Decisions

State Court Decisions

District Court, Nassau County, Criminal Part 3

The People of the State of New York, Plaintiff(s) v. Oscar Luna-Hernandez, Defendant(s), 2013NA020451

Court Rules Surety Fails to Show Compelling Circumstance for Remission of Bail Forfeiture

Practice Areas: Criminal Law

Surrogate's Court, Nassau County

In the Matter of the Administrations of the Estate of Suzanne G. Fairhurst, Deceased, Caseindex_

Court Declines to Entertain Petition for Letters Based on Doctrine of Equitable Adoption

Practice Areas: Trusts and Estates , Family Law

Supreme Court, Nassau County, TRIAL/IAS Part 32

In Re Long Island Power Authority Hurricane Sandy Litigation, 601434/13

Utility's Motions to Dismiss Injunctive Relief, Class Action Certification Denied as Premature

Practice Areas: Civil Procedure , Class Actions

Supreme Court, Bronx County

Serina Lopez, Plaintiff(s) v. The New York City Department of Education, and the New York City Police Department, Defendant(s), 20288/04

DOE's Own Evidence Precludes Summary Judgment on Negligent Supervision Claim

Practice Areas: Labor and Employment , Education Law , Torts

Supreme Court, New York County, Part 5

Perini Corporation, Plaintiff v. City of New York (Honeywell Street and Queens Boulevard Bridges) Defendant, 601720/03

City Denied Reargument of Motion to Dismiss Its Defenses, Counterclaims Based on Fraud

Practice Areas: Contracts , Civil Procedure

Appellate Term, 2nd, 11th & 13th Judicial Districts

Vincent J. Lanuto, Jr., Respondent v. Jennifer Anne Vargas and David Vargas, Appellants, -and- "John Doe" and "Jane Doe", Undertenants, 2012-1036 Q C

Panel Rules Civil Court Should Have Stayed Instant Suit Pending Supreme Court Action

Practice Areas: Landlord/Tenant Law , Residential and Commercial Real Estate , Trusts and Estates

Court of Claims, New York County

Bernard Sebastian, Claimant(s) v. The State of New York, Defendant(s), 108919

Practice Areas: Torts

Supreme Court, Bronx County, IAS 7

Deutsche Bank National Trust Company, as Trustee for FFMLT 2006-FF13, Plaintiff v. Samuel Lopez, Ana Lopez, et. al., Defendant, 380910/11

Bank's Failure to Show Strict Compliance With Condition Precedent Requires Dismissal

Practice Areas: Residential and Commercial Real Estate

Supreme Court, Nassau County, Trial/IAS Part 3

Sagorica Rudra, Plaintiff v. Steven H. Friedman & Rebecca R. Friedman, Defendants, 6916/13

Defendants Granted Leave to Interpose Defense on Serious Injury, Damages Issues

Practice Areas: Civil Procedure

Civil Court, Kings County, Housing Part H

332 EDC Realty Corp., Petitioner v. Daryl Barlow, Respondents, L&T 88153/2013

Court Orders Landlord to Accept Tenant's Checks, One Dollar Bill as Arrears Payment

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, IAS Term, Part 47

Chang Yi Chen, Plaintiff v. Zhen Huang, Esq. a/k/a Jackie Huang, Esq., Defendant, 3847/12

Malpractice Claim Denied Dismissal as Client Adequately Pleaded Some Cognizable Damages

Practice Areas: Legal Profession , Residential and Commercial Real Estate , Contracts

Supreme Court, New York County, Part 54

Capitol Records, LLC, Plaintiff v. Harrison Greenwich, LLC d/b/a the Harrison, Defendant, 652249/2012

Statute of Limitations Issue in Common Law Copyright Infringement Suit Held in Abeyance

Practice Areas: Intellectual Property

Supreme Court, New York County, Part 47

Brad H., et al., Plaintiffs v. The City of New York, et al., Defendants, 117882/99

Judge Extends Mandate to Aid Mentally Ill City Inmates

Practice Areas: Civil Rights

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

The People of the State of New York, Plaintiff v. Aubrey Armstrong, Defendant, N10397/13

