This Week's Summaries

Board of Mgs. of Renaissance E. Condominium v. Benyaminov

No Evidence Exists Money Was Improperly Held from Tenants in Breach of Agreement

River Park Residences, L.P. v. Reed

Court Denies Motion Seeking an Order Restoring Tenants to Possession of Premises

Highbridge House Ogden LLC v. Valle

Stipulation Vacated in Nonpayment Proceeding Against Rent-Stabilized Tenant

Esrey v. USA

Exception to FTCA's Immunity Waiver Bars Complaint Asserting Concealment of Facts

Matter of CDR Creances S.A.S. v. First Hotels & Resorts Invs., Inc.

Court Cannot Render Effective Judgment Absent Entities Asserting Competing Claims

USA v. Vertuccio

Severance Motions' Denial Explained; Only Acquittal Meets Condition for Defense Testimony

Barnard v. 501 West 45th Street LLC

Court Dismisses Tenant's Personal Injury/Negligence Action Against Building Owner

Kamco Supply Corp. v. On the Right Track, LLC

By Electing to Continue Agreements Defendants Waived Right to Terminate Due to Initial Breach

Dani's Windows & Glass, Inc. v. The Fidelity

Glazier Wins Judgment as to Liability, Damages Over Insurer's Nonpayment on Library Project

Doe v. Quest Diagnositcs, Inc.

Claims Based on Fax Sent to Wrong Number Dismissed for Lack of Article III Standing

560-568 Audubon Realty Inc. v. Rodriguez

Motion to Vacate Stipulation Granted in Summary Proceeding for Rent Nonpayment

Ins. Co. of N. Am. v. ACCO Material Handling Solutions Inc.

Pennsylvania Has Much Stronger Connection Than New York in Asbestos-Related Claims

The Wave Studio, LLC v. General Hotel Management Ltd.

Copyright Infringement Action Dismissed; Singapore Is Adequate Alternative Forum

Colindres v. Carpenito

Court Denies Motion for Protective Order as to Defendant's Demands for a Medical Report

USA v. Barnwell

Court Rules on Parties' In Limine Motions In Prosecution Over False Tax Returns

Wells Fargo Bank, N.A. v. Machell

Wells Fargo Fails to Properly 'De-Accelerate' A Mortgage Within the Statute of Limitations

Harrison v. Allstate Indem. Co.

Question of Fact Exists as to Whether Plaintiffs 'Reside' in the Insured Premises

Matter of Pottenburgh v. Dryden Mut. Ins. Co.

Court Grants Petition for Appraisal, Finding Causation Issues as to Scope of Coverage

Murphy v. JRM Construction Mgt., LLC

Defendants Fail to Show That General Contractor Created Dangerous Condition

Royal Park Investments SA/NA v. HSBC Bank USA NA.

Sample of Loans May Not Be Re-Underwritten To Establish Breach, Demonstrate Liability

USA v. Schaffer

FRE 413 Mitigates Prejudice From Admission Of Propensity Evidence in Sexual Assault Cases

USA v. Bodouva

District Court Lacked Discretion to Reduce Forfeiture Order by Amount of Restitution

Alam v. American Airlines Group, Inc.

Race Bias Claims Against Airline Precluded By Montreal Convention, Foreclosed by 'King'

Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc.

Medical School Cannot Seek Royalties for Drug's Sale, Can Only Seek Damages at 2010 Breach

Estate of James

Court Grants Spouse's Application to Extend Time to File Copy of Notice of Election

Clark v. Town of Yorktown

Defendant Fails to Show That Plaintiff Gave Wrong Accident Location in Notice of Claim

Bekas v. Valiotis

Res Judicata, Collateral Estoppel Preclude Re-Litigation of Constructive Trust Claim

The People v. Battle

Court Determines Sex Offender Defendant's Risk Assessment Score as Level II

Tomaselli v. Zimmer, Inc.

Surgeon's Knowledge of Risk Device's Cable Might Break 'Intervening Event' in Causation

Baumgardt v. Tarantino

Defendants Cannot Re-Litigate Action After Contesting Matter in Criminal Proceedings

PNR Properties, LLC v. DVIR MOG 18, Inc.

