Decisions

This Week's Summaries

Hempstead Regional Chiropractic, PC v. Allstate Ins. Co.

Insurer May Request EUO of Assignee Even After Denying No-Fault Benefits Based on IME

Matter of Chang v. The Dept. of Educ. of the City of NY.

DOE's Termination of Speech Pathologist's Contract Rational, Challenge Denied

Matter of Noel v. Maria

Court Authorizes Substituted Service Of Process Under CPLR 308(5) Via Facebook

Pastrana v. Samija

No Basis Exists to Find Homeowner Liable For Worker's Injuries; Dismissal Granted

USA ex rel. v. Arch Ins. Co

Action for Wages Due Under Davis-Bacon Act On Miller Act Bond Issued by Insurer Dismissed

Encarnacion v. Isabella Geriatric Center

Despite Untimely Demand, 'Higgins' Factors Favor Jury Trial; Strike Motion Is Denied

The New York State Division of Human Rights v. 111 East 88th Partners

Testimony, Evidence for Tenant to Keep Dog As Accommodation by DHR Precluded

The United States of America ex rel. v. DHL Express (USA), Inc.

False Claims Suit Over Delivery Firm's Jet Fuel Surcharge on Ground Deliveries Is Dismissed

Clopay Plastic Products Co., Inc. v. The Excelsior Packaging Group, Inc.

Third-Party Complaint Dismissed for Lack Of Personal Jurisdiction Over Israeli Firm

Baron v. Suissa

Ex-Girlfriend's Action for Constructive Trust Of House Dismissed Based on Prior Testimony

Burns v. Fumarola

Court Officer Not Immune in Lawyer's Rights Action After Arrest for Courtroom Behavior

Scholem v. Acadia Realty Ltd. Partnership

Court Finds Employee Terminated for Cause Not Entitled to Enhanced Severance Benefits

USA v. Brown

Indictment Charging Kidnapping Violating 'Federal Kidnapping Statute' Not Dismissed

QBE Americas, Inc. v. ACE American Ins. Co.

QBE Granted Motion in Declaratory Action Against Insurer Darwin, Denied Against AIG

Matter of Araujo v. New York State Department of Motor Vehicles

Driver Denied Declaration DMV, Commissioner Arbitrarily, Unreasonably Denied Relicensure

In re Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA.

Insureds Need Not Arbitrate Given Carrier's Failure to File Arbitration Pacts Under Law

Fox News Network, LLC v. TVEyes, Inc.

Broadcast Monitor's Database a 'Fair Use' Protecting Against Infringement Claims

Vintage Flooring and Tile, Inc. v. DCM of NY LLC

Undertaking Ineffective as Never Filed With Clerk of Court; No Automatic Stay

USA v. Pass

Gun, Pack Contents Not Suppressed; Store's Guards Were Not Government Agents

Mediterranean Shipping Co. (USA) Inc. v. American Cargo Shipping Lines, Inc.

'Agent' Status Renders Shipper Not Liable For Charges Over Cargoes' Late Pick Up

Mercure v. SBH Trucking, Inc.

Triable Issues of Material Fact Preclude Dismissal of Officer's Personal Injury Suit

New York City Housing Authority Webster Houses v. Christian

Tenancy Not Reinstated by NYCHA's Acceptance Of Rent; Dismissal of Holdover Suit Denied

Racewicz v. Alarm Processing Systems, Inc.

Firm's Managing Agent Adequately Alleged To Be Electrician's Employer Under FLSA

Perez v. Progenics Pharmaceuticals, Inc.

Drug Firm Denied Reconsideration of Judgment's Denial in Chemist's SOX Whistle-Blower Case

Estate of Werper

Court Significantly Reduces Amount of Legal Fees Finding Original Request Unreasonable

U.S.A. v. Hirsch

Summary Judgment's Denial in Suit to Recover $1.4 Million in Taxes From Divorcee Explained

The People v. Figueroa-Norse

Verdict Convicting Defendant of Endangering Welfare of Child Not Against Weight of Evidence

United General Title Ins. Co. v. Karanasos

Bankruptcy Court Erred in Finding Property Not Conveyed to Hide Interest From Creditors

Panagos v. Brooklyn Botanic Garden Corp.

Questions Remain if Steps' Design Created 'Optical Confusion' Precluding Dismissal

Cea v. Potter

No Showing of Politicians' Conspiracy With TV Station to Deprive Show Hosts of Rights

SS Medical Care v. Eveready Ins. Co.

Insurer Has Not Received Verification Requests; Provider's Action Premature

Matter of Ginsberg

Court Finds Objectants Lack Standing To Object to Petitioner's Final Accounting

Colony Ins. Co. v. Danica Group, LLC

Insurer's Suit to Enforce Policies Dismissed Under N.Y.'s Election of Remedies Doctrine

McCrudden v. National Futures Assoc.

