This Week's Summaries

Matter of Shure

Court Rejects JPMC's Dismissal Motion Of Petition to Disclose Internal Documents

Guzman v. The N.Y. City Transit Auth.

Dismissal of Claim as To Permanent Consequential Limitation of Use Granted


Parties Fail to Substantiate Claim to Permit Expedited Treatment of Uncontested Divorce

Intrepidus, LLC v. Bivins

Court Denies Minority Member's Motion To Compel Responses by Managing Member

Harris v. City of N.Y.

Police Not Entitled to Qualified Immunity; No Probable Cause Existed for Arrest

Richard v. Kerwin

Plaintiff Ordered to Produce Physician's Report, Or Be Precluded From Testifying to It at Trial

Padovano v. Fedex Ground Package System, Inc.

FedEx Drivers' Action Over Misclassification As 'Independent Contractors' Proceeds

Allstate Ins. Co. v. A & F Medical P.C.

Subpoena for Doctor's Deposition Not Quashed; Doctor's Compliance Not Unduly Burdensome

Massimino v. Fidelity Workplace Services, LLC

Claims 'Relate To' Covered Plan, Preempted By ERISA; Plaintiff Not Plan Beneficiary

Matter of Choice I.

Agency Fails to Satisfy Burden of Proof, Finding of Neglect Against Father Reversed

Ye v. Gold Scollar Moshan PLLC

Court Strikes Law Firm's Third-Party Complaint in Legal Malpractice Litigation

Thorpe v. County of St. Lawrence et al.

Municipal Liability Claims Fail But Malicious Prosecution, Fair Trial Claims Not Dismissed

The People v. Orbital Publishing Group, Inc.

Failure to Allege Scienter, Reliance in Support Of §63(12) Claim Not Fatal to Such Claim

Sajdlowska v. Guardian Service Industries, Inc.

Bargaining Pact Requires Arbitration Of Title VII Sex Harassment, Other Claims

Zambrana v. Pressler and Pressler, LLP

Governing 2003 Cardholder Agreement Requires Arbitration of Dispute Over Debt's Collection

The People v. Zeh

Counsel's Failure to Move for Suppression Denied Defendant Meaningful Representation

Estate of Petschek

Decedent's Widow Establishes Prima Facie Case For Summary Judgment

Matter of Kevin S. v. Carima S

Sole Legal, Physical Custody, Move to Germany Awarded Father as In Best Interests of Child

Golden Earth Chiropractic & Acupuncture, PLLC v. Global Liberty Ins. Co. of N.Y.

Order Vacating Master Arbitrator's Award As Exceeding Scope of Authority Reversed

Estate of Selikowitz

Photocopies of Lost Will, Codicil Established As True Copies as Executed, Admitted to Probate

Werner v. USA

Lawsuit's Dismissal Under FRCP 41(b) For Failure to Prosecute Is Explained

Black v. Anheuser-Busch In Bev

LMRA §301 Hybrid Claim's Dismissal Requires Dismissal of Remaining Contract Breach Claim

Quinn v. Dean North Assoc.

Limited Partner Denied Declaratory Judgment, Appointment of Receiver

Baker v. The County of Suffolk

Worker's HRL, Respondeat Superior Claims In Harassment Suit Against County Dismissed

The State of N.Y., ex rel v. Citigroup Inc.

Qui Tam Action Under N.Y. False Claims Act Remanded; 'Grable-Gunn' Test Not Satisfied

St. Joseph Immigrant Home Inc. v. Bulong

Duration of Tenants' Efforts to Relocate Not Unreasonable; Petitioner Denied Judgment

Matter of Barhite v. Town of Dewitt

Town Ordered to Award Officers Seniority Credit for Time Served as Village Officers

Fakiris v. Gusmar Enterprises, LLC

Company Found Dysfunctional, No Longer Practicable to Operate; Dissolution Warranted

E.W. Howell Co. v. The City University Construction Fund

Leave to Reargue Prior Dismissal Finding CUCF Not State Actor Granted, Adheres to Decision

Williams v. County of Nassau

Village, Police Denied Judgment in §1983 Suit; Issues Exist on False Arrest, Other Claims

Stein v. 1-800-Flowers.Com, Inc.

