Decisions

This Week's Summaries

Will of Spacek

Executor Did Not Flag, Nor Hide Joint Accounts; Revocation of Release Denied

Edwards v. City of Mount Vernon

Record Not Sufficiently Complete to Show Court Presented With Information to Issue Warrant

The People v. Lubrano

Execution of Amended Judgment of Conviction Was Stayed, January 2013 Judgment Reversed

Bell v. Xerox Corp.

Partial Dismissal of Early Retirees' ERISA Suit To Ensure Unaltered Lifetime Benefits Explained

Tribeca Equity Partners L.P. v. Savitt

Attorney Denied Renewal/Reargument Of Prior Order Denying Motion to Vacate

USA v. Sorrentino

Money Launderer Cannot Enjoin Sale of Forfeited 12.8 Acres of Property for $200,000

Diba Family Ltd. Partnership v. Ross

Split Causes of Action Bar Eviction Proceeding's Prevailing Party From Recovering Legal Fees

Document Security Systems, Inc. v. Coupons.com, Inc.

Firm Not Entitled to Damages for Coupon Maker's Alleged Use of Anti-Counterfeiting Technology

Sleppin v. Thinkscan.com, LLC

Causes of Action 'Qualitatively Different' From Copyright Claim, Not Preempted by Copyright Act

The People v. Akassy

Vacatur of Judgment of Conviction Denied; Defendant Received Meaningful Representation

Estate of Rothschild

Stamp, Coin Collections Not Construed Part Of Decedent's Tangible Personal Property

The People v. Walters

Defendant Denied Motion to Renew/Reargue; CPLR 2221 Not Proper Vehicle in Criminal Law

Glover v. Colliers International NY, LLC

Age Discrimination Claim Stayed Pending Arbitration Under Employer's Pact With Union

Novick v. AXA Network, LLC

Adverse Inference Jury Instruction, Motion Fees Granted as Sanction for Recordings' Spoliation

Rutz v. Rutz

Mother Found More Fit to Parent, Awarded Sole Legal, Physical Custody of Children

Guardianship of Louis C.

Mother Given Chance to Present Medical Proof Of Unavailability at Hearing to Revoke Letters

Cargo AG v. Total Airport Services, Inc.

Admissibility of Evidence About Similar Plane's Repair Should Be Decided at Trial

Niedermaier v. Southern Tier Building Trades Benefit Plan

Due to 'Artificial Implant' Exclusion Cochlear Implants Were Not Covered by Benefits Plan

Joseph M. v. Lauren J.

Custody Motions Premature, Wife Denied Child Support as Husband Custodial Parent

The People v. Christburg

Grand Larceny Charges Dismissed as Proof Of Stolen Property's Value Insufficient

Newport Gardens Assoc. v. McCoy

Allocution of Illiterate Pro Se Tenant Far Below Minimum Level Rendering Stipulation Unjust

Microtech Contracting Corp. v. Mason Tenders District Council of Greater New York

Norris-LaGuardia Act Divests Court of Power To Enjoin Inflatable Rat's Display at Job Site

Micca v. Board of Edu. of the City School Dist. of the City of N.Y.

BoE Denied Dismissal of Challenge to U-Rating For Principal's Failure to Conduct Observation

LVN Corp. v. Khan

Order to Show Cause to Intervene, Represent Foreclosure Defendant Denied as Meritless

Teichmann v. State of N.Y.

Complaint's Dismissal for Failure to State Claim Affirmed; 'Heck' Exception Issue Not Reached

U.S.A. v. Ulbricht

Superseding Indictment Properly Includes Counts Asserting Alternate Liability Theories

Lumen View Technology, LLC v. Findthebest.com, Inc.

'Octane Fitness' Factors Support Enhancement Doubling Lodestar Award Under 35 USC §285

Prestige Medical P.C. v. Travelers Home and Marine Ins. Co.