Judge Overturns Drug Conviction Over Court Officer's Remark to Juror

Practice Areas: Criminal Law

Supreme Court, Monroe County

Christine A. Clements, Plaintiff v. Kent B. Clements, Defendant, 09-12512

Delay Tactic Leaves Husband Liable for Ex-Wife's Legal Fees

Practice Areas: Family Law

Supreme Court, Dutchess County

In the Matter of the Application of Oismer Caraway, Petitioner v. New York State Office for People with Developmental Disabilities, Respondent, 5705/13

Employee's Firing For Failing to Maintain Minimum Requirement Not Arbitrary

Practice Areas: Labor and Employment

Supreme Court, Suffolk County, I.A.S. Part 16

Salvatore Guerrera, Plaintiff(s) v. Marie Tooker, a/k/a Marie Guerrera, a/k/a Marie Guerrera McGrath and Brookhaven Memorial Hospital, et al, Defendant(s), 24429/2010

Recusal Motion Baseless, Appears to be Delay Tactic; No Bias Shown, Disqualification Denied

Supreme Court, Suffolk County, Trial Term, Part 44

Starchem Laboratories, LLC, Plaintiff v. Kabco Pharmaceuticals, Inc. (d/b/a Kabco Inc.) and Futurebiotics, LLC, Defendants, 43677-09

Defendant Properly Exercised Rights Under UCC, Entitled to Dismissal of Contract Breach Claim

Practice Areas: Contracts

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

Firstmark Corp., Plaintiff v. Marc A. Starr, Defendant, 602384/13

As Extrinsic Proof is Required, Summary Judgment in Lieu of Complaint Unavailable

Practice Areas: Contracts , Creditors

Surrogate's Court, Nassau County

KENJI MARK HORIUCHI, BEING THE SOLE BENEFICIARY OF THE KENJI MARK IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, pet v. KENTARO HORIUCHI AND KENSUKE HORIUCHI, res

KENJI MARK HORIUCHI, BEING THE SOLE BENEFICIARY OF THE KENJI MARK IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, pet v. KENTARO HORIUCHI AND KENSUKE HORIUCHI, res (11/364382/B) — This is a motion in an accounting proceeding to disqualify Nicholas Damadeo as attorney for Kentaro Horiuchi and Kensuke Horiuchi. The movant is Wendy Tso, the mother of Kenji Horiuchi, Kody Horiuchi and Kyle Horiuchi. Ms. Tso further seeks sanctions, an award of costs and an order referring Mr. Damadeo to the grievance committee. The respondents, in turn, have moved to disqualify Ms. Tso as attorney for her children and for the appointment of a guardian ad litem for the two minor children.

Appellate Term, Second Judicial Department

KHURANA, app, v. TREVOR JONES, TREVJON REALTY, CALDWELL BANKER AND KAREN LEWIS JONES, res

2013-178 N C. KHURANA, app, v. TREVOR JONES, TREVJON REALTY, CALDWELL BANKER AND KAREN LEWIS JONES, res — Appeal from a judgment of the District Court of Nassau County, Fourth District (Eugene H. Shifrin, Ct. Atty. Ref.), entered November 10, 2010. The judgment, after a nonjury trial, dismissed the action.

Appellate Term, Second Judicial Department

TACFIELD ASSOC., LLC v. DICKERSON

2014-329 K C. TACFIELD ASSOC., LLC v. DICKERSON — Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated January 24, 2014.

Appellate Term, Second Judicial Department

ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C. DOING BUSINESS AS ALL COUNTY OPEN MRI & DIAGNOSTIC RADIOLOGY AS ASSIGNEE OF ABDELGHANI KINANE, res, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., app

2012-2299 N C. ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C. DOING BUSINESS AS ALL COUNTY OPEN MRI & DIAGNOSTIC RADIOLOGY AS ASSIGNEE OF ABDELGHANI KINANE, res, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., app — Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated August 17, 2012. The order denied defendant's motion for summary judgment dismissing the complaint and, upon a search of the record, granted summary judgment to plaintiff.

Appellate Term, Second Judicial Department

NORMAN EDWARD RICH DOING BUSINESS AS NORMAN E. RICH, DDS, res, v. STEIGER, app

2012-1621 N C. NORMAN EDWARD RICH DOING BUSINESS AS NORMAN E. RICH, DDS, res, v. STEIGER, app — Appeal from a judgment of the District Court of Nassau County, Second District (Eugene H. Shifrin, Ct. Atty. Ref.), entered May 14, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $850.

