This Week's Summaries

Ben v. USA

Negligence Claim Stands as to Probation Agency's Supervision of Rapist, Murderer

Pylarinos v. Town of Huntington

No Duty Can Be Imposed on Defendants Who Had No Authority to Move Traffic Barricades

In the Matter of County of Herkimer v. Village of Herkimer

County Properly Completed Thorough Review of Potential Sites for Jail Project

In the Matter of Hawthorne v. Stanford

Court's Findings as to COMPAS Assessment Exceeds Scope of its Authority

Matter of George A. Donaldson & Sons, Inc. v. Assessor of the Town of Santa Clara et al.

Panel Grants Petitioner's Application for Reduction of Property's Tax Assessments

G.L v. Harawitz

Medical Malpractice Claim Dismissed Where Expert Is Not an Expert in Defendants' Field

Matter of Yastrzemski v. Loftad

Internal Issues Within Political Parties Are Best Resolved Within Party Organization

Stahl York Ave. Co., LLC v. The City of N.Y.

Petitioner Fails to Set Forth a Cause of Action for a Taking Without Just Compensation

Stardom HDFC v. Marlowe

Court Dismisses Summary Holdover Proceeding Against Rent-Stabilized Tenant

USA v. Bruno

2014 Indictment Alleging Racketeering Conspiracy Does Not Violate Double Jeopardy

In Re Extradition of Thi Ha Vu

France Satisfies Requirements for Woman's Extradition On Parental Abduction Charges

Bey v. Chief Anthony Iaquinto

Motion to Reinstate Action, Seen As Rule 60(b) Motion for Relief From Judgment, Is Denied

The People v. Gonzalez

People Fail to Establish Offense of Possession of an Open Container in a Motor Vehicle

USA v. Moody's Corp.

Bulk of FCA Qui Tam Action Does Not State Claim Over Credit Ratings' Manipulation

Catlin Indemnity Co. v. New England Law/Boston

District of Massachusetts Is Proper Venue For Insurer's Suit Over Law School's Defense

Hughes v. Chelsea 20th Street Development, LLC

Issues of Fact Exist on Whether Construction Defendants Had Notice of Hazards

Dewees v. Bentley

No Issues of Fact Exist as to Whether Alleged Stop Constituted Negligent Operation of Van

The People v. North Shore Design, Inc.

Accusatory Instruments Need Not Allege That Defendant Had Culpable Mental State

Young v. Young

Matrimonial Court Must Decide Conversion Issue in Pending Matrimonial Action

SEFCU v. S.G.F. Properties, LLC

Bankruptcy Court's Orders as to Release Of Mortgage Lien, Reorganization Affirmed

Covanex, Inc. v. Duvvada

Reconsideration's Denial, Time Extension For Alternative Service of Process Explained

Lawson v. Broome County, et al.

'Stigma Plus' Claim Not Stated in Suit Asserting Liberty Interest in Foster-Parent Relationship

Bongiovanni v. Cavagnuolo

Physicians Can Opine as to Proximate Cause in Cases Involving Claims Outside Own Specialty

ITT Corp. v. Lee

Misrepresentation Claims Dismissed as Being Contract Claims Barred by Limitation Statute

Fermon v. Fermon

Panel Finds No Basis to Support Limited Parenting Time for Husband

Estate of Chi-Chuan Wang

Court Denies Challenge to Public Administrator's SCPA Petition as Premature

The People v. Canady

People Fail to Say Why They Were Not Ready for Trial After Filing Statement of Readiness

340 Brew Pub, Inc. v. Wiebe

Breach of Fiduciary Duty Action Dismissed as Corporation Agreed to Terminate Tenancy

In the Matter of Hill

Mother Who Relocated Without Telling Allegedly Abusive Father Is Given Custody

Madden v. One Bryant Park LLC

Inconsistent Testimony as to How Electrician Boarded Hoist Does Not Raise Issue of Fact

Telecom Italia Sparkle S.P.A. v. Marcatel Com S.A. De C.V.

Defendant Mexican Corporation Is Not Subject to Jurisdiction in New York

PSEG Long Island LLC v. Town of North Hempstead, N.Y.

Ordinance Requiring Warning on Utility Poles Not Commercial Speech, Is Unconstitutional

Echeverri v. The N.Y. City Dept. of Sanitation

Despite Blood Condition, Man Can Perform Sanitation Worker Job Reasonably Safely

High Point Design, LLC v. LM Ins. Corp.

Insurer Must Pay Insured's Expenses in Suit's Joint Defense, Less 'Additional Expenses'

Gutman v. Klein

Defendant in Contempt of Turnover Order Requiring Shares' Delivery for Execution Sale

Guiffre v. Maxwell

Motion to Stay Discovery Denied, But Time To Respond to Discovery Request Extended

Rohe v. Bertine

Three-Year Limit Period Barring Malpractice Action Against Attorney, Law Firm Not Tolled

Telemaque v. Marriott International, Inc.

ADA Suit Dismissed; Administrative Remedies Not Exhausted, Disability Under Act Not Pleaded

Hourani v. Wells Fargo Bank

'Rooker-Feldman' Doctrine, Failure to State Claim Noted in Suit to Vacate Foreclosure Sale

Flores v. Food Exrpess Rego Park, Inc.

