Decisions

State Court Decisions

Supreme Court, Queens County, Criminal Term: Part K-19

The People of the State of New York, Plaintiff v. Jahmar Jenkins, Ottis More and Lamont Smith, Defendants, 00868/2012

Officers Had Reasonable Grounds to Believe There Was an Emergency at Hand

Practice Areas: Criminal Law

Supreme Court, Queens County, Matrimonial Part 51

WEI Jiang Sun, Plaintiff v. Yong Jian Li, Defendant, 11210/2009

Court Caps Child Support Award at $136,000 Of Combined Parental Income

Practice Areas: Family Law , Custody and Child Support

Appellate Division, First Department

In re Mary Encarnacion Grant, Petitioner-Respondent v. The New York City Housing Authority, Respondent-Appellant, 11690; 106199/11

Panel Restores Eviction of NYC Family From Public Housing

Practice Areas: Landlord/Tenant Law

Supreme Court, New York County, Part 45

Richard Caraballo, et al., Plaintiffs v. The Art Students League of New York, et al., Defendants, 650522/14

Ruling Clears Way for Tower Over City Landmark Building

Practice Areas: Residential and Commercial Real Estate

Supreme Court, Queens County, Civil Term, IAS Part 34

J. B. Custom Masonry & Concrete, Inc., Plaintiff v. Kim Sutera, Defendant, 19925/2011

Homeowner Complied With Lien Law §19(4), Granted Discharge of Mechanic's Lien

Practice Areas: Residential and Commercial Real Estate , Contracts

Civil Court, Kings County, Housing Part E

102 Albermarle Associates, LLC, Petitioner-Landlord v. Samjeev Mehandru, Vimmi Mehandru, Respondents-Tenants, "John Doe" and/or "Jane Doe", Respondents-Undertenants, 093429/2013

Tenant Showed Discrepancies Occurred To Constitute 'Colorable Claim of Fraud'

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, I.A.S Part 32

In The Matter of the Application of Busya Levenkova, Petitioner v. New York State Division of Housing and Community Renewal, Respondent, 5341/2013

DHCR Had Rational Basis to Deny Tenant's PAR of Order Granting Owner Rent Restoration

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Part F

418 West 130th St., LLC, Petitioner v. Susie Rawlings, Respondent, 71596/13

RPL §235-f Does Not Give Landlord Affirmative Cause of Action to Recover Possession

Practice Areas: Landlord/Tenant Law

Appellate Term, First Department

1234 Broadway LLC, Petitioner-Appellant v. Kai Huang and Bi Huang, Respondents-Respondents, and "John and/or Jane Doe," Respondents-Occupants, 570578/10

Proposed Intervenors Should Have Been Denied Leave to Answer; Landlord Granted Possession

Practice Areas: Landlord/Tenant Law

District Court, Nassau County, Civil Part 1

Upper East Side Surgical, P.L.L.C., a/a/o Rita R. Munlyn, Plaintiff(s) v. State Farm Insurance Company, Defendant(s), CV-050076-10

Court Lacks Power to Grant Provider Extension to File For Trial de Novo

Practice Areas: Civil Procedure , Insurance Law , Alternative Dispute Resolution

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

John Messina, Plaintiff v. Armaghan Anvarzadeh and Shahad Naim, Defendants, 17029/10

Plaintiff Fails to Raise Triable Issues if He Sustained 'Serious Injury' Under §5102(d)

Practice Areas: Insurance Law

Supreme Court, Kings County, Commercial Division Part 1

Zalman Skoblo, as Nominee of the Gama Trust, Plaintiff v. L&M Naden Corp., Defendant, 500191/11

Failure to Show Meritorious Action Denies Motion to Restore Proceeding to Calendar

Practice Areas: Civil Procedure , Contracts , Legal Profession

Appellate Term, First Department

Ansonia Associates Limited Partnership, Petitioner-Landlord-Appellant v. Marieliz Unwin, Respondent-Tenant-Respondent, -and- John or Jane Doe, Respondent-Undertenant, 570033/14

Tenant's Information in Tax Returns But One Factor in Non-Residence Holdover Proceeding

