Decisions

This Week's Summaries

Times Three Clothier, LLC v. Spanx, Inc.

Patent Holder's Second Amended Disclosure Of Infringement Contentions Denied Strike

Winter v. Novartis Pharmaceuticals Corp.

Jurisdiction Over Enforcement Action Lacking; Judgment Not Registered Under 26 USC §1963

Huckabone v. City of Jamestown, N.Y.

Pro Se Complaint Dismissed as Time Barred; RICO Claims Well Beyond Limits Statute

U.S. Bank National Assoc. v. Akande

Bank Granted Renewal, But Court Adheres To Original Order Denying Summary Judgment

Clauss v. Franklin Falls, LLC

Landlord Is Not Prevailing Party, Tenant's Motion to Deny Attorney Fees Denied

Veleron Holding, B.V. v. BNP Paribas SA

Dutch Firm Must Disclose Communications With Counsel Based in Russia, Netherlands

Ricatto v. Almona

Factual Issues Preclude Partner's Motion For Summary Judgment Dismissal of Complaint

Matter of Barad v. Pace University

University Denied Petition to Dismiss Student's Suit As Time-Barred

Matter of County of Ulster v. ERED Enterprises, Inc.

Calculation Method 'Wholly Unreasonable' Likely Caused Excessive Redemption Amount

USA v. Riccio

Indictment Denied Dismissal; Its Narcotics, Misbranding Charges Adequately Alleged

Asimov v. Trident Media Group, LLC

Court Declines to Address Applicability Of GOL §5-903; No Justiciable Controversy

Arnav Industries., Inc. v. M.H.B. Holdings, Inc.

Plaintiff Denied Vacatur of Satisfaction Of Judgment; Fails to Establish Fraud

Daley v. 250 Park Avenue, LLC

Tenant's Indemnification Obligation Triggered in Personal Injury Suit by Worker

Matter of Atlantic States Legal Foundation, Inc. v. New York State Dept. of Environmental Conservation

Erroneous Advice Does Not Implicate Exception; Equitable Estoppel Not Invoked Against DEC

In re Flintlock Construction Services, LLC. v. Weiss

Statement That Compact Is Construed, Enforced Under N.Y. Law Does Not Invoke Rule in Garrity

U.S. Fidelity & Guaranty Co. v. Ashley Reed Trading, Inc.

Indemnification Not Warranted Where Liability Based on Sale of Counterfeits, Not Advertising

Cooper v. Back on Track Group, Inc.

'Three-Quarter House' Occupant Granted Restoration to Possession of Bed in Premises

Rood v. New York State Teamsters Conference Pension

Allocation Should Not Have Been Considered In Benefit Reduce for Workers Compensation

Seymour v. Northeastern Clinton Central School District

School District Granted Summary Judgment In Minor's Negligence, Personal Injury Action

Delvalle v. Airport Shoppes and Hotels Corp.

Company Moved to Connecticut Before Suit Brought; Diversity Action Not Remanded

Jackson v. The State of New York

Claimant Fails to Show Defendant's Negligence Proximate Cause of Decedent's Death

Davis v. The Standard Fire Ins. Co.

Homeowner Entitled to Judgment for Sewage Damage to Home, Property, But Not Legal Fee

Braverman v. Bendiner & Schlesinger, Inc.

Lab, Treatment Center Lacked Duty to Label Drug Test Results as for Clinical Purposes Only

The People v. Polanco

Vacatur of Judgment for Ineffective Assistance Of Counsel Under 'Padilla' Inapplicable, Denied

Frontier Park Co., LLC v. Cristobal Ferrara Contreras

Holdover Proceedings Remanded as Untimely, Defectively 'Bundled' Into One Case for Removal

Osby v. City of New York

Probation Officer Fails to State ADA Disability Bias Claim; ADEA, Title VII Remedies Still Exist

Beautiful Home Textiles (USA), Inc. v. Burlington Coat Factory Warehouse Corp.