Regulators' Immunity From Damages Action Alleging Antitrust Law Breaches Explained

The People v. Bishop

Dismissal of Instrument Alleging Unlawful Solicitation of Ground Transportation Denied

Johnson v. City University of New York

Work Harassment Cannot Form Basis for Title VII Suit Absent Membership in Protected Class

Barton Mines Co., L.L.C. v. Miller

Court Explains Refusal to Issue TRO Grounded On Knowledge of Proprietary Information

The People v. Fagan

Dismissal of Instrument Charging Reckless Endangerment, Climbing Bridge Denied

Ley v. Novelis Corp.

Despite Believed Unfair Labor Practices Court Declines Interim Bargaining Order's Issuance

The People v. Ruben

Instrument Sufficiently Pleaded Attempted Obstruction of Breathing; Dismissal Denied

Matter of Altman

No Evidence Decedent Intended to Change Domicile; Proper Venue Lay in Onondaga

The People v. Raymore

Defendant Cannot Benefit From Holding In 'Padilla' Decided Years After Conviction

The People v. Myhand

Warrant Application Established Probable Cause To Believe Cocaine Would Be Found in Premises

Shirley Elfie Life Trust v. Pinkesz

Breach of Fiduciary Duty Claim Dismissed In Action Involving Beth Din Award

Bee v. Sharma

Questions Exist As to Whether Doctor Properly Prescribed Drug to Alcoholic

Freienstein v. Mandarin Oriental New York Hotel, LLC

Fact Issues Exist As to Liability of Hotel, Subcontractor That Installed Glass Door

Colonial Surety Co. v. Millennium Century Construction, Inc.

Court Considers Application of 'Prima Facie' Clause in Indemnification Agreement

Record Insufficient to Decide Firm's Entitlement To Constructive Trust, Unsecured Creditor Status

Record Insufficient to Decide Firm's Entitlement To Constructive Trust, Unsecured Creditor Status

Earlene House v. Commissioner of the Social Security Administration

Evidence Supports ALJ's Finding of Residual Capacity for Sedentary Work During 2010

Gelb v. Federal Reserve Bank of New York

New York Fed Denied Judgment in FOIA Case Due to Inadequately Detailed Declaration

FTBK Investor II LLC v. Genesis Holding LLC

Written Assignment of Mortgage Is Ineffective Retroactively Before Assignment Executed

Westreich v. Westreich

Wife's Pendente Lite Motion Granted; Husband to Pay Carrying Charges for Homes

Reiseck v. Universal Communications of Miami, Inc.

Reduced Fees Awarded Plaintiff's Counsel In FLSA Overtime Action Explained

Travelers Property & Casualty Ins. Co. v. AGG Creperie

Sprinkler, Alarm Firms Granted Judgment In Subrogation Case Over Strip Mall Fire

Mike Garcia Merchant Security, LLC v. Delta Security Services, Inc.

Plaintiff Shows Entitlement to Recognition, Enforcement of Texas Judgment

Lighthouse Vacation Props. v. Kessler

Owners Denied Dismissal of Breach of Contract Complaint Seeking Broker's Commissions

The PACA Trust Creditors of Lenny Perry's, Inc. v. Genecco Produce, Inc.

Bankruptcy Court Must Decide if Debt Is PACA Trust Ineligible for Set-Off

Liberty Global Logistics LLC v. U.S. Maritime Administration

APA, FOIA Claims Over Maritime Agency's Award of Military Sealift Contracts Dismissed

Goodwine v. Lee

Bid to Disqualify DA's Office Due to Prosecutor's Alleged Breach of State Discipline Rules Rejected

Ralph Lauren Corp. v. U.S. Polo Assoc., Inc.

Arbitration Over Indian Company's Use Of 'Polo' Settlement Marks Is Compelled

N.Y. City Housing Authority v. Lopez

Court Appoints GAL for Tenant of Record's Adult Son, Stays Warrant of Eviction

Matter of Troeller v. The N.Y. City Dept. of Educ.

DOE's Decision to Extend Contract Did Not Form New One Subject to Competitive Bidding Statutes

Schaefer v. Mackinnon

Professional Practice Shareholders Denied Summary Judgment Under BCL §1505(a)

Vulcan Capital Corp. v. Miller Energy Resources, Inc.

Share Warrants Rescission Action's Transfer To District Court Serving Dallas Is Explained

Dipizio Construction Co., Inc. v. Erie Canal Harbor Development Corp.