Practice Areas: Landlord/Tenant Law

Civil Court, Kings County

Law Office of Thaniel J. Beinert, Plaintiff v. Inna Litinskaya, Defendant, 53078/05

Firm Chastised for 'Totally Inappropriate' Bills for Novice Counsel

Practice Areas: Landlord/Tenant Law , Legal Profession , Attorney Fee Recovery

Criminal Court, New York County, Part D

The People of the State of New York, Plaintiff v. Jacqueline Jordan, Defendant, 2013NY076424

Judge Allows Mom's Arrest for Locking Up Own Children

Practice Areas: Criminal Law

County Court, Nassau County, Crim. Term: Part 9

The People of the State of New York, Plaintiff v. Ronald Bower, Defendant, 79000-1991

Defendant Assessed Level 3 Sexually Violent Offender; Downward Departure Unwarranted

Practice Areas: Criminal Law

Surrogate's Court, Nassau County

In the Matter of the Application of Neal Yarm for a Construction, Pursuant to SCPA 1420, of Article Third of the Last will and Testament of Selma Yarm, Deceased, 2012-371314/B

Beneficiary Granted Leave to Amend Petition For Construction of Decedent's Last Will

Practice Areas: Trusts and Estates

Supreme Court, Kings County, Criminal Term Part 22

The People of the State of New York, Plaintiff v. Lynden Lobban, Defendant, 12477/96

Newly Discovered Evidence 'Incredible,' Unlikely To Result in Verdict That Was More Favorable

Practice Areas: Criminal Law

Supreme Court, Kings County, Criminal Term Part 30

The People of the State of New York, Plaintiff v. Eric Dancy, Defendant, 4311/13

Defendant Fails to Show Violation of CPL §30.30; Motion to Be Released Denied

Practice Areas: Criminal Law

Surrogate's Court, Nassau County

ESTATE OF ANNE M.M.W.

ESTATE OF ANNE M.M.W., (3452) — This is an application by an adult, who was adopted as an infant in 1951, to unseal adoption records, based upon medical necessity. Applicant is now sixty-seven years of age. Her previous application for non-identifying information resulted in an order of this court dated August 3, 2012, pursuant to which the applicant was provided with the non-identifying information contained in her adoption file. No medical information is contained in the adoption file.

Appellate Term, First Judicial Department

1809-15 7TH AVENUE HDFC v. ARTHUR, NORA; 1058 THIRD AVENUE ASSOCIATES v. ZUMAN, LYNN JOAN; APPLICATION COMMISSIONER DEPT HOUSING/438 WEST 164 STREET; FINKELSTEIN NEWMAN FERRARA v. PARS AUTO BODY & BOUKANI, FARHAD; CLOZEL, THOMAS & LABBE, CHINE v. JALISI, HASAN & AZRA; NYCHA

1809-15 7TH AVENUE HDFC v. ARTHUR, NORA; 1058 THIRD AVENUE ASSOCIATES v. ZUMAN, LYNN JOAN; APPLICATION COMMISSIONER DEPT HOUSING/438 WEST 164 STREET; FINKELSTEIN NEWMAN FERRARA v. PARS AUTO BODY & BOUKANI, FARHAD; CLOZEL, THOMAS & LABBE, CHINE v. JALISI, HASAN & AZRA; NYCHA — MORRIS HOUSES v. FARRIOR, KIMKECHA — Ex-parte applications are declined.

Appellate Term, First Judicial Department

PVP MANAGEMENT CORP v. HURLEY, JOSEPH

PVP MANAGEMENT CORP v. HURLEY, JOSEPH — It is Ordered that land-res. motion is denied as moot.

Appellate Term, First Judicial Department

MSMC RESIDENTIAL REALTY, LLC v. CP AT MADISON AVENUE INC

MSMC RESIDENTIAL REALTY, LLC v. CP AT MADISON AVENUE INC — Stipulation "So Ordered": Appeal is adjourned to the May 2014 term of the Court.

Appellate Term, First Judicial Department

BROWNSTONE PARTNERS L.P. v. SLUPINSKI, MARK ZBIGNIEW

BROWNSTONE PARTNERS L.P. v. SLUPINSKI, MARK ZBIGNIEW — It is Ordered that landlord-respondent's motion to vacate the stay is denied.

