This Week's Summaries

Amityville Mobile Home Civic Assoc. v. Town of Babylon

Suit Over Frontier Trailer Park's Rezoning Dismissed; Article III Standing Not Shown

HSBC Bank USA v. Symons

Bank Denied Motion to Amend Complaint Nunc Pro Tunc in Foreclosure Proceeding

2420 Webster Ave. LLC v. Jones

Landlord Fails to Meet Burden to Show Tenant Surrendered Rent Controlled Unit

Robinson v. Concentra Health Services, Inc.

Disability Benefits Recipient Is Estopped From Claiming She Was Qualified for Job When Fired

NY Great Stone Inc. v. Two Fulton Square LLC

'Yellowstone' Relief Unavailable to Tenant In Material Breach of Lease Terms

USA v. Wright-Darrisaw

Deliberation Considered Under USSG §2A6.1(b)(6) Is That Related to Threat's Communication

Kritzer v. Ventura Insurance Brokerage, Inc.

Court Finds Counsel's Mistake on Deadline Amounted to Good Cause to Excuse Lateness

U.S. Bank National Assoc. v. Dellarmo

Bank Ordered to File Notice of Entry; Referee Directed to Make Two Set of Computations

ACR Systems, Inc. v. Bank

Court Only Partly Dismisses Claims Arising From Bank's Failure to Honor Letter of Credit

HSBC Bank USA v. Singh

Fact Issues Regarding Title Preclude Summary Judgment, But Bank May Amend Complaint

Graham v. Macy's Inc.

ADA Failure to Accomodate Suit Against Macy's Is Dismissed

Matter of Karnofsky

Panel Grants Leave to Renew, Adheres to Prior Court Order Denying Motion for Contempt

Azkour v. Bowery Residents' Committee, Inc.

Shelter Resident Does Not Allege State Action, Nonprofit's Operation Under Color of State Law

Tang v. Glocap Search LLC

Fact Trier Can Find Job Duties Decreased Due To Pregnancy, Woman Fired After Complaint

Holcomb v. State University of New York

Unrelated Romantic Interactions Cannot Aid In Deciding if Colleague's Conduct Sex Harassment

U.S. Bank, National Assoc. v. Commonwealth Land Title Ins. Co.

Dismissal of Title Insurer's Third Party Complaint Arising From Fraudulent Mortgage Explained

Matter of Michael

Court Allows Unsealing Adoption Records To Establish Eligibility for Enrollment in Tribe

Burgos v. N.Y. Methodist Hospital

Conflicting Expert Opinions in Malpractice Action Precludes Summary Judgment

Rossi v. Scheinbach

Plaintiffs Denied Reargument of Prior Motion in Medical Malpractice Action

Wi3, Inc. v. Actiontec Electronics, Inc.

Company Not Entitled to Summary Judgment As to Infringement on Competitor's Patent

Odato v. Birch Acres Co-Operative, Inc.

Plaintiff's Own Actions Caused Injuries; Landowner Granted Dismissal of Complaint

Matter of Government Employees Ins. Co. v. Jones

Insurer's Inconsistent Conduct Operated As Waiver of Right to Stay Arbitration

Matter of Curless v. McLarney

Order Granting Grandmother Primary Physical Custody of Child Affirmed by Panel

Matter of Otto

Objectant Denied Leave to Amend Objections After Lengthy, Unjustified Delay

Rozenfeld v. MTA Bus Co.

Bias Claimant's Use of Two-Step Disciplinary Hearing Process Was Adequate Due Process

Krevat v. Burgers To Go, Inc.

