Decisions

This Week's Summaries

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

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

Price v. 609 East 40th Street, Inc.

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

Hicks v. T.L. Cannon Corp.

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

Torres v. Lopez

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

Clarelli v. The State of N.Y.

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

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

Abramov v. I.C. System, Inc.

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

Murray v. N.Y. City Housing Authority

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

The People v. Watkins

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

Matter of Cahill v. Kellner

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

Payne v. Paybrook Riverton Rose Assoc.

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

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

Long Side Ventures, LLC v. Adarna Energy Corp.

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

Gordon v. Barrett

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

DeCristofaro v. Nest Seekers East End, LLC

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

Tighe v. North Shore Animal League America

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

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

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

Chamberlain v. City of White Plains

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

Sheng v. M&T Bank Corp.

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

Achaibar v. The City of N.Y.

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

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

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

Torati v. Simpson

Court Lacks Personal Jurisdiction Over Arizona Corporation's Consumer Website

Matter of McAllister Towing & Transportation Co., Inc.

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

Renaissance Search Partners v. Renaissance Ltd. LLC

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

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

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

The People v. Robert C.

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

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

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

Zelouf International Corp. v. Zelouf

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

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

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

Toto, Inc. v. Sony Music Entertainment

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

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

Estate of Lambert

Amidst Disharmony, Court Disqualifies Parties From Serving as Estate Administrator

Sutherland v. Holder

Conviction Vacated for Rehabilitative Reasons Stayed Valid for Establishing Removability

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

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

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

Mariah Re Ltd. v. American Family Mutual Ins. Co.

Contracts Provide No Basis to Return Reinsurer's Principal in Case Based on Catastrophic Storm

Matter of Gianella v. The Port Authority of N.Y.

Litigation Is Premature Before Port Authority's Determination of FOIL Request

Urgen v. Holder

BIA's Failure to Consider IJ's Credibility Finding In Asylum Case Precluded Meaningful Review

JCMC Flatiron, LLC v. Princeton Holdings LLC

Breach of Contract Claim Partly Sustained Over Joint Venture Contribution Agreement

Ceron v. Belilovsky

Fact Issue Exists as to Whether Plaintiffs Suffered Injury as a Result of Malpractice

The People v. Kagan

Murder Conviction Upheld Although Judge Admitted His Racial Bias Against Defendant

Bryant v. Clifford A

Plaintiff Must Show Cause Why Fraud Action Should Not Be Dismissed for Lack of Jurisdiction

Matter of McIntosh

Executor Shows That Decedent's Withdrawal From IRA Was Less Than Applicable RMD

Grasso v. EMA Design Automation, Inc.

Prima Facie Title VII Bias Claim Not Stated, Legitimate Reason for Job's End Not Rebutted

Inwood Equities Group, Inc. v. Wadsworth Condos, LLC

Issues Exist Regarding Mortgagor's Unclean Hands That Thwarted Ability to Repay Loan

May v. Ruby Tuesday, Inc.

Expert's Testimony Not Reliable in Suit Over 'Open, Obvious' Concrete Curb Stop