Appellate Term, First Judicial Department

WASHINGTON, WILLIS C. v. MANHATTAN AUTOMOBILE REPAIR INC

WASHINGTON, WILLIS C. v. MANHATTAN AUTOMOBILE REPAIR INC It is Ordered that defendantappellant's motion is denied.

Appellate Term, First Judicial Department

HARMONIC PHYSICAL THERAPY, A/A/O MARC JEANTY v. PRAETORIAN INS CO

HARMONIC PHYSICAL THERAPY, A/A/O MARC JEANTY v. PRAETORIAN INS CO. — Stipulation "So Ordered": Appeal is discontinued.

Appellate Term, First Judicial Department

PEOPLE v. VASQUEZ, ISMAEL; HAMMOND, TOMMIE; HAIDARA, ELHADI; TOSCANO, RAYMOND; LARACUENTE, LUIS M.; GARCIA, MARIA; CLEMENTE, VANCE; RAHMAN, MD; LEWOCZ, MACIE; BRXTON, JUSTIN; ZAPATA, ERIC; KING, RONALD; BURRIS, HAS; DOUGENGAR, WILLIAM; ANDERSON, MALCOLM; NUNEZ, ALEXIS; WARREN, MARK; ZAKHAROV, ROMAN; RODRIGUEZ, JUAN; HUSSEN, LABAN; GUEYE, LATYR; SAEZ, WILLIAM; SMITH, GREGORY; BOBIAN, DEVON; DIOP, MAMA

PEOPLE v. VASQUEZ, ISMAEL; HAMMOND, TOMMIE; HAIDARA, ELHADI; TOSCANO, RAYMOND; LARACUENTE, LUIS M.; GARCIA, MARIA; CLEMENTE, VANCE; RAHMAN, MD; LEWOCZ, MACIE; BRXTON, JUSTIN; ZAPATA, ERIC; KING, RONALD; BURRIS, HAS; DOUGENGAR, WILLIAM; ANDERSON, MALCOLM; NUNEZ, ALEXIS; WARREN, MARK; ZAKHAROV, ROMAN; RODRIGUEZ, JUAN; HUSSEN, LABAN; GUEYE, LATYR; SAEZ, WILLIAM; SMITH, GREGORY; BOBIAN, DEVON; DIOP, MAMA — It is Ordered that said appeal is dismissed.

Appellate Term, First Judicial Department

MEGAN HOLDING LLC v. CONASON. JULIE & BRYANT, GEOFF

MEGAN HOLDING LLC v. CONASON. JULIE & BRYANT, GEOFF — Stipulation "So Ordered": Appeal is adjourned to the June 2014 term of the Court.

Surrogate's Court, New York County

ESTATE OF BEVERLY GAIL ISIS

DECREE SIGNED: ESTATE OF BEVERLY GAIL ISIS (14/1172); Bernice Wolf (14/1091); Eneida Kennedy (14/1222); Angela M Wu (13/4480/A); Olga Amada Villamarin (14/406).

Surrogate's Court, New York County

ESTATE OF IRMA CROLL

ORDER SIGNED: ESTATE OF IRMA CROLL (83/0735/E)(3); Irma Croll (83/0735/F)(3); Irma Croll (83/0735/D) (3); Edythe Feinberg (04/2511/B).

Surrogate's Court, New York County

ESTATE OF CHAIM WEISBERG, Deceased

ESTATE OF CHAIM WEISBERG, Deceased. (12/3470) — Competing petitions for administration are pending in the estate of Chaim Weisberg, who died intestate on August 29, 2012, at the age of 46. A petition filed by decedent's sister, Chana Weisberg Berkowitz ("Berkowitz"), as designee of decedent's mother, claims that decedent was unmarried at the time of his death and that his mother is his sole distributee. A cross-petition filed by Jannah Geaney ("Geaney" or "movant") claims that she was legally married to decedent and is therefore his sole distributee. Geaney moves for a summary determination that she is decedent's surviving spouse, a threshold issue for entitlement to letters of administration (SCPA §1001).

