This Week's Summaries

Pascazi v. Rivera

Enforcement of Administrative Orders Finding Prevailing Wage Law Violations Not Enjoined

Property Tax Reduction Consultants, Inc. v. Klein

Customer May Not Benefit From Tax Reduction Without Compensating Company

Carrillos v. Incorporated Village of Hempstead

§1983 Claims Survive Against Village, Police Officer But Are Dismissed as Against Others

Akerson Advertising & Marketing, Inc. v. St. John & Partners Advertising

2011 Letter Did Not Remove Parties' 2010 Verbal Agreement From Statute of Frauds

Jay Deitz & Assoc. of Nassau County, Ltd. v. Breslow & Walker, LLP

Plaintiffs Granted Renewal on Prior Summary Motion in Breach of Fiduciary Duty Action

Matter of School Administrators Assoc. v. N.Y. State Dept. of Civil Service

Petitioners' Claim Found Time-Barred, Judgment Dismissing Petition Affirmed

Del Gallo Country Pools, Inc. v. Kassner

Dismissal of Breach of Contract, Attorney Fees Claim for Pool Installation, Extras Denied

ECD NY, Inc. v. Britt Realty, LLC

Absence of Numerosity Requirement Not Fatal To Proceeding as Article 3-A Class Action

Maria McBride Productions, Inc. v. Madonna Badger and Badger & Winters Inc.

Stipulation Consented to By All Parties Via E-mail Valid and Enforceable Contract

Allstate Ins. Co. v. Long Island Power Authority

Tariff 'Leaf' Inapplicable to Subrogee Insurer's Claim Utility Supplied Electricity Negligently

Flores v. Holder

BIA Did Not Err In Finding Alien's Sexual Offenses 'Particularly Serious Crimes'

Singh v. Penske Truck Leasing Co., L.P.

Driver Hurt in Fall From Truck's Lift Gate Denied Spoliation Sanction Over Checklist

National Railroad Passenger Corp. v. McDonald

Amtrak's Challenge to Eminent Domain For Park Project Rejected on Limitation Grounds

Afikoman LLC v. Fitzgerald House, Inc.

Court Rejects Motion to Vacate Stipulation Finding No Good Cause to Justify Same

JP Morgan Chase v. Hagemeyer

County Entitled to Entry of Judgment Declaring Tax Deed Valid as Against JPMC

Bank of America, N. A. v. Reznik

Bank Fails to Show Strict Compliance With RPAPL 1304; Order of Reference Denied

Madden v. Juillet

Attorney Fees Properly Denied as Landlord Not Prevailing Party; Judgment Also Reduced

Leitner v. Westchester Community College

Community College Neither State Entity Nor Arm of State Entitled to Sovereign Immunity

Barefoot Contessa Pantry, LLC v. Aqua Star (USA) Co.

'Barefoot Contessa' Shows Confusion Over Frozen Meals Infringing Its Trade Dress

Richmond v. P.B. #7, LLC

Appeals From Bankruptcy Court's Order Dismissed; Case, Controversy Not Presented

665-675 Apartment Corp. v. Verdeschi

Board Fails to Prove Allegations in Underlying Notice of Termination; Holdover Dismissed

1069 Bedford LLC v. Montgomery

Respondent Granted Succession Rights As Non-Traditional Family Member of Tenant

Foster v. Lee

Eyelash Extension Maker Is Liable For Infringing Copyrighted Photograph

Berland v. Chi

Complaint Fails to State Claims for Contract Breach Against Karate School, Instructor

Matter of the Prater

Decedent's Adult Children Not Precluded From Sharing in Wrongful Death Proceeds

Sneider v. AB Green Gansevoort, LLC

Patron's Civil Action for Liability, Damages Found Not Time-Barred Under CPLR 215(8)

Matter of Czajka, v. Dellehunt

Vacatur of Judgment, Dismissal of Combined Action Against Town Justice Found Proper

Aei Life, LLC v. Lincoln Benefit Life Co.

Court May Exercise Jurisdiction Despite Pending Appeal of Dismissal Order in Third Circuit

Matter of I.J.J., [Index Number Redacted by Court]

Petition Granted to Change Child's Surname To That of Stepfather Over Father's Objection

Le Metier Beauty Investment Partners LLC v. Metier Tribeca, LLC

Non-Reliance Clauses Do Not Bar Securities Fraud Claims Not Duplicating Breach Claims

Eastern Savings Bank, FSB v. Ferro

Summary Judgment in Lender's Favor In Foreclosure Action Is Explained

Romagnolo v. The Guardian Life Ins. Co. of America

Lawyer's Pleadings Enough to Proceed Against Insurer's New York-Based Corporate Parent

Ballard v. Gromack

Local Law's Intent Conflicts With Power Conferred on Superintendent, Preempted

Jackson v. Suffolk County

County Defendants Granted Partial Summary Judgment in §1983 Suit Over Search, Drug Arrest

Matter of Keith X. v. Kristin Y.

Failure to Comply With Court-Ordered Substituted Service Dismisses Petitions

Brewer v. Gem Industrial Inc.