Appellate Term, Second Judicial Department

LVNV FUNDING, LLC, res, v. GIBSON, app

2012-2756 W C. LVNV FUNDING, LLC, res, v. GIBSON, app — Appeal from an order of the City Court of White Plains, Westchester County (JoAnn Friia, J.), dated October 10, 2012. The order denied defendant's motion to vacate a default judgment.

Appellate Term, Second Judicial Department

PEOPLE v. EBERT, URSULA

2014-48 Q CR. PEOPLE v. EBERT, URSULA — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered November 25, 2013, as a poor person, and for the assignment of counsel.

Appellate Term, Second Judicial Department

G. SHEPARDS REALTY, LLC and PATRICIA HUNT, res, v. OFFENHEISER, app

2012-1598 OR C. G. SHEPARDS REALTY, LLC and PATRICIA HUNT, res, v. OFFENHEISER, app — Appeal from a judgment of the City Court of Middletown, Orange County (Steven W. Brockett, J.), entered March 9, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $12,000.

Appellate Term, Second Judicial Department

TARGET NATIONAL BANK, res, v. FAITAK, app

2012-2710 Q C. TARGET NATIONAL BANK, res, v. FAITAK, app — Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered September 14, 2012, deemed from a judgment of the same court entered November 27, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 14, 2012 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $3,602.31.

Appellate Term, Second Judicial Department

ADESSO, JR., res, v. LONG ISLAND VETERINARY SPECIALISTS, app

2013-419 N C. ADESSO, JR., res, v. LONG ISLAND VETERINARY SPECIALISTS, app — Appeal from a judgment of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), entered September 14, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,500.

Appellate Term, Second Judicial Department

DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF ROSEMOND DORISMOND, res, v. INFINITY GROUP, app

2012-1361 K C. DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF ROSEMOND DORISMOND, res, v. INFINITY GROUP, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered March 28, 2012. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.

Appellate Term, Second Judicial Department

SEWARD, res, v. GO GREEN RVC DRY CLEANERS, app

2012-1627 N C. SEWARD, res, v. GO GREEN RVC DRY CLEANERS, app — Appeal from a judgment of the District Court of Nassau County, First District (David W. McAndrews, J.), entered November 10, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $730.

Appellate Term, Second Judicial Department

SCAZZERO, app, v. JORGE MOROCHO CONSTRUCTION, res

2012-2248 W C. SCAZZERO, app, v. JORGE MOROCHO CONSTRUCTION, res — Appeal from a judgment of the City Court of Mount Vernon, Westchester County (Mark A. Gross, J.), entered August 20, 2010. The judgment, after a nonjury trial, dismissed the action.

Appellate Term, Second Judicial Department

PEOPLE v. ELIE, JEFFREY

2013-2776 N CR. PEOPLE v. ELIE, JEFFREY — Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, dated December 5, 2013.

Appellate Term, Second Judicial Department

AGAEVA v. BAY RIDGE DENTAL GROUP, P.C

2014-391 RI C. AGAEVA v. BAY RIDGE DENTAL GROUP, P.C. — Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered February 7, 2014.

Appellate Term, Second Judicial Department

PEOPLE v. SWEAT, CHRISTOPHER

2014-334 RI CR. PEOPLE v. SWEAT, CHRISTOPHER — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered January 6, 2014.

Appellate Term, Second Judicial Department

BHUPINDER SINGH SAWHNEY, M.D., AS ASSIGNEE OF MIRLA YARIXA WARRELL, res, v. CLARENDON NATIONAL INSURANCE COMPANY, app

2012-1297 K C. BHUPINDER SINGH SAWHNEY, M.D., AS ASSIGNEE OF MIRLA YARIXA WARRELL, res, v. CLARENDON NATIONAL INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered November 30, 2011. The order, insofar as appealed from as limited by the brief, in effect, denied, as untimely, defendant's cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).

Appellate Term, Second Judicial Department

61 BELMONT AVE., LLC v. CORATOLO & CARRIERI ASSOC., LLC

2014-330 W C. 61 BELMONT AVE., LLC v. CORATOLO & CARRIERI ASSOC., LLC — Motion by appellant for a stay pending the determination of an appeal from a judgment of the City Court of Yonkers, Westchester County, entered December 17, 2013.