Court's Adjustments Brings Legal Fees, Costs To 35 Percent of FLSA Settlement's Recovery

Pedraza v. N.Y. City Transit Authority

Defendant Fails to Show He May Not Be Liable for Accident That Injured Plaintiff

Sutton v. Burdick

Expenses Claimed by Partner as Reimbursement Were Operating Expenses

Household Finance Realty Corp. of N.Y. v. Gangitano

Where Defendant Fails to Oppose Summary Judgment Motion, There Is a Concession

Robak v. Liu

Court Denies Motion to Stay Proceedings In Partition Action to Sell Apartment

The People v. Moore

Victim's Statement Is Admissible Under Excited Utterance Exception to Hearsay Rule

BDC Management Services, LLP v. Singer

Plaintiffs Get Injunctive Relief to Enforce Agreement's Restrictive Covenants

USA v. Wolf

Guilty Plea Was Knowingly, Voluntarily Made After Counsels' Advice; Withdrawal Denied

DeBruin v. Macedon

Petitioner Does Not Offer 'Reasonable Excuse' for Failing to File a Timely Notice of Claim

Franco v. Maurad

Court Grants Motion to Renew Prior Cross-Motion for Summary Judgment

Matter of Green v. Uhler

Inmate Fails to Show That Matters of Fact in Disciplinary Proceedings Were Overlooked

Cerrato v. Peter T. Roach & Assoc., P.C.

Under Connecticut Law, Telephone Contacts Do Not Establish Long-Arm Jurisdiction

Osberger v. 18 Mercer Equity Inc.

Cooperative Shareholder/Proprietary Lessee Is Not Entitled to Recover Attorneys' Fees

D'Angelo v. JCNYC, LLC

Plaintiff Injured on Sidewalk Fails to Show That Commercial Tenant Owes Her a Duty

Fresh Del Monte Produce Inc. v. Del Monte Foods, Inc.

Lanham Act Cannot Be Applied Extraterritorially To Adjudicate Foreign Marks' Ownership Status

Dean Street Capital Advisors, LLC v. Otoka Energy Corp.

Discovery Needed to Decide if Transaction's Circumstances Resolved Clause's Ambiguity

Brannon v. The City of N.Y.

Dismissal of Attorney's Age Discrimination, Retaliation Claims Against NYCHPD Explained

Credit Suisse Securities (USA) LLC v. Tracy

Pre-Dispute Waiver's Entry Requires Dismissal Of FINRA Arbitration, Claims' Pursuit at JAMS

USA v. Allen

Warrantless 'Across Threshold' Arrest Leads To Reversal on Suppression, Conviction Vacatur

Genzyme Corp. v. Rice

Order Requiring Settlement Party's Civil Incarceration for Contempt Explained

Marshall v. Marshall

No Valid Basis for Court's Jurisdiction Over Lawsuit Against Brother Shown

U1IT4LESS, Inc. v. Fedex Corp.

FedEx Corp., FedEx Services Not Distinct From FedEx Ground; No RICO Liability

MetroPCS New York, LLC v. Riverhead Water Dist.

Tank's Owner May Prevent Wireless Carrier From Replacing Antennas Following Merger

Hicks v. Village of Ossining

Jury Could Find Officers' Use of Force During Arrest Excessive; Summary Judgment Denied

U.S. Bank National Assoc v. Milstein

Request to Change Name in Caption Should Be Supported by Documentary Evidence

Sosa v. The City of New York

Issued DAT Is Sufficient to Initiate Criminal Proceeding for Malicious Prosecution Claim

Flagstar Bank v. Davis

'Fraud on the Court' Defense Has No Merit, Based on a Fraudulent Contention

Will of Panebianco

Court Denies Summary Judgment on Due Execution Claim as Credibility Issues Exist

The People v. Prince A.Z.K.

Instrument Properly Alleged That Defendant Appeared as Attorney Without Being Admitted

Matos v. N.Y. City Health

Court Denies Malpractice Claims as Plaintiff Failed to Reasonably Explain Late Filing

West 151 St. Realty Co. LLC v. Manguelle

Landlord Did Not Address Sufficiently Raised Harassment Claim by Tenant; Dismissal Denied

HSBC Bank USA v. Haque

Mortgage Did not Require Plaintiff to Accept Lesser Payments; Summary Judgment Granted

West 97th Str. Realty Corp. v. Aptaker

Tenant Denied Dismissal of Holdover Eviction Petition, But Granted Traverse Hearing

Manning v. Lavoie

Plaintiff Raised Triable Questions if Undue Influence Exerted Barring Summary Judgment

Jefferson Business Interiors, LLC v. East Side Pharmacy, Inc.

Assignment Insufficient Dismissing Contract Breach Suit for Lack of Legal Capacity to Sue

Emigrant Bank v. Materre

Bank Granted Renewal, Reargument, And Vacatur of Dismissal of Complaint

The Sherwin-Williams Co. v. Avisep

Court Declines Jurisdiction Over Mexican Firm In Action Over Failure to Get Antitrust Approval

Schroeder v. The County of Nassau

Even if Officer Used Excessive Force During Arrest He Is Entitled to Qualified Immunity

Cammeby's Management, Co., LLC v. Affiliated FM Ins. Co.

Broker Granted New Trial on Negligence Claim, Ratification Defense in Suit Over Coverage

Ward v. Concentrix Corp.

Probationary Employee Fired for Attendance Violations; Reasonable Accommodation Provided

Zurich American Ins. Co. v. Team Tankers A.S.

Reversal of Award of Attorney's Fees, Costs Under Charter's Breach Provision Explained