Surrogate's Court, New York County

ESTATE OF PAUL BROFFMAN

ORDER SIGNED: ESTATE OF PAUL BROFFMAN (13/2536/C); Walter Peine (08/3989/A).

Surrogate's Court, New York County

ESTATE OF GILBERT SCOTT-HERON

ORDER SIGNED: ESTATE OF GILBERT SCOTT-HERON (11/2283/H).

Surrogate's Court, New York County

ESTATE OF IRMA CROLL

ORDER SIGNED: ESTATE OF IRMA CROLL (83/0735/G)(3).

Surrogate's Court, New York County

GUARDIANSHIP OF MARIE H ROBERTSON

DECREE SIGNED: GUARDIANSHIP OF MARIE H ROBERTSON (86/3757/D).

Surrogate's Court, New York County

ESTATE OF ARNOLD S ROSS

ORDER SIGNED: ESTATE OF ARNOLD S ROSS (13/744/B).

Surrogate's Court, New York County

ESTATE OF HEDWIG M HASSE

ORDER SIGNED: ESTATE OF HEDWIG M HASSE (86/5464/A).

Surrogate's Court, New York County

ESTATE OF H SIDNEY HOLMES III

ORDER SIGNED: ESTATE OF H SIDNEY HOLMES III (13/2048/A).

Surrogate's Court, New York County

ESTATE OF NANCY SHERIFF

ORDER SIGNED: ESTATE OF NANCY SHERIFF (14/554); Romulo Capellan (12/260/A); Keith Colin Ward (14/1307); Judith Peers (14/1133/A); Kathleen Kardaras (14/1301).

Surrogate's Court, New York County

ESTATE OF JEAN BACH

DECREE SIGNED: ESTATE OF JEAN BACH (13/2239).

Surrogate's Court, New York County

ESTATE OF SY SYMS, Deceased

ESTATE OF SY SYMS, Deceased. (09/4494) — In this contested probate proceeding in the estate of Sy Syms, good cause having been shown, the application of counsel for objectant, Richard Syms, seeking permission to withdraw is granted. However, counsel's application for a "Court Ordered Retaining lien on the file" is denied as unnecessary, since a court order is not required to assert a retaining lien in the first instance (see e.g. Matter of Martin, 36 Misc 2d 1020 (Sur Ct, Kings County 1962) (refusing to direct discharged attorney to turn over papers to executrix in the absence of a proceeding to fix attorneys' fees). Proponent's request that counsel's withdrawal be conditioned in several respects is also denied. Such affirmative relief should have been sought by crossmotion (CPLR 2215; see e.g. Flores v. Flores, 22 AD3d 372 [1st Dept 2005]) and, in any event, is without merit.

Surrogate's Court, New York County

ESTATE OF JANA SCHUPF

DECREE SIGNED: ESTATE OF JANA SCHUPF (14/6).

Surrogate's Court, Nassau County

ESTATE OF SELMA YARM, Deceased

ESTATE OF SELMA YARM, Deceased, (12/371314/B) — Before the court is an amended motion filed by Neal Yarm for leave to amend his petition for construction of decedent's will pursuant to SCPA 1420.

Appellate Division, Third Department

Matter of Smith v. NYS Office of the Attorney General, 517176

AG's Press Strategy Memos Exempt From FOIL, Panel Rules

Practice Areas: Appellate Law - Civil , Contracts , Performance

Appellate Division, Third Department

Rose v. Tee-Bird Golf Club, 516687

Panel Allows Lawsuit Over Golf Cart Accident

Practice Areas: Torts , Personal Injury , Liability

Appellate Division, Second Department

People v. Ilia Velcher, 10648/10

Panel Faults Failure to Give Intoxication Charge to Jury

Practice Areas: Appellate Law - Criminal

Appellate Division, First Department

People v. Scott Barden, 2448/10

Credit Card Use Was Not 'Identity Theft,' Court Determines

Practice Areas: Criminal Law

Supreme Court, Broome County

Soghanalian v. Young, 2012-1120

Missing Mercedes Gullwing Is at Center of Fraud Case

Practice Areas: Civil Procedure , Pre-trial Procedure , Contracts , Fraud (Contracts)

