This Week's Summaries

The People v. Dent

Officers Had Reasonable Cause to Believe Cards Forged, Defendant Lacks Expectation of Privacy

The People v. Warden

Writ of Habeas Corpus Granted; Court Finds Petitioner's Due Process Violated

The People v. Gomez

No Offer of Coordination Test to Non-English Speaker did not Violate Equal Protections

Rodriguez v. River Val. Care Ctr. Inc.

Decedent's Son Lacked Legal Capacity to Sue For Wrongful Death on Estate's Behalf

Osuji v. Federal National Mortgage Association

Bankruptcy Court Did Not Abuse Its Discretion In Abstaining From Related Foreclosure Suit

Johnson v. Thompson

Bias Claimant Must Produce Documents Related to Her Efforts to Find Another Job

Graham v. Prince

Infringement Suit Over Rastafarian Photo Clears Invocation of 'Fair Use' Defense

Magnesium Corp. of America

No Error in Finding Bidder Good Faith Buyer Of Part Interest in Adversary Suit's Judgment

Goulds Pumps, Inc. v. DXP Enterprises, Inc.

Award Denying Damages Despite Agreement's Breach Upheld; Arbitrator's Powers Not Exceeded

Matter of Tong

Constructive Trust on Brokerage Account Denied Dismissal, Estate Not Entitled to IRA Proceeds

The People v. Migliaccio

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

Ferebee v. The City of N.Y.

Probable Cause Existed to Arrest for Protective Order's Violation, to Charge for CPCS Over Pills

The People v. Dampha

Supporting Deposition Unnecessary to Convert Complaint Due to Excited Utterance Exception

USA v. Gasperini

SCA's Statutory Violation Does Not Require Suppression of Evidence in Case Against Italian

The People v. Cunningham

Length, Nature of Delay Warrants Dismissal Of §1192(1) Charge on Speedy Trial Grounds

Will of Walsh

Petitioner Cannot Overcome Presumption Of Revocation by Destruction; Probate Denied

The People v. Fahey

Court Finds No Legal Basis Found to Disturb Plea, Set Aside Legally Imposed Sentence

Will of Weisner

Trustee Had Authority to Nominate Successor; Beneficiary Denied Summary Determination

AdsOn5th, Inc. v. Bluefin Media, Inc.

Evidence, Pact Shows Defendant Contracted With Nonparty Canadian Firm, Not Plaintiff

Garces v. The N.Y. City Housing Auth.

Intolerable Work Conditions, Disability Nonaccommodation Claims Pleaded

The People v. Halle

Prosecutors Granted Motion to Compel DNA Swabs; Defendants Granted Protective Orders

Washington v. Ilund

Officers Unaware Plaintiff Lived at Home When They Went in Search of Coplaintiff's Father

McQueen v. Bank of N.Y.

Loan Modification Application Did Not Resurrect Expired Statute of Limitations on Mortgage

Fisher v. Community Workshop Resources Corp.

Fact Questions Raised if Worker Sole Proximate Cause of Injuries, Denying LL §240(1) Motion

Mitchell v. Siersma

Mental Health History Deemed Privileged; Distress Claim No More Than 'Garden Variety'

Markham Gardens L.P. v. 511 9th LLC

Judgment Debtors Raise Sufficient Fact Issues Transfers Are For Legitimate Business Purposes

Weiss v. Macy's Retail Holdings Inc.

Macy's, Employee Did Not Agree to Arbitrate; 'Election Form' Ambiguous, Misleading

NRP LLC I v. Elo Management LLC

Settlement Did Not Create Voluntary Surrender By Lessee to Permit Undertenants' Possession

Panzeca v. Andreas Letkvosky Architecture, PC

NYC Human Rights Law Claims Dismissed; Triable Issues Raised Regarding Termination

Doe v. Doe

Guilty Pleas Lead to Summary Judgment As to Liability on IIED Claim Over Sex Video

MFC Real Estate LLC v. Litt

Defendants' Defense in Action Representing Foreclosure Proceedings Procedurally Barred

Davis v. Annucci

Late-Filed Answer Not Dismissed as Sanction For Noncompliance With Scheduling Order

Broad. Music, Inc. v. Rider Rock's Holding LLC

Default Judgment Granted in Infringement Suit; Statutory Damages, Legal Fees Awarded

Maloul v. New Colombia Resources, Inc.