Appellate Term, Second Judicial Department

MID ISLAND, L.P. DOING BUSINESS AS TURIAN MGMT., res, v. KRIPALANI, app, and KRIPALANI, ten

2012-1840 Q C. MID ISLAND, L.P. DOING BUSINESS AS TURIAN MGMT., res, v. KRIPALANI, app, and KRIPALANI, ten — Consolidated appeals from orders of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), dated, respectively, June 28, 2012 and August 28, 2012, and from a judgment of the same court entered July 31, 2012. The order entered June 28, 2012 denied tenant Hardas Kripalani's motion to, in effect, vacate or modify a final judgment of the same court entered May 11, 2012, which awarded landlord possession and rent arrears of $4,852.02 in a nonpayment summary proceeding. The judgment entered July 31, 2012, following a hearing on June 28, 2012, awarded landlord attorney's fees in the sum of $3,900. The order dated August 28, 2012 denied tenant Hardas Kripalani's motion to, in effect, vacate the judgment entered July 31, 2012.

Appellate Term, Second Judicial Department

PEOPLE v. IGOE, THOMAS

2014-502 N CR. PEOPLE v. IGOE, THOMAS — Appeal from an order of the District Court of Nassau County, First District, dated February 6, 2014.

Appellate Term, Second Judicial Department

FELICIANO v. 1756, LLC

2014-196 K C. FELICIANO v. 1756, LLC — Motion by appellant for leave to reargue its prior motion for a stay pending the determination of appeals from orders of the Civil Court of the City of New York, Kings County, dated December 2, 2013 and January 21, 2014, respectively, which prior motion was determined by decision and order of this court dated February 21, 2014. Separate motion by respondent to vacate the temporary stay contained in the order to show cause signed by this court dated February 27, 2014 and to be restored to possession of the subject apartment.

Appellate Term, Second Judicial Department

M & M PLAZA ASSOC., LLC v. PUSEY

2013-2163 K C. M & M PLAZA ASSOC., LLC v. PUSEY — Motion by appellant on an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered September 12, 2013, for leave to appeal to the Appellate Division from a decision and order on motion of this court dated January 9, 2014, which vacated a stay granted by decision and order on motion of this court dated November 22, 2013.

Appellate Term, Second Judicial Department

LINWOOD, app, v. UNITED ACTIVITIES UNLIMITED, INC., LOUIS DELUCA AND ALICE HARTIE, res

2013-455 RI C. LINWOOD, app, v. UNITED ACTIVITIES UNLIMITED, INC., LOUIS DELUCA AND ALICE HARTIE, res — Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Orlando Marrazzo, Jr., J.), entered November 2, 2012. The judgment, after a nonjury trial, dismissed the action.

Appellate Term, Second Judicial Department

FARSHAD D. HANNANIAN, M.D., P.C. A/A/O PINNOCK v. ALLSTATE INS. CO

2014-215 Q C. FARSHAD D. HANNANIAN, M.D., P.C. A/A/O PINNOCK v. ALLSTATE INS. CO. — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated January 7, 2014.

Surrogate's Court, Nassau County

ESTATE OF LINDA SCHLEGER, Deceased

ESTATE OF LINDA SCHLEGER, Deceased, (290261/G) — In this proceeding pursuant to SCPA 2103 respondent moves to dismiss (CPLR 3211).

Surrogate's Court, Nassau County

ESTATE OF IRVING LUBLIN, Deceased

ESTATE OF IRVING LUBLIN, Deceased. (10/362873) — Before the court in this contested probate proceeding, is the question of whether the testator's choice of a preliminary executor must be honored where his actions make clear that he does not support the admission of the will to probate. In this proceeding, two applications have been filed for the appointment of a preliminary executor. The first seeks an extension of preliminary letters testamentary previously issued to Seth Lublin, the son of the decedent and one of the nominated executors under the decedent's last will and testament. The second seeks the revocation of preliminary letters issued to Seth Lublin and the issuance of preliminary letters testamentary solely to Dr. Michael Broder, a nominated successor executor.

