830); Charles G Stachelberg (94/1334/B); Paula Herman (14/3614); Arthur Lilienthal (14/3624); Mary Middleton Gould (14/3838); Rhoda Glass (14/3547); Janice F Kaplan (14/3386); Harry L Hinson (14/3480); Zermoot Shamamian (14/3767); Fredda Richmond (14/2895); Irma S Jarcho (14/3815); Maria Da Conceicao Oliveira (14/3819); Dolores Kreisman (14/3745); Jack David Mezirow (14/3832); Candice H Ho (14/3765); Ruth Klurfeld (14/2630); Ripley S Odell (14/2429); William Saferstein (14/1548).

Surrogate's Court, New York County

ESTATE OF ROBERT H BERDOW

ORDER SIGNED: ESTATE OF ROBERT H BERDOW (14/3125); Aaron Thomas (14/3808); Victor Rafael Mendoza (14/3901).

Surrogate's Court, New York County

ESTATE OF WILFRED SCHUMAN

ORDER SIGNED: ESTATE OF WILFRED SCHUMAN (11/370).

Supreme Court, New York County

Maria E. Sikora, Plaintiff v. Earth Leasing Property Limited Liability Company, Defendant, 112279/11

Temperature Records Alone Not Enough to Rebut Injured Woman's Claim That Sidewalk Was Icy

Practice Areas: Torts

Supreme Court, New York County, Part 55

In the Matter of the Application of East River Housing Corporation, Petitioner v. New York State Division of Human Rights, Respondent, 101137/13

Court Bites State Agency in Dog Eviction Dispute

Practice Areas: Landlord/Tenant Law , Civil Rights

Appellate Division, First Department

Francisca Rodriguez, Plaintiff-Appellant v. Willie Woods, et al., Defendants, City of New York, Defendant-Respondent, 103679/09

Panel Revives Slip-and-Fall Lawsuit From Icy Sidewalk

Practice Areas: Landlord/Tenant Law , Torts , Personal Injury

District Court, Nassau County, Civil Term

Joseph Robert Torres, Plaintiff(s) v. Debbie Lopez, Defendant(s), CV-009965-13

Diamond Ring Given to Plaintiff Was Not Given in Contemplation of Marriage

Practice Areas: Torts

Supreme Court, Kings County, IAS Term, Part 66

Halnora Price, Plaintiff v. 609 East 40th Street, Inc., and Hazra Ali, Defendants, 8369/13

Landlord Must Correct Rent-Controlled Apartment's Defects, Restore It to Tenant

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, Criminal Term Part 10

The People of the State of New York, Plaintiff v. Freddie Watkins, Defendant, 1803/2013

Probable Cause Existed to Issue Search Warrant on iPhone's Recording of Car Stop

Practice Areas: Criminal Law