Decisions

This Week's Summaries

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

Duff v. Holder

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

Matter of Aurea C.F.

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

Martinez-Done v. McConnell

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

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

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

Complaint Fails to Allege Relationship Between Condo Unit Owners, Sponsors

Will of Young

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

Turchio v. Foremost Ins. Co. Grand Rapids

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

Q.C. v. L.C.

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

68 S.P. Realty LLC v. Lawton

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

Nowlin v. Lusk

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

Thompson v. Donovan

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

Beem v. Noble Americas Corp.

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

Miller v. Walters

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

TTO Drilling Co., Inc. v. Hopkinson

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

Maiaro v. Alarm Specialists, Inc.

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

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

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

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

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

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

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

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

Krupa v. Dunkirk Specialty Steel, LLC

Sex Discrimination Suit Should Be Dismissed; Worker Fired Under 'No-Fault' Absentee Policy

McLean v. Wayside Outreach Dev. Inc.

Default Was Willful, Is Denied Vacatur Despite Lack of Prejudice; Defense Legally Unsound

Pickerell v. The Town of Huntington

Zoning Board of Appeals Failed to Comply With SEQRA in Granting Permit for 7-Eleven

Matter of Scarselli v. N.Y. State and Local Police and Fire Retirement System

Injured Investigator Is Not Entitled to Accidental Disability Retirement Benefits

DHL Global Forwarding Management Latin America, Inc. v. Pfizer, Inc.

Insurer, Pfizer Entities Granted Dismissal of Suit Arising From Drug Shipment's Partial Rejection

Nigro v. Mercantile Adjustment Bureau, LLC

Man Did Not Consent to Calls by Contacting Utility to Stop Service After Relative's Death

The People v. Smith

Valid Appeal Waiver Forecloses Review of Contention That Sentence Is Harsh, Excessive

Koryeo International Corp. v. Hong

Corporation Has No Standing to Sue Its Former Sole Shareholder/Officer/Director

Kenny v. Tung

Seller Validly Cancelled Contract of Sale Pursuant to 'Escape-Hatch' Provision

The People v. Ponte

Detention by Dept. of Correction Pursuant To Detainer Violates the Fourth Amendment

The People v. Best

Action Remanded to City's Criminal Court; Court Warns Against Future Frivolous Filings

Matter of Cahill v. Kellner

Age Discrimination, Union Fair Representation Duty Breach Claims' Dismissal Is Explained

The People v. Watkins

Probable Cause Existed to Issue Search Warrant on iPhone's Recording of Car Stop

Murray v. N.Y. City Housing Authority

Court Grants Motions to Dismiss Complaint Against NYCHA, DOT As Time-Barred

Abramov v. I.C. System, Inc.

Collection Letter Could Leave Debtor Unsure If Dispute Requires Oral or Written Message

Payne v. Paybrook Riverton Rose Assoc.

Age Discrimination, Union Fair Representation Duty Breach Claims' Dismissal Is Explained

Clarelli v. The State of N.Y.

Injured Pedestrian, State of New York Are Both Liable for Fall on Sunrise Highway

Torres v. Lopez

Diamond Ring Given to Plaintiff Was Not Given in Contemplation of Marriage

Hicks v. T.L. Cannon Corp.

Motions to Reconsider Court Order's Rulings On Wage Notice, Pay Stub Claims Are Denied

Price v. 609 East 40th Street, Inc.

Landlord Must Correct Rent-Controlled Apartment's Defects, Restore It to Tenant

Electrolux Home Products, Inc. v. Buyrite Appliances, LLC

Despite Default Judgment Under Copyright, Lanham Acts Plaintiff Not Entitled to Damages

Migdal Ins. Co., Ltd. v. The Ins. Co. of the State of Pennsylvania

Insurer's Contribution Claim Deemed Timely Under New York, Israeli Limitations Statues

Hu v. UGL Services Unicco Operations Co.

Despite Prima Facie Case of Age Discrimination, Worker Was Fired for Poor Work Performance

State of New York v. Mountain Tobacco Co.

Complaint's Dismissal for Lack of 'Minimum Contacts' Personal Jurisdiction Is Denied

Achaibar v. The City of N.Y.

Questions Exist as to Whether Broken Traffic Signal Was Cause of Motor Vehicle Accident

Sheng v. M&T Bank Corp.

Motion to Bar Evidence of Offer to Reinstate 'Remote' Job During Pregnancy Is Denied

Chamberlain v. City of White Plains

Self-Critical Analysis Privilege Does Not Apply To Report on Internal Police Probe of Shooting

Matter of Isabella City Carting Corp. v. The N.Y. City Buisness Intergrity Commission

Agency Did Not Abuse Its Discretion in Revoking Waste Collection License

Tighe v. North Shore Animal League America

Questions Exist As to Whether Dog Shelter Engaged in Fraud in Procuring Dog's Release

DeCristofaro v. Nest Seekers East End, LLC

Brokerage May Have Waived Right to Assert Breach Discharged Its Contractual Obligations

Gordon v. Barrett

CPLR §6516 Prohibits Filing of Successive Notices of Pendency Against Same Property

Long Side Ventures, LLC v. Adarna Energy Corp.