Supreme Court, Westchester County

The People of the State of New York, Plaintiff v. Vittorio Ciraco, Defendant, 11-6117M

DOP Granted Petition to Enlarge Probation Conditions Prohibiting Transfer of Firearm

Practice Areas: Criminal Law

Family Court, Queens County

In the Matter of the Adoption of Children Whose First Names Are J.J., H.C., A-19-20/14

Illegality of Surrogacy Contracts Not Bar To Adoption; Petition Approved if Criteria Met

Practice Areas: Family Law

Surrogate's Court, Kings County

In the Matter of the Judicial Settlement of the Account of John Bruccoleri as Executor of the Estate of Veronica Bruccoleri, Deceased, 2010/1476D

Executor's Attorney Granted Motion to Be Relieved as Counsel

Practice Areas: Trusts and Estates

Criminal Court, Kings County, Part DV1

The People of the State of New York, Plaintiff v. Michael H.1, Defendant, 2012KN043313

Court Finds Police Stop, Frisk Illegal; Fruits of Search Granted Suppression

Practice Areas: Criminal Law

Surrogate's Court, New York County

In the Matter of the Application for Termination of a Trust created under Paragraph (b) (2) of Article Fifth of the Last Will and Testament of Eleanor Wood Zara, Deceased, 2013/4002

Petitioners' Request for Early Termination Of Trust as No Longer Economical Rejected

Practice Areas: Trusts and Estates

Appellate Term, 9th & 10th Judicial Districts

The People of the State of New York, Respondent v. Jian Long Shi, Appellant, 2012-2077 RO CR

Panel Finds Defendant Received Ineffective Assistance of Counsel, Reverses Judgment

Practice Areas: Criminal Law

Surrogate's Court, Kings County

ALEJANDRO ESTRELLA, plf., v. CARMEN Y. MORALES, AS ADMINISTRATOR OF THE ESTATE OF HECTOR MADERA, def.

ALEJANDRO ESTRELLA, plf., v. CARMEN Y. MORALES, AS ADMINISTRATOR OF THE ESTATE OF HECTOR MADERA, def. (04/1913A) — In the contested motion, Carmen Y. Morales (the defendant) moves, inter alia, to vacate the Note of Issue and Certificate of Readiness filed in the underlying action by Alejandro Estrella (the plaintiff), on the grounds that discovery has not yet been completed. The plaintiff opposes the motion to vacate, asserting that the motion is untimely and that no special or unusual circumstances exist to justify granting the motion in light of the delay.

Appellate Term, First Judicial Department

PEOPLE v. VASQUEZ, ISMAEL; HAMMOND, TOMMIE; HAIDARA, ELHADI; TOSCANO, RAYMOND; LARACUENTE, LUIS M.; GARCIA, MARIA; CLEMENTE, VANCE; RAHMAN, MD; LEWOCZ, MACIE; BRXTON, JUSTIN; ZAPATA, ERIC; KING, RONALD; BURRIS, HAS; DOUGENGAR, WILLIAM; ANDERSON, MALCOLM; NUNEZ, ALEXIS; WARREN, MARK; ZAKHAROV, ROMAN; RODRIGUEZ, JUAN; HUSSEN, LABAN; GUEYE, LATYR; SAEZ, WILLIAM; SMITH, GREGORY; BOBIAN, DEVON; DIOP, MAMA

PEOPLE v. VASQUEZ, ISMAEL; HAMMOND, TOMMIE; HAIDARA, ELHADI; TOSCANO, RAYMOND; LARACUENTE, LUIS M.; GARCIA, MARIA; CLEMENTE, VANCE; RAHMAN, MD; LEWOCZ, MACIE; BRXTON, JUSTIN; ZAPATA, ERIC; KING, RONALD; BURRIS, HAS; DOUGENGAR, WILLIAM; ANDERSON, MALCOLM; NUNEZ, ALEXIS; WARREN, MARK; ZAKHAROV, ROMAN; RODRIGUEZ, JUAN; HUSSEN, LABAN; GUEYE, LATYR; SAEZ, WILLIAM; SMITH, GREGORY; BOBIAN, DEVON; DIOP, MAMA — It is Ordered that said appeal is dismissed.