Burger Shop Principal's Direct Participation In Trademarks' Infringement Is Alleged

Aish Hatorah New York, Inc. v. Fetman

Judgment Debtor's Wife Fails to Show Entitlement to Damages, Attorney Fees

Arzuaga v. Quiros

Inmate's In Forma Pauperis Status Not Violated; NSSBPA Barred Access to Social Security Benefits

Transitional Services of New York For Long Island, Inc. v. The New York State Office of Mental Health

Medicaid Act §1396a(a)(32) Does Not Confer Private Right Enforceable Under 42 USC §1983

USA v. $7,877.61 U.S. Currency

Pro Se Litigant Warned Discovery Violations Could Lead to Rule 37 Dismissal Sanction

Matter of Grutzner

Residuary Passes to Intestacy as Trust Fails; Decedent's Grandchildren, Not Son, Inherit

Nelson v. Walt Whitman Mall, LLC

Court Grants Joint Discovery, Joint Trial On Liability; Transfers Nassau Suit to Suffolk

Matter of English

Turnover Petition Lacks Specificity on Fraud Allegations, Time-Barred; Dismissal Granted

Trane v. Northrop Grumman Corp.

Discrimination Not Motive in Termination For Poor Job Performance, Combativeness

The People v. Ransom

Court Finds Officers' Initial Stop Unlawful, Suppression of Evidence Recovered Granted

Rivero v. INTL FC Stone, Inc.

'Finder's Fee' Suit Dismissed for Failure To Satisfy New York's Statute of Frauds

Matter of Louise D.

Guardian's Petition to Terminate, Transfer Guardianship Action to Florida Approved

Springut Law PC v. Rates Technology Inc.

Periodical Inherently Reliable to Permit Admission to Support Reasonable Fees Claim

USA v. Hayes

Fifth Amendment, Fugitive Disentanglement Doctrine Addressed in LIBOR Conspiracy Case

The People v. Pabon

Court Improperly Charged Prosecutors With Excludable Time; Panel Reverses Order

Ladenburg Thalmann & Co, Inc. v. Signature Bank

Letter of Credit's Payment Requirement Met By True Copy of Letter's Original Amendment

Point of You, Inc. v. Santangelo

Panel Affirms Final Judgment Dismissing Landlord's Holdover Summary Proceeding

Graziadio v. Culinary Institute of America

Dismissal of Suit for Interference, Retaliation Under Family Medical Leave Act Is Explained

Petersen v. Petersen

Child Support Amount Husband Required To Pay Unjust, Inappropriate; Order Modified

136 Field Point Holding Co. LLC v. Invar International Holding, Inc.

Guarantor Must Pay Landlord $1 Million For Overstay of Luxury Mansion's Lease

Egg Dragon Int'l Trading, Inc. v. Best Buy Foodservice, Inc.

Defendant Is Not Subject to Long-Arm Jurisdiction; Vacatur of Judgment Granted

Sell It Social, LLC v. Acumen Brands, Inc.

E-Retailer's Monopolization Claims Do Not Allege Antitrust Injury or Exclusionary Conduct

Belfiore v. The Procter & Gamble Co.

'Flushable' Wipes' Buyer Has Standing to Seek Injunction Despite Unlikely Repeat Purchase

Karpen v. Ali

Seller Breached Contract by Selling Property To Another Before Extension Date Expired

Matter of the State of N.Y. v. Floyd Y.

New Bar Set by 'Kenneth T' Is Not Met; Petition Confining Sex Offender Is Dismissed

Amponin v. Olayan America Corp.

Pregnancy Discrimination Claimant Does Not State 'Plausible' FLSA Claim for Unpaid Overtime

U.S. Nonwovens Corp. v. Pack Line Corp.

Valid Substantive Claims for Contract Breach Stated Under New York Law Satisfying CISG

Moutopoulis v. 2075-2081 Wallace Avenue Owners Corp.

Plaintiff's Default Entitles Defendant To Retain Deposit as Liquidated Damages

Tucciarone v. The Hamlet On Olde Oyster Bay Homeowners Assoc., Inc.

