Decisions

This Week's Summaries

U.S. Sec. and Exch. Commission v. Subaye, Inc.

Lifetime Ban Against Former CFO's Service As Company's Director, Officer Explained

Beekman Delameter Properties LLC v. Village of Rhinebeck Zoning Board of Appeals

Zoning Board of Appeals' Decisions On Property, Project Nullified, Invalidated

Matter of Khomitch v. Crotched Mountain Community

Panel Affirms Worker's Compensation Board's Decision to Rescind Transfer of Liability

Salvani v. ADVFN PLC

Complaint Alleging Defamatory Web Site Postings Dismissed for Failure to State Claim

Preville v. Pepsico Hourly Employees Retirement Plan

Decision That Immediate Disability Pension Benefits Were Not Timely Sought Not Arbitrary

Dreckette v. NY City Health

Failure to Timely Serve HHC Requires Dismissal of Medical Malpractice Action

Perez v. The City of New York

NYPD Denied Summary Judgment Dismissing False Arrest, False Imprisonment Claims

Curtin v. Blair Brothers Contracting, Inc.

Fraudulent Misrepresentation Claim Dismissed As Duplicative; Contract Breach Suit Remains

Emmons-Sheepshead Bay Dev. LLC

Denial of Reconsideration of Reorganization Plan's Confirmation Is Itself Denied Appeal

Morequity, Inc. v. Casale

Vacatur of Court's Sua Sponte Order, Grant of Order of Reference Denied

Smith v. Barnesandnoble.Com, LLC

Author's Lanham Act Unfair Competition Claim Against Book Retailer's Web Site Is Rejected

Mancuso v. US Environmental Protection Agency

Judgment for EPA on Motion to Compel FOIA Request Documents' Production Is Explained

Wells Fargo Bank v. Wales LLC

Insurer Is Denied Intervention in Interpleader Action Over Reimbursement, Subrogation Rights

Binghamton-Johnson City Joint Sewage BD v. AM. Alternative Ins. Corp.

Fact Issues Bar Judgment in Action Grounded On Collapse of Sewage Treatment Plant's Wall

Garber v. Office of the Commissioner of Baseball

Ruling 'Baseball Exemption' Did Not Protect Against Antitrust Liability Denied Appeal

Rajic v. George

NBA Player Denied Dismissal of Custody Petition for Lack of Personal Jurisdiction

Matter of Palumbo

Petition to Transfer Holdover Action Denied, 'Smacks of Effort to Defer Adjudication'

Matter of City of Long Beach v. Long Beach Professional Firefighters Assoc.

CBA Forecloses Right of Union to Arbitrate Dispute; May Seek Review of Decision by PERB

The People v. Mortoza

Prosecutions' Statement of Readiness Illusory; Dismissal on Speedy Trial Grounds Granted

Tansey v. Cochlear Ltd. and Cochlear Americas Corp.

Implant Maker Denied Use of Hague Convention For Discovery in Lieu of Federal Procedure Rules

Matter of Jackson

Refusing to Sign Contract Not Insubordination; Unemployment Board's Decision Reversed

Estate of Cohen

Executor's Motion to Strike Appearance Of Contingent Beneficiaries of Trust Granted

Henry Phipps Plaza South Assoc. Ltd. v. Quijano

Dissent Rules to Reverse Judgment For Landlord's Failure to Follow HUD Rules

Abdur-Rashid v. New York City Police Dept.

Court Upholds NYPD's Invocation of Glomar Doctrine to Deny Imam's FOIL Request

Krivchenko v. Clintondale Aviation, Inc.

New York-Based Air Charter Brokerage Firm Not Liable for 2011 Jetliner Crash in Russia

Mead v. Reliastar Life Ins. Co.

Remand of LTD Benefits Claim to ERISA Plan's Administrator Not Appealable Final Judgment

D'Alessandro v. Carro

Panel Rejects Reargument of Court's Refusal To Deny Nonpecuniary Damages for Malpractice

Bishop v. U.S. Dept. of, Homeland Security

DHS Redactions to Responses to Journalists' FOIA Requests Proper Under Exemption 7(E)

Matter of Muller v. Fischer

Decision Finding Inmate Guilty of Charges Unsupported by Substantial Evidence, Annulled

Tackney v. WB Imico Lexington Fee, LLC

ILSA §1703(a)(1)(B) Not Violated Where Buyer Has Property Report Before Signing Purchase Pact

The People v. Betka

Prosecutors Made No Attempt to Secure Witness' Presence From ICE for Trial, Charged With Delay

The People v. Wilson

Trial Attorney's Losing Tactics Should Not Be 'Conflated With Ineffectiveness'

Muñoz v. The Manhattan Club Timeshare Assoc., Inc.

Court Explains Reduced Fees, Costs Awarded ADA Retaliation Lawsuit's Prevailing Party

Huani v. Donziger

Court Finds Ecuador More Convenient Forum Than New York to Determine Plaintiffs' Suit

Maimonides Medical Center v. USA

Nonprofit Medical Center Is Corporation Entitled To Lesser Interest Rate on FICA Overpayments

Hack v. Stang

In Negotiating Promissory Note Oregonian Did Business in N.Y. for Long-Arm Purposes

30 West 130th Street Corp. v. White

Past Rental History Beyond Four-Year Period May be Examined for Tenant's Overcharge Claim

Gottesman Co. v. Royce Hosiery, LLC

Defendants Denied Dismissal of Complaint To Pierce Corporate Veil, Enforce Judgment

Stahl v. Spec Homes Inc.

