This Week's Summaries

The People v. Stazzone

No Nexus Shown Between Defendant's Location, Area Where Drugs and Contraband Recovered

The People v. Mathurin

Transgender Woman Denied Dismissal Of Charges in Interest of Justice

Matter of J.M.

Mental Health Commissioner Granted Order Extending Conditions to Avoid Risk to Safety

Ayala v. Looks Great Services, Inc.

FLSA Overtime Claims Not Specifically Pleaded But Are Arguably Plausible; Sanctions Denied

The People v. Beckford

Vacatur of Conviction for Ineffective Assistance of Counsel Denied Entirely

Laurent v. Pricewaterhousecoopers LLP

Retirement Plan's Service Requirement Bears No Relation to 'Normal Retirement'

Israeli v. Ruiz

Court Explains Rejection of Motion to Preclude Medical Expert's Testimony in Negligence Case

Arnold v. D'Amato

All Claims, Defendants in Suit Over Unpaid Commissions Covered by Arbitration Clause

The People v. Turner

Criminal Contempt Charge for Violating TOP Denied Dismissal Based on Facial Insufficiency

Griffith v. The New York State Department of Health

Individual Defendants' Personal Involvement In Employment Decisions Plausibly Alleged

Pinnacle Airlines Corp.

Claims Over Flight School Enrollment Fee Properly Non-Priority Unsecured Claims

L.P. v. C.B.

Husband's Actions, Volatility Deny Access To Marital Home, $25,000 in Counsel Fees

The People v. Frankiling

Defendant Not Identified in Facially Insufficient Instrument; Dismissal Granted

The People v. Connell

Withdrawal of Guilty Plea Under CPL §220.60(3) Based on Newly Discovered Evidence Denied

The People v. Price

Evidence Suppression Denied Without Hearing; Microsoft Not Acting as Government Agent

Matter of Barrett

Petitioner Lacks Standing to Bring Motion To Compel Ex-Attorney-in-Fact to Account

Estate of La Forgia

Documentary Evidence, Limitations Period Do Not Bar Fraud Claim; Dismissal Denied

MS Federal Acquisition, LLC v. U.S. Bank Nat'l Ass'n

Failure to Renew Leases Was Event Triggering Loan Security Agreements' Lockbox Clauses

Venezuela C.A. v. Interaudi Bank

Interpleader Inappropriate But Court Rejects Claim Bank Stole $11M in Car Factory's Sale

Todd v. Dolce

Double Jeopardy Not Violated by Mandatory Supervision Term's Imposition at Resentence

Yoly Farmers Corp. v. Delta Air Lines, Inc.

Claims Under Waybills For Airline's Mishandling, Damage to Vegetable Cargoes Partly Rejected

Ross v. Axa Equitable Life Ins. Co.

Action Over 'Shadow' Transactions Dismissed; No Actual Injury Provided Article III Standing

Fullwood v. Wolfgang's Steakhouse, Inc.

Restaurant's Violation of FACTA Alleged; Suit Over Credit Card Receipt Survives

Johnson v. Lew

Discrimination Suit Dismissed; Adverse Action Due to Protected Class Membership Not Alleged

R.M. Railcars LLC v. Marcellus Energy Services, LLC

Award for Railcar Lease Breach Explained; Storage of Unused Railcars Reasonable

Doniger & Engstrand, LLP v. Carlomagno

Dismissal of Claim for Fees Without Prejudice To Ability to Comply With 22 NYCRR §137.6

Newbury Place Reo III, LLC v. Sulton

Motion to Extend Time to Submit Reply Denied for Failing to Offer Reasonable Excuse

Berhe v. The Trustees of Columbia University in the City of New York

Waiter Special Employee, Negligence Claims Against Columbia Barred by WCL §§11, 29(6)

One West Bank, FSB v. Choyling

Bank Fails to Show Reasonable Excuse for Delay In Moving for Entry of Judgment on Default

Aspen Specialty Ins. Co. v. Ironshore Indemnity Incorporated

Elevator Company's Insurer Obligated to Defend, Indemnify Hotel Owner in Personal Injury Suit

Coventry Enterprises LLC v. Sanomedics International Holdings, Inc.

Sunday, Holiday Rendered Payment Timely; 'Illusory Options' Claim on Closings Rejected

BNH Caleb 14 LLC v. Mabry

Mortgagee Denied Foreclosure As Meritorious Defense for Unconscionable Act Set Forth

Transformacon, Inc. v. Vista Equity Partners, Inc.