Shareholder Not Shown Irreparably Harmed By Two of Proxy Statement's Proposals

Figueroa v. The Ministry for Foreign Affairs of Sweden

Chauffeur's Employment Intertwined with U.N. Mission's Diplomatic Work; Breach Claim Stands

USA v. Krug

Rulings on Motions in Limine in Rights Breach Prosecution Against Police Officers Explained

Pickle v. Johnson

Plaintiff Fails to Raise Issue if 'Serious Injury' Sustained Under Insurance Law §5102(d)

Encore I, Inc. v. Kabcenell

Defendant Must Make Laptop Available to Expert To Ascertain if Relevant AOL E-Mails Remained

Family Health Management, LLC v. Coren

Repairs/Renovations did not Constitute Capital Improvements Obligating Tenants to Pay Share

Finocchiaro v. NQ Mobile, Inc.

Plaintiff Is Inadequate Class Representative; Emails Raised Risk of Animus to Defendants

Taub v. Columbia Univ. in the City of N.Y.

Professor Granted Motion to Extend Injunction, Enjoining Columbia From Altering Status Quo

U.S. Bank National Assoc. v. Shereshevsky

USBNA Denied Summary Judgment Against Defendants, Failing to Submit Proof of Service

Stuckey v. US

Robbery Convictions 'Violent Felonies' for ACCA; 15-Year Sentence for Gun Possession Stands

Klyczek v. Shannon

FHA Suit Not Dismissed; Amended Complaint Alleges Premises is Multi-Family Residence

Walton Avenue Senior HDFC v. Santana

Predicate Notice Defective, No Cognizable Claim for Eviction Found; Dismissal Granted

Thomas v. Weitzman

'Forum Defendant Rule' Barred Lawyer From Removing Legal Malpractice Action

USA v. Algahaim

Trial Court Should Consider Non-Guidelines Sentences in Light of 'Effect of Loss' Enhancements

Billiard Balls Mngmt. v. Zeris

Law Firm Fails to Show Order Did Not Prevent BBM From Maintaining Malpractice Action

Matter of R.S. v. A.P.

Magistrate Improvidently Exercised Discretion In Imputing Improper Income to Parents

Singh v. Budhna

Defendants' Default Not Result of Inadvertent Law Office Failure, But Neglect; Order Affirmed

Frattarola v. Swartz

Fraud Claim Against Aunt, Unjust Enrichment Claim Against Uncle Denied Dismissal

L.H.M.B. v. D.A.M.Q.

English Documents Submitted by Non-English Speaking Divorcing Couple Legally Insufficient

Barone v. Barone

Husband Denied Vacatur of Divorce Judgment, Wife Granted Enforcement of Support Decree

Certain Underwriters at Lloyd's v. National Railroad Passenger Corp.

Nonparty Must Respond to Amtrak's Subpoena In Suit Over Insurers' Reimbursement of Costs

Claridge v. North American Power & Gas, LLC

Rule 23 Requirements Met, Court Certifies Class In Breach Suit Against Energy Services Company

USA v. McCoy

Indictment Alleges 'Knowingly', 'Willfully' Mens Rea Element for Hobbs Act Violation

Browder v. Advertisement Carriers Enterprises, Inc.

Relevant 'Wolinsky' Factors Favor Approval Of Pact Settling FLSA Wage, Overtime Claims

Citizens Bank v. Decena

Ineffective Service of Adversary Pleadings 'Good Cause' to Vacate Default Judgment

The People v. Twist

Court Retains Jurisdiction to Adjudicate IID Violation Where Orders Required Compliance

Matter of Eklof

Court Values Decedent's 12.5% Interest In Closely Held Business at $5.2 Million

Hildred Temple v. Hudson View Owners Corp

Request for Two Parking Spaces by Apartment's Disabled Tenants Not Reasonable Accommodation

USA v. George

Extra Item in Virgin Islands Law Leads to Ruling 'Sex Offense' Under SORNA Not Committed

Strivectin Operating Co., Inc. v. Beauty

Hearing's Notice Insufficient to Put Defendant On Notice of Potential Default Judgment Entry

Dervisholli v. Triangle General Contractors, Inc.

Notebook Entries Noted in Finding Burden Met As to 2007 to Oct. 2009 Overtime Pay Claims

The People v. Oldham

Element of Possession With Intent To Use Unlawfully Insufficiently Pleaded

The People v. Pena

Defendant Fails to Meet Both Prongs Of 'Strickland' Analysis; Vacatur Denied

Matter of J.M.

Police Conduct to Stop, Frisk Unjustified; Suppression of Physical Evidence Granted

In re Stage Presence Inc.