Only Parties' Contract Breach Claims Survive In Action Over Nonconforming Bed Sheets

833 Management, LLC v. Great Empire 65 Realty, LLC

General Release Bars Claim Against Corporate Defendant, Not Against Managing Member

Palm v. Tuckahoe Union Free School District

Plaintiffs Not Entitled to Designate Tuckahoe School District as Their School District

930-940, LLC v. Farley

Tenants Granted Discovery, Allowed to Review Rental History for More Than Four Years

James v. Westchester County

Court Explains Why County Is Not Liable For Jail Inmate's Burns From Kitchen Work

Matter of D.R. v. C.G.

Father Granted Petition to Constructively Emancipate Children; All Support Terminated

Vale v. Floyd

Divided Panel Affirms Judgment Denying Setting Aside Verdict, Dismissing Complaint

Matter of Padula

Motion to Disqualify Law Firm, Cross-Motion To Disqualify Co-Executors From Serving Denied

449 West 46 LLC v. Timerman

Landlord Establishes Tenant Failed To Maintain Premises as Primary Residence

McClain v. New York State Department of Taxation

Eleventh Amendment Immunizes Tax Agency From ADEA, ADA Claims; EEOC Remedies Remain

E.E. Cruz & Co., Inc. v. Teamsters and Chauffeurs Union Local No. 456

Arbitrator Must Decide If Union's Grievance Over Non-Unionized Workers Is Grievable

Cusimano v. Schnurr

Arbitrator Must Decide If Right to Arbitrate Limits Statute Issue Was Waived by Litigation

Flynn v. National Asset Management Agency

Finding That Ireland Is Adequate Forum for Suit Over Irish Bank Loan Not Reconsidered

The People v. Solanet

Testimony Laser Calibrated, Visual Estimation Sufficient to Prove VTL §1180(b) Violation

Stratton v. Wallace

Widower Wins Judgment Where Truck's Lessor, Driver's Employer Are 'Affiliates' Under Graves

Estate of Geraldine E. Coleman

Administrators Granted Allocating Proceeds From Malpractice Suit to Different Claims

Global Reinsurance Corp. v. Century Indemnity Co.

Certificates' 'Reinsurance Accepted' Sections Capped Reinsurer's Liability on Asbestos Claims

Mark v. Gawker Media LLC

Collective FLSA Action Over Gawker's Use Of Interns Is Conditionally Certified

Matter of Allison C.

Father Convicted of Assault Against Child Denied Motion to Reinstate Visitations

The City of New York v. The New York City Civil Service Commission

NYPD Deemed to Acquiesce to CSC's Hearing As Fully Participated Without Objection

Kuehne & Nagel Inc. v. A.G.R. Eshcol Overseas, Ltd.

Israel Is Superior Forum for Overbilling Claims Over Air Transport of U.S. Military Equipment

Dover v. British Airways, PLC (UK)

Court Explains Refusal to Compel Production Of Inadvertently Disclosed Spreadsheets

The People v. Rourke

Facts Alleged Sufficed to Establish Burglar's Tools Possessed With Intent to Commit Crime

The People v. Kearns

Without Supporting Deposition, STI Found Insufficient, Conviction Reversed

Gonzalez v. Flushing Hospital Medical Center

Firm Granted Dismissal of Legal Malpractice Suit by Assignee of Original Plaintiff's Rights

Estate of Gramisci

Probate of Original Conformed Copy of Will Granted as No Presumption of Revocation

Midfirst Bank v. Agho

Certificate Accompanying Affidavit Notarized In Oklahoma Satisfied Real Property Law §309-b

Agence France Presse v. Morel

Court Explains Alteration of $1.22 Million Infringement Award to Photojournalist

Katehis v. Sovereign Assoc., Inc.

Real Estate Brokers Granted Dismissal Of Client's Breach of Contract Complaint

Korotkova v. USA

Government Not Liable for Slip and Fall Injury At Ice Rink Run by Independent Contractor

Dafeng Hengwei Textile Co., Ltd. v. Aceco Industrial & Commercial Corp.