Surrogate's Court, Nassau County

KYLE LINUS HORIUCHI, A MINOR, BEING THE SOLE BENEFICIARY OF THE KYLE LINUS IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND

KYLE LINUS HORIUCHI, A MINOR, BEING THE SOLE BENEFICIARY OF THE KYLE LINUS IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND (11/364382/A);

Surrogate's Court, Nassau County

WENDY TSO, INDIVIDUALLY AND ON BEHALF OF KODY ADAM HORIUCHI, A MINOR, BEING THE SOLE BENEFICIARY OF THE KODY ADAM IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND

WENDY TSO, INDIVIDUALLY AND ON BEHALF OF KODY ADAM HORIUCHI, A MINOR, BEING THE SOLE BENEFICIARY OF THE KODY ADAM IRREVOCABLE TRUST, DATED 7/2/2004, A MEMBER OF KENJI MARK KODY ADAM KYLE LINUS LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND (11/364382);

Surrogate's Court, Nassau County

ESTATE OF JOAN LANGDON, Deceased

ESTATE OF JOAN LANGDON, Deceased. (11/367116/A) — In this probate proceeding, respondent moves for an order determining that the document offered for probate is not a testamentary instrument.

Supreme Court, Essex County

Wehrmann Grain & Seed Ltd, Plaintiff v. Lewis Family Farm, Inc., Defendant, 2012-679

Buyer Fails to Raise Issues if Seller Breached Agreement; Summary Judgment Granted

Practice Areas: Contracts

Supreme Court, Nassau County, Trial/IAS, Part 39

In the Matter of the Application of Steven G. Brown, Petitioner v. New York State Department of Motor Vehicles, and, Barbara J. Fiala, as New York State Commissioner of Motor Vehicles, Respondents, 14405-13

DMV's Denial of Petition for Re-Licensure Upheld as Rational, Not Arbitrary

Practice Areas: Administrative Law

Criminal Court, Kings County, DV1

The People of the State of New York, Plaintiff v. Jermaine Richards, Defendant, 2013KN092931

DIRs Sufficient to Convert Hearsay Complaint To Non-Hearsay Information; Dismissal Denied

Practice Areas: Criminal Law

Surrogate Court, New York County

Administration Proceeding, Estate of Chaim Weisberg, Deceased, 2012-3470

Movant Fails to Make Prima Facie Case, Denied Summary Decision She Is Decedent's Wife

Practice Areas: Trusts and Estates , Family Law

Appellate Division, Third Department

The People of the State of New York, Respondent v. Nelson Colon, Appellant, 104935

Absence of Gun Fails to Upset Robbery Conviction

Practice Areas: Criminal Law , Appellate Law - Criminal

Surrogate's Court, Kings County

ESTATE OF ISAAC KRAMER, Deceased

ESTATE OF ISAAC KRAMER, Deceased. (08/2334/A) — In this contested miscellaneous proceeding, the Educational Institute Oholei Torah — Oholei Menachem (the movant) moves for summary judgment dismissing the objections to its petition seeking a determination of the validity and enforceability of its claim against the estate of Isaac Kramer (the decedent), which claim is based upon a pledge and promissory note asserted to have been executed in its favor by the decedent.

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 GENEVIEVE DESARLO, Deceased

ESTATE OF GENEVIEVE DESARLO, Deceased. (09-388/A) — This is an application by the limited administratrix of this estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on April 28, 2009, 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

PAUL J. LIPKA, Deceased

MATTER OF PAUL J. LIPKA, Deceased. (13/856/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on September 9, 2013, so as to enable her to compromise a wrongful death/ personal injury cause of action on behalf of the decedent.

Surrogate's Court, Richmond County

ESTATE OF MICHELA GRACE PARADISO, A/K/A MICHELA G. PARADISO, A/K/A MICHELA PARADISO, Deceased

ESTATE OF MICHELA GRACE PARADISO, A/K/A MICHELA G. PARADISO, A/K/A MICHELA PARADISO, Deceased. (14/231/A) — Petitioner seeks probate of a propounded instrument, dated November 9, 2010, as the Last Will and Testament of the decedent, and seeks the issuance of Letters Testamentary to her.

Surrogate's Court, Richmond County

ESTATE OF KWEMENE GIBSON TUCKER, Deceased

ESTATE OF KWEMENE GIBSON TUCKER, Deceased. (13/689/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on July 10, 2013, 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

ESTATE OF JUDY ISOLDA, Deceased

ESTATE OF JUDY ISOLDA, Deceased. (14-52) — Limited Letters of Administration were issued in the within estate on March 24, 2014 authorizing the administrator to commence a SCPA 1715 proceeding. The petitioner is now requesting that the letters previously issued herein be amended and extended to authorize the administrator to also commence an Article 19 proceeding to sell decedent's real property.