Conveyance Given for Purpose of Repayment Deemed a Mortgage; Plaintiff Given Possession

Great Health Care Chiropractic, P.C. v. American Transit Ins. Co.

Civil Court Properly Found Provider's No-Fault Suit Against Insurer Barred by Res Judicata

Dilorenzo-Coscia v. Adirondack Ins. Exc.

Claims Dismissed as Duplicative of Contract Breach Claim; Plaintiffs' Claims Severed

Tate v. Rocketball, Ltd.

Team Granted Judgment in Gay Waiter's Bias Action Arising From Homophobic Comments

Moss v. Moss

Patent Misuse Claim in Divorce Pact Breach Suit Is Dismissed for Lack of Jurisdiction

Krevat v. Burgers to Go, Inc.

Default Judgment Against Burger Shop Over Mark Infringement Claims Explained

The Provencal, LLC v. Tower Ins. Co. of NY.

Losses Incurred by Plaintiff Excluded Under Insurance Policy; Complaint Dismissed

Brardo v. American Hope Group Inc.

Questions of Fact if Release Valid, If Attorneys Exempt Under RPL §265-b Preclude Dismissal

Lotus Acupuncture, P.C. v. State Farm Mutual Automobile Ins. Co.

Trial Court Properly Granted Summary Judgment Dismissing Provider's Complaint

Goldman v. Malagic

Order Dismissing Tenant's Rent Overcharge Claims in Nonpayment Summary Suit Reversed

Harvin v. Roth

Issues of Fact, Conflicting Expert Opinions Preclude Dismissal of Dental Malpractice Suit

Castro v. The City of N.Y.

Ex-Employee's Wrongful Termination Suit Dismissed; Claim Under CSL §75-b Barred

National Fire Ins. Co. of Hartford v. E. Mishan & Sons, Inc.

Insurers Need Not Defend Firm in Suits Alleging TCPA, Statutory, Privacy Rights Violations

Mastrio v. Sebelius

Fee Award Reversed on Finding TRO Only Returned Parties to Status Quo

Southbridge 21 LLC v. The Standard Fire Ins. Co.

FEMA Preempts Extra-Contractual Claims Over Refusal to Bargain on Flood Policy Coverage

545 Halsey Lane Properties, LLC v. Town of Southampton

Due Process Claims Dismissed in Suit Over Denial of Permit to Build Basketball Court

Allianz Global Corporate & Specialty v. MSC "Moneterey"

Negligence, Bailment Claims Over Perfume Cargo Damaged by Hurricane Sandy Dismissed

Calandro v. Avalon Bay Communities, Inc.

Worker's Claims Fail to Fall Within Ambit Of Labor Law Claims Against Owner, Dismissed

Smith v. New Falls Corp.

Lawsuit Over Judgment in Debt Action Untimely Under Fair Debt Collection Practices Act's Limit

Matter of Collins v. New York State Board of Elections

Election Law §6-130 Does Not Require Town, Or City to Be Filled in By Signer of Petition

Matter of Achtziger v. Board of Educ. of the City School District of the City of NY.

U-Rating Annulled; Deficiencies 'Undermined Integrity, Fairness of Entire Review Process'

Kost v. Louis Mosier Trust

Default Judgment, Award in Suit to Recover $156,268 Mortgage Overpayment Explained

Galtieri v. New York City Police Pension Fund

Ex-NYPD Officer's Property Rights Over Pension Resolved by State Courts After Murder Conviction

Citibank, N.A. v. Ganung

Citibank Entitled to Summary Judgment On Credit Card Debt Incurred by Debtor

Estate of Haber

Court Fixes Firm's Fees in Reduced Sums; Denies Consolidation With Accounting Suit

C G Ltd. Partnership v. Kingsbridge Heights Care Center, Inc.

Vacatur of Default Granted; Judgment Stands As Security Pending Final Disposition of Suit

Moreira v. Colvin

Law Judge Erred by Failing to Develop Record Before Denying Income, Disability Benefit Claims

USA v. Delva

Victim May Testify About Sexual Assault During Hobbs Act Robbery, Kidnapping

Travelers Casualty and Surety Co. of America v. Metropolitan Transportation Authority

Sureties' Motion for $5.46 Million Award, Credit Over MTA Security System Contract Premature

Weld-Tech Aps v. Aquasol Corp.

New York Maker of 'EZ-Purge' Device Is Mark's Senior User Over Danish Firm

Will of Sigerson

Presumption of Revocation Not Rebutted; Petition to Probate Copy of Lost Will Denied

Matter of R.H.

Godmother Appointed Guardian of Person, Property of 40-Year Old With Down Syndrome

Crotona Park Housing, L.P. v. Joseph

Landlord Fails to Show Violation of Obligation Of Tenancy in Rent Delinquency Holdover Suit

The People v. Antonio

Instrument Devoid of Facts That Defendant Exercised Control Over Gambling Device

The People v. Warden

Inmate Not Eligible for Habeas Relief as Texas Fugitive Warrant Active, Not Subject to Release

The People v. Polonsky

Request to Elicit Expert Testimony on Knife Should Have Been Granted; Judgment Reversed

Masudi v. Brady Cargo Services, Inc.

Montreal Convention Preempts Breach Claims Over Delayed, Missing Clothing Shipment