Claims' Dismissal in Breach Action Explained; Claim for Implied Covenant's Breach Not Stated

Rothstein v. Balboa Ins. Co.

Any Claim Challenging Regulator-Approved Rate Is Subject to the Filed Rate Doctrine

Purnell v. US

Ineffectiveness Claims Rejected, Sentence For Assaulting VA Pharmacist Denied Vacatur

Eastman Kodak Co. v. Asia Optical Co., Inc.

Kodak Granted Anti-Suit Injunction Barring Chinese Action to Recover Judgment Payment

Diaz v. American Airlines, Inc.

Airline Not Responsible for Airport's Common Use Area Where Traveler Fell

Williams v. Richardson

Panel Reverses Order as Plaintiff's Prior Motion For Leave to Renew Should Have Been Granted

National City Bank v. Ghaness

Bank Entitled to Reformation of Mortgage To Add Legal Description For Premises

Blanc Holdings LLC v. Midollo

Prior Denial of Vacatur of Default Did Not Bar JPMC From Right of Redemption in Property

Waterside Plaza Ground Lessee, LLC v. Hirsch

Tenant's Conduct Shows Acquiescence to Illegal Use of Premises for Sale of Narcotics by Son

Wells Fargo Bank v. Boffour

Bank Counsel Sanctioned for Frivolous Conduct In Violating Court Order, Misrepresentations

240 West 140 Inc. v. Carter

Landlord's Reliance on RPL §231 Voids Lease, Including Jury Demand Provision

Brown v. Nationstar Mortgage, LLC

Modification Agreement Found Enforceable; Court Directs Performance Under Agreement

Matter of Kelly v. The Port Authority of New York

PAPD Had Rational Basis for Terminating PPO; Motion to Annul, Reinstate Denied

Matter of Lisa T. v. K. T.

Court Dismisses Family Offense Petition, But Finds Husband Violated TOP

Castro-Verdugo v. The City of New York

Factual Issues Exist if Ambulance Operated For Emergency Situation at Time of Accident

White v. Clement

Inmate's Claims of Inadequate Medical Care Survive as Against Registered Nurse Only

Belden v. County of Wyoming

County Fails to Show Entitlement To Summary Judgment in Negligence Suit

Omphil Care, Inc. v. Hertz Co.

Summary Judgment Dismissal of Complaint Should Have Been Granted By Res Judicata

American Automobile Ins. Co. v. Cleaners

Insurer's Negligence Claims Against Dry Cleaner In Suit Arising From Water Leak Time Barred

Sensational Smiles, LLC v. Mullen

Rational Reasons Behind Dental Commission's Limitation of LED Lights to Licensed Dentists

In Re: Forcefield Energy Inc. Sec.

Lead Plaintiff's Appointment in Consolidated Securities Fraud Class Actions Is Explained

Tiffany v. N.Y. State Veteran's Home

Damages Claims Survive Against Home's Staff But Title VII Hostile Work Site Claim Not Stated

Estate of Brickner

Reformation of Will to Maximize Tax Benefits Comports With Testator's Intentions, Granted

Aragon v. Rozzo

Plaintiffs Fail to Show Infant Within District's Custody, Owed Duty of Adequate Supervision

Gargh v. Gargh

Wife Denied Child Support Arrears Judgment Against Husband Accrued After Date of UK Order

McCloskey v. Nieves

Stopping Short Insufficient in Rear-End Collision to Rebut Presumption of Negligence

Matter of Mazzella v. Bedford Central School District

Hearing Officer's Decision to Terminate Teacher for Incompetence Ratings Upheld

The People v. Rana

Panel Affirms Child Endangerment Conviction; Defendant's Claims to Vacate Plea Meritless

Lfoundry Rousset SAS v. Atmel Corp.

France is Appropriate Forum for Fraud Claims Over Semiconductor Firm's Sale, Bankruptcy

Rojas v. Cigna Health and Life Ins. Co.

Doctors Not Beneficiary of Patients' Health Plans for Purposes of ERISA §502 Standing

USA v. Travis

Detention Motion Denied, But Bail Bond Requires More Security, Additional Surety

Okun, MD v. Montefiore Medical Center

Montefiore's Severance Policy Is 'Plan' Under ERISA; Judgment Vacated, Remanded

Carranza v. USA

Proposed Motion for 28 USC §2255 Relief Not 'Second or Successive' Under AEDPA