Surrogate's Court, Richmond County

ESTATE OF MARIE STARACE KNEE Deceased

ESTATE OF MARIE STARACE KNEE Deceased. (14-106) — In this probate proceeding, the children of Marie Starace Knee (hereinafter "Decedent"), have moved to vacate their waivers of process and consents to probate in order to object to the appointment of Alan Knee as executor. The motion is opposed by the surviving spouse of the Decedent, Alan Knee, who is also the nominated executor under the instrument dated October 14, 2004.

Surrogate's Court, New York County

ESTATE OF JOHN P. PERAZA, Deceased

ESTATE OF JOHN P. PERAZA, Deceased. (11/1709/H) — At the call of the April 11, 2014 calendar, the court determined that the allegations in the SCPA 2103 petition of Amy Ruth Peraza, as administrator c.t.a. of the estate of John P. Peraza, support examination but not turnover. Accordingly, the court directed that respondent Chuck Sommers be examined by May 23, 2014.

Surrogate's Court, New York County

ESTATE OF LEONARD GROSSMAN, Deceased

ESTATE OF LEONARD GROSSMAN, Deceased. (13/4294/A) — At the call of the April 11, 2014 calendar, the SCPA 2103 turnover petition of Rachel Winter, as preliminary executor of the estate of Leonard Grossman, was marked off the calendar because of petitioner's failure to appear.

Surrogate's Court, New York County

ESTATE OF JUDITH DEMICHAEL, Deceased

ESTATE OF JUDITH DEMICHAEL, Deceased, (12/3459) — The compromise of a cause of action for decedent's personal injury was approved and the attorney's compensation and disbursements were fixed by order of the Supreme Court, New York County.

Surrogate's Court, New York County

ESTATE OF ARNOLD LEVIEN, Deceased, v. PARVIN JOHNSON, JR., KENNETH IVES, HARLAN LEVIEN and STEPHEN LEVIEN

ESTATE OF ARNOLD LEVIEN, Deceased, v. PARVIN JOHNSON, JR., KENNETH IVES, HARLAN LEVIEN and STEPHEN LEVIEN. (83/3059/D) — The will of decedent Arnold Levien established a trust under Article SEVENTH that, as relevant here, benefited his grandchildren, including Stephen and Harlan Levien ("Stephen and Harlan"). By its terms, this trust terminated on February 24, 2013, triggering distribution of the remainder, not to decedent's grandchildren, but to his "great grandchildren" per capita. The trustees' petition now before the court seeks, among other things, a declaration that two adult individuals, Kenneth Ives and Parvin Johnson, Jr. ("Ives and Johnson"), whom Stephen and Harlan respectively adopted in Texas in October of 2012, are not members of the class of decedent's great grandchildren entitled to share in its remainder. Respondents, Stephen, Harlan, Ives and Johnson, prior to answering the petition, have moved to dismiss it for failure to state a claim. This motion arises in the following context.

Surrogate's Court, New York County

ESTATE OF DANIEL WEINGARTEN, Grantor

ESTATE OF DANIEL WEINGARTEN, Grantor. (14/118; 14/118/B) — At the call of the calendar, this application to compel the trustees of inter vivos trusts established by Daniel Weingarten for the benefit of Yael Silberberg were granted.

Surrogate's Court, New York County

ESTATE OF MAYNARD CASSADY KENT. (xxxx)

ESTATE OF MAYNARD CASSADY KENT. (xxxx) — Respondent in this proceeding to establish an irrevocable, first-party supplemental needs trust ("SNT"), Maynard Cassady Kent, is a disabled adult under the age of 65, who retains the mental capacity to understand this proceeding. He receives certain government benefits, but he is to receive an inheritance from his father's estate, which the petition requests be used to fund the SNT. Petitioners, his brother-in-law, Richard Leska, and one of his sisters, Hannah Kent, are the proposed co-trustees. A proposed trust instrument for the approval of the court was provided with the petition and has been modified in accordance with the court's instructions. In addition to the proposed co-trustees, another sister, Sarah Kent is nominated as successor trustee. The petition is unopposed.