Insurer Forfeits Right to Issue Untimely Denial For Failing to Abide by Verification Procedures

Maskaev v. Rappaport

Claims Under Muhammad Ali Boxing Reform Act Deemed Barred by Four-Year Limit Period

Matter of Richard AA

DA's Request Authorizing Disclosure of Grand Jury Presentment Denied; Seal of Suit Ordered

Eastern Parkway Hap Assoc. LP v. Rivera

Grandson Entitled to Inherit Premises Despite Tenant's Failure to List Him on Income Affidavit

Forcucci v. Board of Education of Hamburg Central School Dist

School Board Member Lacks Property Interest In Elective Office, Fails to State §1983 Claim

1700 First Ave. LLC v. Parsons-Novak

Landlord Need Not Serve Prescribed Notices On Occupant Who Is Not on Lease

Tjeknavorian v. Mardirossian

Filmmakers Did Not Transfer Copyright Interests In Film About Armenian Genocide to Its Funder

TouchTunes Music Corp. v. Rowe International Corp.

Court Explains Its Reduced $2.728 Million Fee Award in Long Contested Patent Action

Williams v. Carter

Already in Custody for Burglary, Liberty Not Deprived by Arrest, Charges for Other Burglary

Holmes v. Johnny G's Restaurant, Inc.

Plaintiff's Failure to Prosecute His Case Leads To 'Dram Shop' Action's Rule 41(b) Dismissal

Matter of Green

Affidavits Concerning Personal Transactions With Decedent Violate Dead Man's Statute

BAC Home Loans Servicing, LP v. Ramsay

Questions Exist Involving Circumstances of Loan Origination, Predatory Loan Practices

Breitman v. Xerox Education Services, LLC

Rule 23(a) Satisfied But Classes Not Certified Where Individual Questions Predominate

The People v. Hubsher

People's Application to Prohibit Defendant From Offering Certain Evidence Is Untimely

Patterson Belknap Webb & Tyler LLP v. Stewart

Defendant Fails to Provide Reasonable Excuse for Delay in Answering Complaint

Estate of Kaufman

Court Has No Subject Matter Jurisdiction To Decide Title to Real Property in Florida

Advance Watch Co., Ltd. v. Pennington

Lanham Act, Loyalty Duty, Other Claims Survive In Action Over Watch Executive's 'Defection'

Matter of East River Housing Corp. v. N.Y. State Division of Human Rights

Petitioner That Fought Against DHR's 'Arbitrary' Ruling Is Entitled to Fees

In re Application Pursuant to 28 U.S.C. §1782 of Okean B.V.

Documents' Production Unduly Burdensome, Intrusive on Law Firm; Subpoena Quashed

Zeak v. USA

Failure to Provide Expert Testimony About Care Standard, Breach Fatal to Malpractice Claim

Will of Curran

Court Grants Application for Preliminary Letters Testamentary Subject to Bond

Tilimbo v. Posimato

Court Denies Motion of Objectants in Will Contest to Join Lawyer As a Defendant

Gibbs v. Porath

Court Determines Shared Boundary Line To Be As Depicted on a Survey Map

Lacasse v. Sorbello

Fact Issues Exist as to Whether Unsafe Use of Ladder Was Sole Proximate Cause of Accident

Stone v. Colvin

Law Judge Erred on Standard in Deciding If Intellectual Disability a 'Listed' Impairment

In re Glick v. Harvey

EIS Did Not Need to Consider Environmental Impacts of Relocating NYU Project

Will of Young

Production of Documents Relating to Estate Administration Is Beyond Purview of §1404

Martinez-Done v. McConnell

Detainee Claiming to Be Removable, If At All, Under INA §236(a) Is Entitled to Bond Hearing

USA v. Samuel

Sentences, Restitution Imposed in Mortgage Fraud Scheme, London Kidnapping Explained

Estate of Stile

Administrator Given Time to File Account Or Face Revocation of Letters of Administration

Board of Managers of the South Star v. WSA Equities, LLC

Complaint Fails to Allege Relationship Between Condo Unit Owners, Sponsors

Matter of Aurea C.F.