Surrogate's Court, Richmond County

GEORGE H. STYZEAK, JR

ORDERS SIGNED: MATTER OF GEORGE H. STYZEAK, JR.; Mary C. Styzeak; Barbara Rossitto; Faina Kanevskaya; Anatoliy Kanevski; & William J. Vitiello.

Surrogate's Court, Richmond County

ESTATE OF GEORGE ANDERSEN, A/K/A GEORGE N. ANDERSEN, Deceased

ESTATE OF GEORGE ANDERSEN, A/K/A GEORGE N. ANDERSEN, Deceased. (P/201/04/A) — This is an application by the limited executrix of the estate to modify the limitations contained in the Limited Letters Testamentary issued by this Court on May 26, 2004, so as to enable her to compromise a wrongful death/ conscious pain and suffering cause of action on behalf of the decedent.

Surrogate's Court, Richmond County

JOSEPH MARESCA

DECREES SIGNED: MATTER OF JOSEPH MARESCA; John Blanti; John Hynes; Thelma Aronowitz; William F. Martin, Jr.; Mary Barnowsky; Brian R. Felline; Frank W. Scarangello, Sr.; James Maniscalco; Domenica Ferrara Lee; Rosemarie Basile; & Joanne Gallo.

Surrogate's Court, Richmond County

ESTATE OF HOWARD WILLIAMS, Deceased

ESTATE OF HOWARD WILLIAMS, Deceased. (12/321/A) — In this accounting proceeding, it appears that unknown distributees, and distributees whose whereabouts are unknown exist, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).

Surrogate's Court, Richmond County

ESTATE OF HELEN WICHART, Deceased

ESTATE OF HELEN WICHART, Deceased. (13/458/A) — Petitioner, the nominated successor executrix, seeks to admit to probate a testamentary instrument, dated June 28, 2007, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to her. The nominated primary executor is ineligible pursuant to SCPA 707, 1(b).

Surrogate's Court, Richmond County

ESTATE OF HELENE BAKER, Deceased

ESTATE OF HELENE BAKER, Deceased. (P/118/88/C) — In this contested proceeding for the appointment of a Successor Trustee, pursuant to EPTL 7-2.3, a stipulation concerning the appointment of a Temporary Limited Successor Trustee has been filed with this Court. The stipulation has been executed by all interested parties and their counsel, as well as the appointed Guardian ad Litem on behalf of infant remaindermen.

Surrogate's Court, Richmond County

ESTATE OF SYLVIA MORMINO, Deceased

ESTATE OF SYLVIA MORMINO, Deceased. (10/1148/A) — The Limited Administratrix of this estate has petitioned this Court to modify the limitations contained in the Limited and Restricted Letters of Administration issued by this Court on December 17, 2010, so as to enable her to compromise a wrongful death/ personal injury cause of action on behalf of decedent.

Surrogate's Court, Richmond County

SAMANTHA M. LAMBERTI; Philip M. Marino; Maaziah D

GUARDIANSHIPS SIGNED: SAMANTHA M. LAMBERTI; Philip M. Marino; Maaziah D. Martinez; Victoria A. McCoy; Casey McQuillen; Joseph Messiha; Ralph J. Morelli; Sean E. Mullins; Nicole Nelson; Edward Nelson; Toni D. Pierre; & Kayla Ryan.

Surrogate's Court, New York County

ESTATE OF PEGGY MAULL, Deceased

ESTATE OF PEGGY MAULL, Deceased (12/3522/A) — At the call of the calendar on April 4, 2014, the court directed that this petition for letters of administration be held in abeyance pending the conclusion of the proceeding to probate a will of the decedent, which was commenced on February 14, 2014.