Surrogate's Court, New York County

ESTATE OF ANNA MILLER KAPLAN, Deceased

ESTATE OF ANNA MILLER KAPLAN, Deceased, (13/2665) — The proposed compromise of a cause of action for decedent's personal injury is approved. The restrictions contained in the letters issued to the administrator are removed and he is authorized to collect the settlement and execute the necessary receipts and releases.

Surrogate's Court, New York County

WILL OF JAMES O'BRIEN, Decedent

WILL OF JAMES O'BRIEN, Decedent. (13/1174) — This is an uncontested proceeding to probate a copy of a lost will dated August 26, 2004. Decedent James O'Brien died on April 19, 2012, survived by his wife and two sons from a prior marriage. In the propounded will decedent leaves 75 percent of his estate to his wife and 25 percent to one of his sons. He nominates the other son as executor, expressly disinheriting that son because he was "financially secure."

Appellate Division, Third Department

Christopher Porco, Respondent v. Lifetime Entertainment Services, LLC, Appellant

Banning TV Movie Was Prior Restraint

Practice Areas: Entertainment and Sports Law

Appellate Division, First Department

Kamel R. Sadek, Plaintiff-Appellant v. Jenkins A. Wesley, et al., Defendants-Respondents, 108589/07; 9581

Panel Finds Doctor's Testimony Improperly Barred From Trial

Practice Areas: Evidence , Expert Witnesses , Torts , Personal Injury

Appellate Division, First Department

The People of the State of New York, Respondent v. Gerald DeGerolamo, Defendant-Appellant, 6388/09; 10844

Split Court Faults Proof of Similar Ring Theft

Practice Areas: Criminal Law , Evidence , Prior Bad Acts

Supreme Court, New York County, IAS Part 85R

Vibeki Steineger, Plaintiff v. Paul Perkins, Defendant, 306803/2012

Wife in Divorce Action Fails to Show Husband Purposely Failed to Produce Documents

Practice Areas: Family Law

Appellate Division, Third Department

In the Matter of Frederick P. Ippolito, Petitioner v. Commissioner of New York State Department of Taxation and Finance et al., Respondents, 515863

Restaurant's Chief Executive Is Personally Liable for $66,620 Sales, Use Tax Deficiency

Practice Areas: Taxation , Business Entities , Personal Liability

Supreme Court, Kings County, IAS Term, Part

Dorota Von Maack, Plaintiff v. Wyckoff Heights Medical Center, Defendant, 504150/13

Hospital Pharmacist Is Barred From Relitigating Propriety of Her Termination

Practice Areas: Labor and Employment , Whistle-blower Law

Supreme Court, Westchester County

R. M., Plaintiff v. C. M., Defendant, Caseindex_

Court Grants Sole Custody to Wife, Who Must Enroll in Psychotherapy for Anger Issues

Practice Areas: Family Law , Custody and Child Support

Surrogate's Court, Kings County

THE ACCOUNTING OF RICHARD A. MAHLER, JR., AS EXECUTOR OF THE ESTATE OF MARGARET VAN CORTLANDT BILLMYER, A/K/A MARGARET v. BILLMYER, Deceased

IN THE MATTER OF THE ACCOUNTING OF RICHARD A. MAHLER, JR., AS EXECUTOR OF THE ESTATE OF MARGARET VAN CORTLANDT BILLMYER, A/K/A MARGARET v. BILLMYER, Deceased. (09/1485/B) — In this contested accounting proceeding, Adelphi University and the New York State Attorney General (collectively, the movants) bring the instant motions pursuant to CPLR §3212 for an order granting partial summary judgment and seeking an order surcharging the executor the sum of $630,000 plus statutory interest for breach of his fiduciary duty in selling estate property grossly below its fair market value of $1.3 million.

Surrogate's Court, New York County

ESTATE OF ANTHONY v. MAROTTY, Deceased

ESTATE OF ANTHONY v. MAROTTY, Deceased. (12/2743) — On April 8, 2014, Vincent Marotti filed a withdrawal of his objections and a waiver of process and consent in the probate proceeding in the estate of Anthony V. Marotty.