Attachment Order Authorizing Residence's Levy by U.S. Marshal Should Be Vacated

The Law Offices of D'Amico & Assoc., PLLC v. D'Elia

Panel Grants Dismissal of Counterclaims Against Law Firm on Res Judicata Grounds

Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc.

Restrictions on Counsel's Participation In Inter Partes Review Proceedings Explained

General Plumbing Corp. v. Parklot Holding Co.

Corporation's Former President Granted Indemnification, Advancement of Legal Fees

Incantalupo v. Villa Roma Resort and Conference Center Inc.

Landowner Had No Constructive Notice of Icy Condition; Dismissal if Injury Suit Granted

Loiacono v. Geidel

Financial Fraud Damages Suit Remanded; Complaint Was Limited to State Law Claims

Longevity Medical Supply, Inc. v. IDS Property & Casualty Ins. Co

Insurer Shows It Timely Mailed EUO Requests, Denials; Order Denying Dismissal Reversed

Shafer v. The American University in Cairo

Issue of Fact Exists as to Whether Employee Was Retaliated Against for Her Complaint

T10 Funding v. Chavez

No Basis Exists to Set Aside Sale; Opportunity To Bid on Property Was Not Prejudiced

Hayden Asset V, LLC v. JGBR, LLC

Affirmative Defenses Dismissed; Summary Judgment Granted in Foreclosure, Sale Action

Access 4 All, Inc. v. Mid-Manhattan Hotel Associates LLC

Court Finds Fees Sought by Plaintiffs' Counsel in ADA Action to Be Excessive

Citadel Estates, LLC v. Pathways to Housing, Inc.

Facially Defective Predicate Notice Cannot Form Basis of Holdover Suit Against Undertenants

LaSalle Bank N.A. v. Dono

Bank's Bad Faith Grants Tolling All Past, Future Interest, Costs in Foreclosure Action

Frank Frasco v. Mastic Beach Property Owners' Assoc.

Plaintiffs Alleging Denial of Memberships Did Not Suffer Constitutional Injury

McKay v. The City of New York

Officer Reasonably Concluded That Vestibule Was Not 'Open to the Public' at Time of Arrest

Estate of Tran

Administrator Authorized to Direct Any Steps Needed for Testing of Decedent's DNA Sample

Owoyemi v. JPMorgan Chase & Co.

Arbitrator May Exercise Discretion to Permit Defenses Not Included in Defendants' Answer

Matter of Options for Community Living, Inc. v. The Incorporated Village of Freeport

Municipality Fails to Show Denial of Tax Exempt Status to Properties Rational

Kearney v. Cavalry Portfolio Services, LLC

Agreements Between Defendants Explicitly Assigned All Rights for Purposes of Collection

Hilly v. Metropolitan Transportation Authority

Dismissal of Labor Law §§240(1), 241(6) Claims Granted, Denied for §200, Negligence

Cordova v. Smith & Nephew, Inc.

Medical Device Amendments Preempt Design Defect, Failure to Warn Claims

Gesualdi v. Diversified Carting, Inc.

Trustees of Employee Benefit Plans Establish Unpaid Contributions Under CBAs

Westchester Medical Center v. Travelers Property Casualty Co. of America

Limited Exception in 'Chubb' Inapplicable In Hybrid Cases; Provider Granted Judgment

Lazer v. Duffy

Panel Slightly Modifies Law Firm's Recovery Of Award for Legal Fees, Affirms Order

n re Nestle Waters North America, Inc. v. The City of N.Y.

Description of 'Apportioned' License Plates Issued Outside NYS Violates VTL §238(2)

Hartman v. Lascale

Doctor Fails to Show He Did Not Depart From Applicable Standard of Care; Dismissal Denied

Will of Garcia

Failure to File Affidavit of Service Not Error To Subvert Court's Ruling on Dispute's Merits

Matter of Fritz v. Esposito

Court Finds Issues Raised Involve Internal Party Politics, Do Not Warrant Judicial Intervention

Mottahedeh v. USA

Suit Based on 2009 Levy Did Not Put U.S. on Notice of Claim Based on Subsequent Levy