Novation, Satisfaction Defenses Are Rejected In Breach Suit Over Failure to Pay Debentures

Rutland Medical, P.C. v. State Farm Ins. Co

Plaintiff That Timely Objects to EUO Requests May Raise Objection After Action Commenced

Renaissance Search Partners v. Renaissance Ltd. LLC

Awards in Default Judgment Over Competing Executive Search Firm's Creation Explained

In Re Residential Capital, LLC

No Error in Proof of Claims' Disallowance, Expungement; Notice of Appeal Untimely

The People v. Sosa

Despite Lack of Probable Cause to Arrest, Property Recovered May Not Be Suppressed

Bulkenstein v. Taptu, Inc.

Employment Agreement Provision Mandates Arbitration of Claims in Amended Complaint

The People v. Rodriguez

Defendant Repeatedly and Unsuccessfully Challenges His 1994 Murder Conviction

Lawler v. Globalfoundries U.S., Inc.

Semiconductor Plant Subcontract Worker's Fall Is Labor Law §240(1) 'Elevation' Injury

Shearin v. Back on Track Group, Inc.

Petitioner in 'Illegal Lockout' Proceeding Was Tenant, Not Licensee, of Shared Room

Matter of Roberts v. Dept. of Edu. of the City of N.Y.

Hearing Officer Did Not Exceed Authority in Considering Hearsay in Termination Hearing

Matter of MG v. WZ

Court Denies Father's Petition to Return Son to Dominican Rep. Under Hague Convention

Matter of McAllister Towing & Transportation Co., Inc.

Releases Negotiated With Crew Discharged Tug's Owner From Liability Over 2012 Fire, Injuries

Torati v. Simpson

Court Lacks Personal Jurisdiction Over Arizona Corporation's Consumer Website

Acumen Re Management Corp. v. General Security National Ins. Co.

Court's Rule 54(b) Certification Was Improper; Partial Judgment Addressed Only Single Claim

Zelouf International Corp. v. Zelouf

Minority Shareholder Is Entitled to Fair Value for Her Shares in Textile Business

Boost Worldwide, Inc. v. Talk Til U Drop, Wireless, Inc.

Default Judgment, Injunction Granted Over Retailers' Use of Wireless Service's Marks

The People v. Robert C.

Removal of Juvenile Offender Case To Family Court Is 'In the Interests of Justice'

Progressive Casualty Ins. Co. v. Concourse Chiropractic, PLLC

Insurer Fails to Establish Timely and Proper Mailing of Examination Under Oath Requests

Estate of Lambert

Amidst Disharmony, Court Disqualifies Parties From Serving as Estate Administrator

Matter of Fialkoff

Limited Administrator Has Right to Conduct Examinations of Brokerage Respondents

The People v. Louis

Court Denies Motion to Withdraw Guilty Plea; Defendant Knowingly Waived Rights

Abcon Assoc., Inc v. Haas & Najarian, LLP

Failure to Preserve Evidence, Despite Duty, Was Negligent; Spoliation Sanctions Denied

Stackhouse v. Colvin

ALJ's Finding as to Disability Was Based On Incomplete, Insufficient Medical Record

Toto, Inc. v. Sony Music Entertainment

Amendment's 'Audiophile Provision' Sets Out Royalty Rate for Sale of Digital Downloads

Sierra Club v. Martens

Issuance of Initial Permit for Withdrawal of Water from River Classified as 'Type II' Action

Will of Congedo

Court Denies Motion to Set Aside Jury Verdict That Will Was Product of Undue Influence

Fountain v. USA

Scope of Collision Party's Employment Is Issue For District Judge, Not Magistrate Judge

Taberna Preferred Funding II, Ltd. v. Advance Realty Group LLC

Parties May Pursue Issue in Discovery Where Basis for Jurisdiction Turns on Intent

The People v. Doe

Defendant Who Failed to Cooperate Is Not Entitled to Withdraw His Guilty Plea

American Civil Liberties Union v. Federal Bureau of Investigation

Court Rules on Disclosure, In Camera Review Of FOIA Documents About PATRIOT Act §215

Matter of Child A

Petitioners Seeking to Vacate Adoption Fail to Overcome Presumption of Open Courtroom

Tumelty v. The CHUBB Corp.

Court Denies as Premature 3211(a)(1) Motion to Dismiss Breach of Contract Action

Mitchell Group USA LLC v. Udeh

Firms Irreparably Injured by Sale of Counterfeit Goods Infringing Marks, Associated Typestyles

In re RAM I LLC v. N.Y. State Div. of Hous. & Community Renewal

Rent Controlled Apartment Stayed Exempt From Luxury Deregulation After J-51 Benefits Expired

Sutherland v. Holder

Conviction Vacated for Rehabilitative Reasons Stayed Valid for Establishing Removability