Mother May Establish, Fund Supplemental Needs Trust for Her Disabled Daughter

Turchio v. Foremost Ins. Co. Grand Rapids

Insurer Must Indemnify Boat Owner for Liability Arising From City's Action Over Bridge Crash

300 East 85th Street Housing Corp. v. Dropkin

Court Grants Attorneys' Fees to Tenants After Landlord Fails to Timely Restore Proceeding

A. E. v. M. B. A.

After Conducting Neutral Forensic Exam, Court Grants Sole Custody of Boys to Mother

Duff v. Holder

Habeas Relief Deemed Time Barred as Sought More Than One Year After Conviction Final

The Comptroller of the City of N.Y. v. The Dept. of Finance of the City of N.Y.

Comptroller Has Broad Authority to 'Audit All Agencies,' Is Entitled to Review Tax Returns

Matter of Carter A.

Social Services Department Properly Adjudicated Child Permanently Neglected

Matter of Ramirez

Court Grants Transgendered Undocumented Immigrant's Application for Name Change

Maiaro v. Alarm Specialists, Inc.

Magistrate Judge Did Not Err in Permitting FLSA Complaint's Amendment to Add Plaintiff

TTO Drilling Co., Inc. v. Hopkinson

Notes' Payment Cannot Be Accelerated While Partnerships' Duties to Holder Not in Default

Miller v. Walters

Suit Against Sports Management Firms Fails to Allege Relationship for Unjust Enrichment

Beem v. Noble Americas Corp.

Dismissal of Breach Claims for Commission Based on Executive's Placement Explained

Thompson v. Donovan

Dismissal of Tenants' Suit Over Submetering Of Utility Bills as 'Additional Rent' Explained

Nowlin v. Lusk

$3,663 Motion Expense Award, Divided Equally Between Defendants Is Reasonable

68 S.P. Realty LLC v. Lawton

Landlord That Obtained Possessory Judgment Is Entitled to Attorneys' Fees From Tenant

Q.C. v. L.C.

Hearing Will Determine If Husband in Divorce Action May Set Aside Stipulations

Posses and Chasan CPA'S PLLC v. Raj and Raj Realty, Ltd.

Action That Is Not for a 'Sum Certain' Is Not Eligible for a Clerk's Judgment

Matter of Retired Public Employees Assoc., Inc. v. Cuomo

Effectuating Reduced State Contribution Rates Is in Compliance With Civil Service Law

U.S.A. v. Quinones

Drugs Defendant Denied Bail as 'Danger'; Charges Trigger Presumption of Detention

Goodman v. AssetMark, Inc.

'Toice' Not Grounds to Reconsider Fiduciary Duty Breach Claim's Dismissal Under SLUSA

U.S.A. v. Greenberg

Credit Card Fraud Perpetrator's Renewed Bid For Acquittal Judgment, New Trial Is Denied

Getty Images (US), Inc. v. Microsoft Corp.

Disable of Widget Shows Getty Not Irreparably Harmed; Preliminary Injunction Is Denied

Apolonio v. Haav 575 Realty Corp.

Court Denies Motion to Vacate by Defendants, Who Failed to Answer, Chose Not to Appear

St. Lawrence Factory Stores v. Ogdensburg Bridge and Port Auth

Proposed Construction of a Retail Factory Outlet at Ogdensburg Site Was Not Feasible

Electrodiagnostic & Physical Med PC v. Maya Assurance Co.

Res Judicata, Collateral Estoppel Prevent Defendant From Raising No-Fault Defense

Green Earth Farms Rockland LLC v. Town of Haverstraw Planning Board

Change in Site Plan After Completion of SEQRA Process Required Preparation of EIS

HLP Properties, LLC v. Consolidated Editson Co. of N.Y., Inc.

Refusal to Disqualify Law Firm, as Conflicted, In CERCLA Action Against ConEd Explained