Traverse Hearing to be Held to Determine The Validity of the Service of ProcessPNR Properties, LLC v. DVIR MOG 18, Inc., 652732/2016

Genworth Life Ins. Co v. Dwaileebe

Incapacitated Man's 2012 Disclaimer Reducing Death Benefits Revoked, Deemed Null and Void

Robbins v. New York Corn & Soybean Growers Assoc., Inc.

Nonprofit Soybean Growers Group Not 'Agency' Under APA, Is Not Subject to FOIA Disclosures

The People v. Telesford

Court Erred by Not Resolving Jury's Confusion As to 'Intent' in Accessorial Robbery Case

Ehrenrheich v. Barber

Personal Injury Plaintiff Granted Leave To Amend Complaint, Add Proper Defendant

Forde v. Hornblower New York, LLC

'Booze Cruise' Dram Shop Case Remanded; Court Finds It Lacks Admiralty Jurisdiction

Delfasco, LLC v. Webb-Stiles Co

Court Dismisses Action for an Accounting, The Parties Have No Fiduciary Relationship

Matter of Paul

Court Considers Various Criteria to Fix Fee of Counsel to Public Administrator

Roberts v. The Ford Foundation

Accident Outside Building Was Not Caused In Connection with 'Special Use' of Driveway

Charisma World Wide Corp., S.A. v. Avon Products Inc.

'Substantial Effect on U.S. Commerce' Pleaded By Claim U.S. Firms Lost Contracts by Infringement

USA v. Daugerdas

Government's Interest in Forfeited Funds Vested In 1994, Before Wife's Interest in Accounts Did

Cragnotti and Partners Capital Investment-Brazil S.A. v. Quintella

Mere Existence of Website Does Not Confer Jurisdiction Over Foreign Defendants

4720 15th Ave. LLC v. Jacobson

Court Awards Plaintiff Costs and Damages For Serving Subpoenas Upon Defendants

Al Maya Trading Establishment v. Global Export Marketing Co., Ltd.

Modified Arbitral Award Confirmed; Panel's Ruling Did Not Deprive Party of Critical Evidence

Unger v. Nae Edison LLC

Home Health Care Defendants Had No Notice of Aide's Propensity to Act in Violent Manner

Pure Power Boot Camp, Inc. v. Fross Zelnick Lehrman & Zissu, P.C.

Fact Issue Exists as to Whether Limitations Period Is Tolled for Malpractice Claim

Sybron Canada Holdings, Inc. v. Niznick

Joint Venture Majority Owner Can Exercise Employment Call Option Buyout

Safe Step Walk in Tub Co. v. CKH Industries, Inc.

Counterclaims in Breach Action Dismissed, Narrowed; Unfair Competition Claim Not Stated

Astarita v. ACME Bus Corp.

Venue Changed to Suffolk County, Where Defendant's Principal Office Is Located

Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.

Fraudulent Inducement Claim Fails to Show Any False Statement as to Collateral Matters

Gil v. Sessions

Alien Is Not Legitimated Child Under INA §101(c)(1) for Derivative Citizenship

Fox v. The International Conference of Funeral Service Examining Boards

Funeral Director Exam Overseer Not State Actor Under Public Function or Joint Action Tests

Friedman v. Burns

Court Grants Order to Enforce Stipulation of Settlement; Issue Remains as to Performance

Public Free Will Corp. v. Verizon Communications Inc.

Nonprofit's Service Marks Not Shown Used Commercially For Services It Intended to Offer

Packer v. Raging Capital Management, LLC

Short-Swing Profits Action Denied Dismissal Under Registered Investment Adviser Exemption

2 Perlman Drive, LLC v. Stevens

Court Denies Landlord's Motion for Final Judgment of Possession, Without Prejudice

Optimal Strategic U.S. Equity Ltd. v. SPV Osus Ltd.

Rights Included in Assignment's 'Transferred Rights' Include Right to Sue Third Parties

Perez v. Terrestar Corporation

Denial of Reconsideration of Order Dismissing SAC Denied Appeal; Fraud Inadequately Alleged

Hansen v. Wwebnet, Inc.