Surrogate's Court, New York County

THE PETITION OF ABRAHAM D. PIONTNICA, AS TRUSTEE OF TWO TRUSTS CREATED BY TRUST INDENTURES DATED SEPTEMBER 16, 1977 AND FEBRUARY 14, 1980, BETWEEN ROBERT KAUFMAN, AS SETTLOR, AND MELVYN KAUFMAN, AS TRUSTEE, WHICH CREATED THE TRUSTS KNOWN AS THE “FLORENCE 127 TRUST” AND THE “FLORENCE 767 TRUST,” RESPECTIVELY, FOR A DECLARATION THAT A PURPORTED JANUARY 1, 2003 TRUST MERGER WAS VOID AB INITIO

IN THE MATTER OF THE PETITION OF ABRAHAM D. PIONTNICA, AS TRUSTEE OF TWO TRUSTS CREATED BY TRUST INDENTURES DATED SEPTEMBER 16, 1977 AND FEBRUARY 14, 1980, BETWEEN ROBERT KAUFMAN, AS SETTLOR, AND MELVYN KAUFMAN, AS TRUSTEE, WHICH CREATED THE TRUSTS KNOWN AS THE "FLORENCE 127 TRUST" AND THE "FLORENCE 767 TRUST," RESPECTIVELY, FOR A DECLARATION THAT A PURPORTED JANUARY 1, 2003 TRUST MERGER WAS VOID AB INITIO. (14/510) — At the call of the calendar on April 8, 2014, the court granted this uncontested petition by Abraham Piontnica, as successor trustee of two trusts established by Robert Kaufman, one under a trust indenture dated September 16, 1977, which is known as the Florence 127 Trust, and the other under a trust indenture date February 14, 1980, which is known as the Florence 767 Trust. The court declared the purported merger on January 1, 2003 of the Florence 767 Trust with and into the Florence 127 Trust void ab initio. The trustee was without the power to merge these trusts, and his attempt to do so was void (EPTL §7-2.4).

Surrogate's Court, New York County

ESTATE OF CYNTHIA M. HERMAN, Deceased

ESTATE OF CYNTHIA M. HERMAN, Deceased. (05/0044/A/B/C) — The petition of Joann Arrigo, as administrator d.b.n. of the estate of Cynthia M. Herman, for leave to compromise and discontinue a cause of action for personal injuries and for settlement of her account is granted. Accordingly, the restrictions contained in the letters of administration are removed. Petitioner's commissions are approved (see SCPA 2307). Counsel's fee is fixed, and disbursements are allowed. The net proceeds of settlement shall be distributed to Ms. Arrigo, individually, in partial reimbursement of the funeral bill.

Appellate Division, Second Department

Sammy El Jamal, Respondent v. James A. Weil, Appellant, 54967/11; 2012-10281

Statements Made in Litigation Held Not Defamatory

Practice Areas: Torts , Intentional Torts , Defamation

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

Surrogate's Court, Bronx County

ESTATE OF CRUZ ALEXANDER, also known as CRUZ CASTRO DE ALEXANDER, Deceased

ESTATE OF CRUZ ALEXANDER, also known as CRUZ CASTRO DE ALEXANDER, Deceased (13/2583) — On the return date of process in this application by an alleged creditor for the issuance of letters of administration to the Public Administrator, jurisdiction was obtained over a granddaughter who defaulted. The decedent's son appeared, indicated that he possessed the decedent's will and wished to seek letters testamentary, and was afforded until February 27, 2014 to obtain counsel and petition for letters testamentary.

Surrogate's Court, New York County

ESTATE OF SYLVIA MAO TONG, Deceased

ESTATE OF SYLVIA MAO TONG, Deceased (14/450);

Surrogate's Court, New York County

ESTATE OF SYLVIA MAO TONG, Deceased

ESTATE OF SYLVIA MAO TONG, Deceased (14/450/A) — At the call of calendar on April 8, 2014, the court granted the cross-petition of Eugene Tong for Letters of Administration. The court further granted the petition of Teddy Tong to the extent of directing that he be issued Limited Letters of Administration pursuant to SCPA 702(1) for the purpose of pursing any cause of action against Eugene Tong on behalf of decedent's estate.

Surrogate's Court, Nassau County

ESTATE OF JULIUS GARGANI, A/K/A JULIUS J. GARGANI, Deceased

ESTATE OF JULIUS GARGANI, A/K/A JULIUS J. GARGANI, Deceased, (10/363395/E)