Panel Reverses Order, Dismisses Construction Company's Fourth and Sixth Causes of Action

Bennett-Kolasa v. Town of Allegany

Immunity Noted in Dismissal of Rights Charges Arising From Action Over Guard Dog's Barking

K.M. v. Mobley

Expedient Service in Personal Injury Action Denied But Time to Serve Defendant Extended

Wang v. Wong

Preliminary Injunction Restraining Defendant From Making Defamatory Statements Denied

Morton v. 338 West 46th Street Realty, LLC

Court May Look Beyond Four-Year Look Back Period to See if Landlord Engaged in Fraud

STP Assoc., LLC v. Hess

Acceptance of Rent After Expiry of Six-Month Notices Did Not Vitiate Notices

Spiro v. Healthport Technologies, LLC

Law Firm, Not Plaintiffs, Was Party Injured By Hospitals' Page Charge to Copy Records

Capitol Records LLC v. ReDigi Inc.

Complaint Adequately Alleges Firm Officers Involved in, Liable for Infringing Activities

Whelehan v. Bank of America Pension Plan for Legacy

Retiree Was Not Duly Diligent in Pressing Her ERISA Claim on Administrative Appeal

Sky Medical Supply Inc. v. ELRAC Inc.

Claimant Properly Notified Insurer Orally; Judgment Granted in Provider's Favor

CSX Transportation, Inc. v. Emjay Environmental Recycling, Ltd.

Rail Carrier Granted Judgment on Bid for Note's Unpaid Balance, Unpaid Freight Charges

Denmark v. Shamah

Homeowners Have Prescriptive Easement; Injunction Against Neighbors Granted

Bielby v. Middaugh

Collateral Estoppel Bars Constructive Discharge Claim, But Res Judicata Inapplicable

Rocco v. The City of NY.

Court Denies City's Motion to Dismiss Firefighter's Personal Injury Action

Livecchi v. The City of Geneva

City Court Judge Entitled to Absolute Immunity In Suit Over City's Actions Against Building

Safa v. Deutsche Lufthansa Aktiengesellschaft, Inc.

Traveller Suffering Medical Emergency Denied Damages; Crew Followed Airline Policy, Procedure

Aplin v. McCrossen

County Bodies Properly Applied State's Directive In Nursing Home Aid Eligibility Determinations

Matter of VanSavage v. Jones

Panel Reinstates 203 Signatures, Candidate Presumptively Qualifies for Primary Election

U.S. Bank National Assoc. v. Pia

Bank Found in Contempt for Failure to Comply With Prior Court Orders, Judgment

Matter of Richard N.

Recalcitrant Juror Who Abandoned Trial Fined, Not Given Credit for Service

Kim v. Park

Order Reversed, Summary Judgment Dismissal Of Personal Injury Suit Denied as Issues Remain

Philip Morris USA Inc. v. Los Corazones Deli Grocery Inc.

Court's $5,000 Coercive Fine on Deli Selling Counterfeit Marlboro Cigarettes Explained

Lepre v. New York State Ins. Fund

EPA Action Objector's Claims Against U.S. Untimely; Sovereign Immunity Not Waived

Matter of Barfreebedford v. The New York State Liquor Authority

Petitioners Fail to Show Liquor Authority's Grant of Conditional License Unreasonable

Chettri v. Nepal Bangladesh Bank, Ltd

Suit Against Nepalese Entities Dismissed; Service Did Not Satisfy FSIA, Immunity Not Negated

The Hispanic Leadership Fund, Inc. v. Walsh

N.Y. Election Law's Contribution Limits Unconstitutional as Applied to Organizations

Matter of Wagner

Panel Finds Surrogate Erred in Distributing Trust Principal to Baumann, Remitting Matter

Glenn Segal PT, P.C. v. GEICO

Judgment Reversed, GEICO Entitled to Dismissal Of Provider's Motion for No-Fault Benefits

Estate of Roberts

Judge Disqualified as Administrator's Ex-Lawyer Represents Court's Stepdaughter in Other Suit

American Tax Funding, LLC v. City of Syracuse

Indemnification Clauses Do Not Authorize Legal Fee; Unjust Enrichment Claim Is Precluded

The People v. Weissman

'Riley' Prohibits Warrantless Search of Mobile Phone; Pictures, Data Recovered Suppressed

The People v. Long Island Railroad

Charges Against LIRR Proprietary in Nature, But Court Dismisses in Furtherance of Justice

Trachtenberg v. Failedmessiah.com

Lack of Jurisdiction Over Defamation Claim Arising From Web Site Article Is Explained

Stevens v. HMSHost Corp

Overtime Suit Decertified as Collective Action; FLSA Exemption Decision Needs Individual Proof