Both Sides Denied Summary Judgment In Suit to Recover Unpaid Loans, Interest

New Whitehall Apartments LLC v. S.A.V. Associates Inc.

Indefiniteness of Modification Agreement Renders Post 2014 Period Unenforceable

Hall v. USA

Court Lacks Jurisdiction Over 'Jeopardy Levy' Challenge; Remedies Were Not Exhausted

Pasternack v. Shrader

ERISA Claims' Dismissal Upheld; Consultancy's Stock Rights Plan Not an Employee Pension Plan

Estate of Kirsch v. USA

Estate's Suit for Refund of Tax Overpayment Dismissed as Time Barred Under 26 USC §6511

Aviles v. Santana

Tenant's Challenge to Defective Verification Signed by Landlord's Agent Rejected

36 East 20th Str. Realty Co LLC v. Parea Group LLC

Landlord's Prior Knowledge, Tenant's Removal Of Flagpole Dismisses Eviction Proceeding

161 Holding Ltd. v. Goris

Delay in Notifying Landlord of Tenant's Vacatur Insufficient to Find Prejudice

Westbury Senior Living, Inc. v. Clements

Special Proceeding Against Guarantor Under RPAPL §713-a, SSL §461-h Dismissed

659 Ocean Realty, LLC v. Tuckett

Tenants Did Not Breach Stipulation By Having Foster Child in Premises

New York Legal Assistance Group, Inc. v. USA

NYLAG, DOE Granted Part Judgment in Challenge To Withholdings Under FOIA Exemptions 5, 7(E)


Husband Fails to Provide Proof of Residency To Commence, Maintain Divorce Proceeding

Merendino v. Costco Wholesale Corp.

Worker Was Sole Proximate Cause of Fall, Claims in Personal Injury Action Dismissed

Lazo v. Bacher

Conflicting Medical Expert Reports Raise Issues For Trier of Fact in Personal Injury Action

GE Funding Capital Market Services, Inc. v. Nebraska Investment Finance Authority

NIFA Denied Judgment as to Its Entitlement To Interest Payments After Bonds Redeemed

Moss v. BMO Harris Bank

RICO, GBL Claims Against Bank Over 'Payday' Loan Dismissed; Enrichment Claim Survives

Carone v. St. George Theater Restoration, Inc.

Theatre Bears Two-Thirds Responsibility For Patron's Injuries Sustained in Fall

Silipigno v. USA

Government Granted Judgment on Refund From 2005 Taxes Based on NOL Carryback

Matter of Sledziona

Banking Law §675 Presumption Inapplicable; Judgment to Decedent's Brother Denied

Chan v. A Taste of Mao, Inc.

Failure to Sign Form Tantamount to Rejection Of Prior DOL Settlement in FLSA Wage Case

Sanchez v. Diallo

Dismissal of Personal Injury Action for Failure To Show Serious Injury Sustained Denied

Gust, Inc. v. Alphacap Ventures, LLC

Ruling Holding Counsel Liable For Multiplying Proceedings in Patent Case Not Reconsidered

USA v. Wales

Government Is Entitled to Unpaid $122,072 Tax Liability's Reduction to Judgment

Matter of K.S.

Juvenile Delinquent Granted Leave to Renew, But Denied Court Issuing SIJS Finding

McKoy v. Uliss

Employee's FCA Retaliation Claim Dismissed As Against Professional Corporation's Principal

The People v. Manuel

Accusatory Instrument Not Multiplicitous On Endangering Welfare of Child Charge

The People v. Julien

'Padilla' Cannot Be Applied Retroactively To Grant Vacatur to Case Decided Before 2010

Wallach v. Smith

11 USC §356(c)(2) Barred Trustee's Assumption Of Executory Contract to Issue Debtor's Stock

Coleman v. System Dialing LLC

Guardian's Suit Over Infringement of Father's Jazz Recordings Dismissed for Failure to Prosecute

The People v. Antunez

Defendant's Refusal to Blow Into Machine Properly Deemed Refusal; Suppression Denied

Will of Weiss

Motion to Set Aside Waiver to Probate Denied; SCPA 1404 Exam of Executor Granted

Merchant Cash & Capital, LLC v. Haute Society Fashion, Inc.