Surrogate's Court, New York County

ESTATE OF EDWARD BARON COHEN, Deceased

ESTATE OF EDWARD BARON COHEN, Deceased (09/3556/D) — On April 4, 2014, the return date of these petitions to compel accountings, the petitions were granted on consent. Respondents are ordered to file their accounts, petitions for their judicial settlement, and any other submissions required to obtain the issuance of a citation in each of those accounting proceedings within 60 days of the date that this Decision and Order is served upon them, with notice of entry. Respondents 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, New York County

ESTATE OF SALVATORE STIVALA, Grantor

ESTATE OF SALVATORE STIVALA, Grantor (11/286/B) — On April 1, 2014, the return date of this petition to compel an accounting, the petition was granted. Respondent Victoria Stivala, trustee of an inter vivos revocable trust created by decedent, as grantor, under a written agreement dated January 18, 2000, as amended on April 30, 2003, and September 3, 2003, is ordered to file her account, a 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 and Order is served upon her, with notice of entry. Respondent shall then cause a 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, New York County

ESTATE OF MATHIAS GUERRAND A/K/A MATHIAS GUERRAND-HERMES, Deceased

ESTATE OF MATHIAS GUERRAND A/K/A MATHIAS GUERRAND-HERMES, Deceased, (11/0911A) — In this discovery proceeding (SCPA §2103) commenced by the administrator of the estate of Mathias Guerrand ("decedent"), seeking information as to certain assets possibly being withheld from the estate and turnover of other assets, the administrator now moves for partial summary judgment, seeking a declaration that funds currently held in two escrow accounts are property of the estate and should be turned over to the administrator.

Surrogate's Court, New York County

ESTATE OF FAY PHILLPOTTS, Deceased

ESTATE OF FAY PHILLPOTTS, Deceased. (11/995/B) — At the call of the calendar on April 4, 2014, counsel for Petitioner, the Department of Social Services of the City of New York, sought to have the matter discontinued. On the consent of the only party who has appeared as a Respondent in this proceeding, Khalilah Bates, the court marked the matter discontinued.

Surrogate's Court, New York County

ESTATE OF EDWARD BARON COHEN, Deceased

ESTATE OF EDWARD BARON COHEN, Deceased (09/3556/C)

Surrogate's Court, New York County

ESTATE OF DAVID BARRETT, Deceased

ESTATE OF DAVID BARRETT, Deceased. (09/0144/A) — In this final accounting by Steven G. Sonet and John Miller as co-executors of the estate of David Barrett, beneficiary Richard Barrett ("movant") moves for an order: (i) setting aside his release, discharge and approval of the co-executors' intermediate account; (ii) compelling the production of certain documents; (iii) compelling the co-executors to account for the assets of two corporations owned by decedent; and (iv) compelling John Miller to account for his actions as decedent's attorney-in-fact.

Family Court, Queens County

In the Matter of the Adoption of Children Whose First Names Are J.J. H.C., A-19-20/14

Surrogacy Shouldn't Block Adoption, Court Determines

Practice Areas: Family Law

Appellate Division, First Department

Caprio v. NYS Department of Taxation, 651176/11

Panel Says Corporate Tax Can't Be Applied Retroactively

Practice Areas: Taxation

Supreme Court, Nassau County, Trial/IAS Part 9

Agencies for Children's Therapy Services, Inc., Plaintiff v. New York State Department of Health and Andrew M. Cuomo, in his official capacity as Governor of the State of New York, Defendants, 15763/12

Department of Health Overstepped Its Bounds in Imposing Regulations for Childhood Early Intervention Providers That Had Been Rejected by the Legislature

Practice Areas: Health Law

Supreme Court, Nassau County, Trial/IAS Part 3

In the Matter of the Application of Horton Jenkins and Kim Jenkins, Plaintiffs v. Mark A. Hobbs and Karen Webster Hobbs, Defendants, 1541/12

Buyers Granted Dismissal of Seller's Breach Of Contract Action, Denied Sanctions or Fees

Practice Areas: Contracts , Residential and Commercial Real Estate , Civil Procedure

Supreme Court, Nassau County, Trial/IAS Part: 15

John M. Ferolito and JMF Investments Holdings, Inc., Plaintiffs v. Arizona Beverages USA LLC, AZ National Distributors LLC, Arizona Beverage Company LLC, Arizona International, LLC, Defendants, 004058-12