Prosecution for Tax Evasion 'Real Danger' Warranting Fifth Amendment's Invocation

CP JBAM Holdings LLC v. Shapiro

Agent for a Disclosed Principal Is Not Liable for Owner's Obligations Under Agreement

1425 U LLC v. Heyward

Petitioner Landlord Unlawfully Held Tenant Responsible For More Than Section 8 Rent

7825 Realty Associates, LLC v. Doll

Evidence Does Not Establish Succession Claim as Non-Traditional Family Member

Davidson v. AMR Corp

Pilot's Proof of Claim Against Airline's Parent Properly Expunged as Bid to Avoid FL Judgment

Ahmed v. Morgans Hotel Group Management, LLC

Plaintiff Who Earned Above Minimum Wage Cannot Seek Recovery of Minimum Wages

Uwakwe v. Bridging Access to Care, Inc.

Title VII Retaliation Claim Survives Dismissal; Other Claims Untimely, Insufficiently Pleaded

MFW Associates, LLC v. Plausteiner

Fraudulent Inducement Counterclaim's Dismissal in Action Over Debt Explained

National Union Fire Ins. Co. v. The Roman Catholic Diocese of Brooklyn

Money Insurers Paid in Diocese Abuse Action to Be Allocated; Abuse Need Not Be Proven

Thomas v. West

Wheelchair User's ADA Claims Over Access To Store's Landing, Mezzanine Levels Survive

US Bank Natl. Assn. v. McMullin

Summary Judgment Granted to Trustee In Action to Foreclose Residential Mortgage

Plattsburgh Housing Authority v. Cantwell

Court Rescinds Employment Contract Of Employee Who Breached Fiduciary Duties

US v. Guida

Reduced Fees, Costs Awarded Relator for FCA Qui Tam Action, Fee Application Are Explained

Wexler v. Allegion (UK) Ltd.

Defamation Claim Survives in Suit Arising From Acquisition; Age Bias Claims May Be Repleaded

Harrison v. Allstate Indemnity Co.

Issues of Fact Exist as to What Plaintiffs Told Insurance Agent About Use of Property

Natixis Real Estate Capital Trust 2007-HE2 v. Natixis Real Estate Holdings, LLC

RMBS Trustee Not Sole Entity Able to Enforce 'Putback' Rights; Trust Administrator's Suit Timely

Cotten v. Robert K. Lesser Trust

Issues of Fact Exist as to Causation in Action Brought Over Fire at Masonic Temple

NMD Interactive, Inc. v. Chertok

Reconsideration of Order Denying Claim Counsel Defrauded the Court Is Denied

Matter of Heights of Lansing Dev., LLC v. Village of Lansing

Re-Zoning of Property Not Unlawful; It Does Not Represent Impermissible 'Spot Zoning'

J. A. R. v. R. L. R.

Firm to Release Sales Proceeds and Disburse Them Equally to Matrimonial Defendants

USA v. Tarbell

Motion in Limine on CCTA's Scienter Element Granted in Prosecution Over Untaxed Cigarettes

Fox v. Costco Wholesale Corp.

Prima Facie Case of Disability Discrimination, Retaliation Not Made; ADA Action Dismissed

Osekavage v. Mergenthaler

Appellant Granted 30 Days to File Brief In Effort to Reopen Bankruptcy Appeal

The Mazursky Group, Inc. v. 953 Realty Corp.

Defendant in Breach of Contract Action Failed to Make Future Abatement Payment

Mayer v. Riordan

Extortion Statement Made at Deposition of Decedent's Sister Is Non-Actionable Opinion

Deutsche Bank National Trust Co. v. Sidden

Court Grants Motions to Appoint Substitute Referees; Previous Appointments Were Void

Avail Holding LLC v. Ramos

Despite State's Foreclosure Action Protections Abstention From Diversity Jurisdiction Not Required

Trujillo v. Transperfect Global, Inc.

Wage Theft Prevention Act Does Not Apply Retoractively in Unpaid Compensation Claim

Kelly v. Kingston City School Dist., Inc.

ADA, ADEA Suit Dismissed; No Showing Job Was Denied Due to Disability, Age

Matter of Christopher S.

Court Fixes Legal Fees Sought by Guardian Ad Litem Who Sought Substantially Reduced Fee