Joint, Several $296,440 Default Judgment In Future Revenues Finance Case Explained

Estate of Gluckman

Leave to Renew Granted, Reformation Of Disposition Of Trust Remainder Denied

The People v. Wolf

Errors Not Prejudicial to Deprive Defendant Of Effective Assistance of Counsel, Fair Trial

Partita Partners LLC v. USA

Building Owner Denied Judgment on Dispute Over IRC §6662 Underpayment Penalties

The People v. Elbosheshi

Defendant Found Guilty of All Counts Of Sexual Abuse, Attempted Forcible Touching

Federal Ins. Co. v. Metropolitan Transportation Auth.

Insurer Denied Injunction Barring MTA, NYCTA From Enforcing Performance Bond

Matter of Bisogna

Court Grants Movant Dismissal of Certain Objections, Orders Clarifications on Others

The People v. Praino

Dismissal of Contempt Charges For Facial Insufficiency Denied

Nix v. Office of the Commissioner of Baseball

State Law Claims Remanded After Federal Claim's Voluntary Dismissal With Prejudice

The People v. Evans

Officer's Conduct Fell in Ambit of Official Misconduct; Dismissal of Charges Denied

Mill-Run Tours, Inc. v. Windstream Services LLC

Agreement's Liability Limitation Clause Bars Firm From Seeking Consequential Damages

JS Barkats PLLC v. Blue Sphere Corp.

Diversity Lacking, Suit Is Remanded; Nevada Firm's 'Nerve Center' Not Shown To Be in U.S.

The People v. Egle

Patient Denied Dismissal of Proceeding To Convert Him From Criminal to Civil Status

Securities and Exchange Commission v. Platinum Management (NY) LLC

SEC Fraud Action Stayed Pending Resolution Of Criminal Case Against Individual Defendants

Matter of Allstate Indemmity Co. v. Asillo

No Nexus Established Between Accidents To Warrant Hearing, or Stay Arbitration

Jorge v. Piola Property Management LLC

Dismissal Granted to Punitive Damages, Not Contract Breach of Lien Law Claims

Thomas v. Shiloh Industries, Inc.

Plant Controller's Scienter Not Imputed To Firm in Suit Arising From Fraud

145 W. 21st Realty LLC v. First West 21st Street LLC

Newly Constructed Building Owner Granted Dismissal of Trespass Claims by Adjacent Owner

Hammond v. Smith

Divided Panel Affirms Dismissal of Breach Complaint Finding No Partnership Existed

Suarez v. Mosaic Sales Solutions US Operating Co., LLC

Suit Claiming Job Offer's Rescission Contrary To NYCFCA Dismissed for Lack of Jurisdiction

Grecco v. Associated Press

Denial of Claims for Damages, Legal Fees In §412 Infringement Action Explained

One Westbank, FSB v. Rodriguez

Plaintiff's Motion to Reargue Timely, Had Standing to Sue; Interest Disallowed

Northern Leasing Systems, Inc. v. Kollars

Panel Finds no Basis to Disturb Jury's Supported Findings of Fraud, Forgery

Hart v. BHH, LLC

Fraud Claims Survive Under Economic Loss Rule's Fraudulent Inducement Exception

Matter of Yin v. State of N.Y. Depart. of Taxation and Finance

Panel Rejects Challenge to Tribunal Sustaining Sales, Use Tax Assessments; Confirms Decision

Statler v. Dioguardi

Court Found No Adequate Grounds Existed To Issue Tenant 'Yellowstone' Injunction

Abate v. County of Erie

Order Granting Motion to Compel Disclosure Of 911 Records of Stranded Motorists Affirmed

Concotilli v. Brown

Failure to Show Evidence to Pierce Corporate Veil Grants Dismissal Against Company's Owner

Mortgage Resolution Servicing, LLC v. JPMorgan Chase Bank, N.A.

Even if Deponent's Testimony Includes Trade Secrets, Privilege Does Not Bar Their Disclosure

The People v. Flores

Anonymous Jury Deprived Defendants of Right To Fair Trial; Convictions Reversed

Matter of Fire Island Ferries, Inc.

Acceptance of Belatedly Proffered 'Rebuttal' Materials Denied; Materials Not Newly Discovered

USA v. Campbell

Defendant Cannot Require Codefendant To Undergo Competence Examination

Aleksanian v. Cuomo

Former Drivers' Title III Violation Claims Mooted By DOL Finding Uber Paid Them as Employees

BC v. Inwood House

Foster Agency Denied Dismissal of Common Law Negligence Claims for Child's Lead Exposure

Ocean 152 LLC v. Williams

Tenant Did Not Have Capacity to Knowingly Enter into Stipulation to Surrender Tenancy