Court Finds Shareholders in AriZona Entities Not Entitled To $200 Million Interim Award

Practice Areas: Business Entities

Supreme Court, Kings County, Commercial Division Part 1

Sara Alexandra McCord, et al., Plaintiff v. Mahmoud Ghazal, Defendant, 507026/2013

Court Permitted to Correct Counsel's Mistake Made in E-Filing System; Dismissal Denied

Practice Areas: Civil Procedure

Supreme Court, Kings County, Part 59

Andrea Diaz, Plaintiff v. New York Comprehensive Cardiology, PLLC and Sanjeev Palta, M.D., Defendants, 12352/11

Nothing to Suggest Counsel Not Acting in Good Faith in Seeking Withdrawal; Motion Granted

Practice Areas: Legal Profession , Civil Procedure

Supreme Court, New York County, IAS Part 17

Sarah Schottenstein, Plaintiff v. Windsor Tov LLC, Bellmarc Property Management Services, Inc., Douglas Elliman, LLC, and Board of Managers of Windsor Park Condominium, Defendants, 600661/2007

Owner's Joined Claims in Law, Equity Arise From Same Transaction; Jury Trial Waived

Practice Areas: Contracts

Supreme Court, New York County, IAS Part Three

Turner Construction Company, Petitioner v. J&A Concrete Corporation, Respondent, 654056/2013

Prompt Payment Act Does not Support Subcontractor's Position; Arbitration Stayed

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Business Entities

Supreme Court, Suffolk County, IAS Part 21

Wells Fargo Bank N.A., Plaintiff v. Michele Chester, People of the State of New York, Defendants, 10436-09

Confirmation of Court's Oral Dismissal Of Action, Claims of Extrinsic Fraud Rejected

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Supreme Court, Nassau County, Trial/IAS Part 3

Rose Gbajumo, Plaintiff v. Kevin Mecchella and Joseph Mecchella, Defendants, 8217/12

Only Permissible Inference Is Accident Caused Entirely by Rear-End Collider's Negligence

Practice Areas: Torts , Motor Vehicles

Supreme Court, Kings County

Debra Laundry, Plaintiff v. Daniell Bolton, Professional Charter Service, Inc. and Consolidated Bus Transit, Inc., Defendants, 708/09

Leave to Amend Answer to Assert Affirmative Defenses on Eve of Trial Prejudicial, Denied

Practice Areas: Civil Procedure

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

Alice Guzzone and Nicholas Guzzone, Plaintiffs v. Masluf Realty Corp., et al., Defendants, 501951/2013

Existence of Factual Issues Preclude Granting Summary Judgment in Lieu of Complaint

Practice Areas: Residential and Commercial Real Estate

Civil Court, Bronx County, Housing Part Trial/IAS Part D

823 East 147th Street Housing Development Fund Corporation, Petitioner-Landlord v. Andrea Hinnant, Respondent-Tenant -and- Jane Doe and John Doe, Respondents-Undertenants, L&T 051880/2013

HDFC So Intertwined With Government Tenant Cannot Be Evicted Absent Valid Cause

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Housing Part P

G&L Holding Corp., Petitioner-Landlord v. JR Gonzalez, Respondent-Tenant "John Doe" and "Jane Doe" Respondents-Undertenants, L &T 71920/2012

Tenant Did Not Forfeit Primary Residence Status From Temporary Absence While in Jail

Practice Areas: Landlord/Tenant Law

Surrogate's Court, New York County

ESTATE OF MARIE H. ROBERTSON, Grantor

ESTATE OF MARIE H. ROBERTSON, Grantor. (86/3757/E) — At the call of the calendar, this uncontested application for the appointment of a successor trustee of the trust established by Marie H. Robertson on December 3, 1969, was granted.

Appellate Term, Second Judicial Department

FLATBUSH CHIROPRACTIC, P.C. A/A/O EZEKWESILI v. STATE FARM MUT. AUTO. INS. CO

2011-00822 K C. FLATBUSH CHIROPRACTIC, P.C. A/A/O EZEKWESILI v. STATE FARM MUT. AUTO. INS. CO — Appeal is withdrawn by stipulation.