Plaintiffs Permitted to Amend Complaint, Assert Claims of Breach of Fiduciary Duty

Doherty v. Fishers Island Ferry District

Procedural Bar Does Not Prevent Age Bias Claimant's Pursuit of Aiding, Abetting Claim

Hills v. Liberty Mutual

Dismissal of Privacy, HIPPA Act Claims In Lawsuit Over Discovery Explained

Turtle Island Trust v. County of Clinton

Trusts' Challenges to Tax Assessments Time-Barred, Should Have Been Denied

Ammar v. Olatoye

Matter Remanded to NYCHA for New Hearing, Presentation of Witnesses on Succession Claim

Gill v. Acacia Network

Prior Ruling Leads to Survival of WARN Act Claims Against Ex-Employer Health Providers

24 BCH II Housing Development Fund Co., Inc. v. Lagoa

Son As Qualifying Family Member, Entitled To Succession Claim; Licensee Suit Dismissed

Francis v. Kings Park Manor

Landlord Dismissed From Racial Discrimination Claims Arising From Neighbor's Harassment

U.S. Bank National Assoc. v. Vasquez

Court Finds Bank Failed to Negotiate in Good Faith; Interest, Costs, Attorney Fees Cancelled

Mykytyak-Penning v. Private Eyes Gentlemen's Club

'Entertainer' Must Arbitrate FLSA, NYLL Claims Against Former Employer 'Gentlemen's Clubs'

Parker v. BJ'S Wholesale Club, Inc.

Title VII Race Bias Claim May Be Re-Pleaded; Disparate Treatment Claim Survives Unscathed

Infinity v. Danko

Panel Affirms Final Judgment Dismissing Holdover Petition in Succession Rights Suit

Onewest Bank v. Rojas

Claim Bankruptcy Discharge Precludes Court's Issuance of Foreclosure, Sale Lacks Merit

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

Claims in Plaintiffs' '383 Patent Previously Invalidated as Anticipated by Prior Art

Stracar Medical Services v. State Farm Mutual Automobile Insurance Co

Order Granting Insurer Summary Judgment Dismissing Provider's Complaint Affirmed

BasicNet S.p.A. v. CFP Servs. Ltd.

Despite Backdating, Plaintiffs Are Entitled To Payment Under Standby Letters of Credit

Dejana Industries, Inc. v. The Village of Manorhaven

Despite Favorable Circumstantial Evidence Issues Exist on Motive for Contract's Cancel

Tackney v. WB Imico Lexington Fee, LLC

Condo Sponsor Awarded Legal Fees; Unit Buyers Entitled to Interest While Deposits in Escrow

Matter of Jones v. Town of Kent

Files of Now-Dead Victim of 1994 Rape Directed Disclosed to Inmate's Investigator

Levien v. Johnson, Jr.

Trustees Enjoined From Seeking Relief Regarding Stipulation in Texas Court

Fiore v. Whitestown

Ex-Employee's Claims for Defamation Against Defendants Properly Dismissed

Dawne R. v. Jeffrey F.

Renewal, Extension of Time to Serve Then- Minor Based on Waiver in Stipulation Denied

Ricci v. Teamsters Union Local 456

Communications Decency Act Shields Web Site's Host From Defamation Liability

Serby v. First Alert, Inc.

Denial of Summary Judgment on Patent's Invalidity as Based on Prior Art Is Explained

Nuccio v. Duve

Action Over In-Home Possession of Nunchaku Stayed Pending Ruling in Prior 'Maloney' Case

Estate of Bernfeld

Executor Granted Petition to Appoint Temporary Receiver for Dental Practice

The People v. Rios

Delay of Grand Jury Vote Chargeable To Prosecutors; Defendant Granted Dismissal

The People v. Figueroa

Officer's Initial Stop Lawful, Transformed To Illegal Detention; Suppression Granted

Vantine v. Vantine

Child Support Increased; Award of Separate, Marital Property Business to Wife Appropriate

The People v. Mohabir

Judgments of Conviction Reversed, Matters Remitted for New Trial Before New JHO

Friedman v. Self Help Community Services

Counsel Sanctioned for Frivolous Complaint Arising From Client's Psychiatric Commitment

Nicholas v. Marlene

Husband Denied Discontinuance of Divorce Action; Wife Granted Vacatur of Notice

In re Intercept Pharmaceuticals, Inc. Securities Litigation

Scienter Shown in Withholding of Information About NASH Treatment's Lipid Abnormalities

Compunnel Software Group, Inc. v. Gupta

H-1B Worker Loses Breach Claims Over Wages; Job Agreement Not Valid Under New York Law