Bankruptcy Court's Interlocutory Orders Not 'Final'; Appeal Thereof Denied

Rahn v. Rahn

Mother Granted Dismissal of Father's Motion; Court Relinquishes Jurisdiction to Virginia

Sklarski v. Niagara Falls Bridge Commission

Bridge Commission Not 'Agency' Under FOIA; Request for Severance Information Denied

Rothenberg v. Cinque Terre Financial Group

Partial Reversal of Bankruptcy Court's Orders Arising From BVI Firm's Liquidation Explained

LG Capital Funding LLC v. Intellicell Biosciences, Inc.

Quasi Contract Claim Against Third-Party Non-Signatory to Contract Fails, Dismissed

Caunitz v. IBM Corp.

ERISA Suit Over HRA Benefits Denial Dismissed; Failure to Satisfy Plan Coverage Admitted

Matter of Search of Information Associated

Defendant's Consent to Disclosure Moots Application for Warrant to Search Email

Meyer v. 148 South Emerson Associates, LLC

Counsel Ordered to Appear to Address If Conduct Showed Civil Contempt of Court

Parisi v. Wipro Ltd.

New Jersey, Delaware Whistleblower Statutes Inapplicable to New York-Based Employee

The People v. Adams

Court Dismisses Making Terrorist Threat Charge, But Criminal Contempt Remains

Haffner v. Lester

Court Finds Allegedly Defamatory Statements Not Protected by Qualified, Absolute Privilege

Haynes v. Bellport Property Investors I, LLC

Conflicting Expert Opinions Present Fact Questions Precluding Summary Judgment

Glenn-Hershey v. Chong

Conflicting Medical Opinions for Trier of Fact, Precludes Summary Judgment Dismissal

Giudice v. W. Scott Harlan

Lawsuit May Only Be Partly Amended;Fourth Proposed Cause of Action Does Not State Claim

Summit Construction Serv. Group, Inc. v. ACT Abatement, LLC

Brokers Show Entitlement to Summary Judgment Against Contractor's Fraud Suit

Perez v. ServiceMaster Cleaning and Restoration by AMS

Court Compels Production of Documents Responsive to Administrative Subpoena

866 East 164th Street, LLC v. Union Mutual Fire Ins. Co.

Court Rules on Release of Documents by Lawyer Retained to Investigate Insured's Loss

Linza v. Colvin

Dismissal for Inadequate Service Denied; Discretionary Service Extension Granted

Brooks v. Woods

Court Grants $1,000 Judgment for Return Of Legal Fees to Client as No Work Was Done

Phillips v. The City of NY

Hospital Incident Report of Employee Assault By Patient Privileged, Not Subject to Disclosure

Blue Art Limited v. Zwirner

Dismissal Denied of Dealer's Claims for Contract Breach, Purchase Rescission of Koons Sculpture

Abrego v. 451 Lexington Realty LLC

Fourth Party Defendant Granted Summary Judgment on Indemnification Cross-Claim

Kim v. Sim

Motion to Amend Answer to Add Counterclaims Not Arising From Same Transaction Denied

OneBeacon American Ins. Co. v. Fulton Boiler Works, Inc.

Partial Judgment's Denial Not Reconsidered; FRCP 8 Declaratory Action Not Brought

We Shall Overcome Foundation v. The Richmond Organization, Inc.

Challenges to Copyright in Song Survive; Fraud on Copyright Office Plausibly Alleged

Rios v. Rosado

Tenants Granted Disclosure Beyond Four Year Look Back Period in Nonpayment Suit

Metro Sixteen Hotel, LLC v. Davis

Tenant Permanently Enjoined From Filing Further Suits Without Court Approval

USA v. Heath Powers

Controlling 'Rigas' Ruling Requires De Novo Re-Sentencing After Conviction's Partial Vacatur

Alliance Housing Assoc., LP v. Garcia

Factual Questions for Trial Raised On Succession Rights Claim to Apartment

Matter of Peralta v. N.Y. State Division of Housing and Community Renewal

Deputy Commissioner's Determination Abuse Of Discretion, Annulled and Matter Remanded

USA v. Levy

Car Properly Parked, Defendant Did Not Smoke Marijuana But Gun, Drugs Not Suppressed

Bank of N.Y. Mellon v. Slavin

BNY Not Entitled to CPLR 205 Tolling Provision, Denied Summary Judgment in Foreclosure Suit

Micco v. Conagra Foods, Inc.

Injury Claimant May Alternatively Serve Firm By Serving Attorney, Mailings to Firm Addresses

USA v. Nayyar

Right to Challenge Computer Evidence Waived; Independent Source Exception Applies to Admission

Pureform Movement, LLC v. 2374 Concourse Assoc., LLC

Commercial Tenants Shows Ability to Cure Defaults, Granted 'Yellowstone' Injunction