'Borman' Favors Title VII Action's Dismissal; Discrimination Claims Voluntarily Waived

The People v. Liranzo

Officer Fails to State Was Able, Did See Inside Car; Criminal Possession Conviction Reversed

The People v. Pierre

Modification to Include Sex Offender Treatment Program in Defendant's Probation Granted

Matter of London

Objections to Resignation of Trustee, Appointment of New Fiduciary Dismissed

Murray v. UBS Sec., LLC and UBS AG

Dismissal of CFPA Claim, Refusal to Stay Sarbanes-Oxley Claim Are Explained

Mediterranean Shipping Co. (USA) Inc. v. TJD International Inc.

$69,401 Damages Should Be Awarded Including $59,950 Based on Demurrage Under Lading Bill

Hines v. 1025 Fifth Avenue, Inc.

Husband, Daughter Bound to Jury Waiver Clause As Third-Party Beneficiaries of Lease

The People v. Tackie

Statement Found Not to Be Genuine Threat; Aggravated Harassment Charges Dismissed

Matter of the Rivera

Fiduciary Granted Application to Sell Real Property, Vehicles Belonging to Estate

Matter of Atta

Decedent's Spouse Disqualified From Inheriting Intestate Share of Estate for Abandonment

Khan v. Hilton Worldwide, Inc.

Title VII Retaliation Claim for Failure to Rehire Related to EEOC Complaint Survives Dismissal

The People v. Venson

Stalking Conviction Reversed As Behavior Did Not Make Out 'Course of Conduct'

Pitre v. Shenandoah

ICWA Gave Indian Nation Jurisdiction Over Custody Action; 'Rooker-Feldman' Doctrine Bars Complaint

Matter of the Katz

Court Grants Petition to Strike Payback Provisions in Two Trusts Created by Will

The People v. Turton

Defendant Not Deprived Right to Speedy Trial; Court Denies Dismissal of §30.30 Motion

Lombardo v. Dormitory Authority of the State of New York

Application for Court to So-Order Subpoenas Denied As Non-Compliant With CPLR 2307

Jackson v. Caribbean Cruise Line, Inc.

Complaint Dismissed Against Cruise Line; TCPA Agency Liability May Be Re-Pleaded

Marcy v. Allegro Resorts Marketing, Inc.

Jurisdictional Discovery Granted in Diversity Suit Arising From Husband's Death at Aruba Resort

Andrews v. Realogy Corp. Severance Pay Plan for Officers

Decision Denying Severance Was Rational; All Data Available at Job's Offer Considered

Ferguson v. Chan

Husband Fails to Prima Facie Establish Breach Of Contract Action Against Ex-Wife Dismissed

Bitonti v. McGeever

Defendants Establish Prima Facie Entitlement To Dismissal of Plaintiff's Dog Bite Complaint

Florez v. Central Intelligence Agency

CIA's 'Glomar' Response to FOIA Request Justified by Exemptions 1 and 3

BSC Assoc., LLC v. Leidos, Inc.

Complaint Over Flight Simulator License Fee Violates Doctrine of Champerty

Galtieri v. Uptown Communications & Electric, Inc.

Defendant's Own Proof Establishes Existence Of Factual Issues on Assault, Battery Claims

Metrowoodworking Inc. v. Hunter Roberts Construction Group, LLC

Lien on Leasehold Cannot be Filed Against Property Owned by Public Entity in Fee Simple

Ngemi v. County of Nassau

No Due Process Claim Exists Against Sheriff's Office Over Commitment Order's Execution

Matter of Cook v. The Nassau County Police Department

Attorney Fees, Litigation Costs Incurred In FOIL Petition Granted Against NCPD

Wilson v. Wilder Balter Partners, Inc.

Discrimination, Retaliation Claims Not Stated In Lawsuit Over Apartment Rental's Refusal

Katzman v. Does

Defendants' Motion to Dismiss Plaintiff's Defamation Action Granted As Time-Barred

State of New York v. Grand River Enterprises Six Nations, Ltd.

Protective Order Staying Discovery Granted In Contraband Cigarette Trafficking Action

James v. Decorato

Defendant Doctor Shows That He Did Not Commit Malpractice in Cosmetic Surgery

Buffaloe v. Maimonides Medical Center

Questions Exist As to Whether Hospital Was Negligent in Treatment of Pregnant Woman

Gould v. Japan Pulp

Consulting Agreement Claims Depend on Stock Purchase Compact's Terms, Must Be Arbitrated

Matter of the State of New York v. Maurice G.

Diagnosis of Antisocial Personality Does Not Support Finding of Mental Abnormality

Stancil v. Stancil

No-Fault Divorce Ground Does Not Constitute 'Cause' That Satisfies Residency Requirement

Government Empls. Ins. Co. v Avanguard Med. Group, PLLC

Absent Authorization, No-Fault Insurer Need Not Pay Facility Fee for Office-Based Surgery

R. S. v. B. L.

Wife in Divorce Action Was Not Precluded From Working by Her Alleged Mental Issues

Toomey v. Millercoors LLC

Expert's Testimony Precluded in Lawsuit Over Beer Bottle That Exploded in Hand

Turner v. New York Rosbruch/Harnik, Inc.

RICO Claim Dismissal for Failure to State Claim; Firm's Knowledge of Fraud Scheme Not Shown

Street-Works Development LLC v. Richman

Complaint's Failure to Allege Partnership Pact Leads to Dismissal of Breach Claims

Estella v. Morales

Contract Explicity Permits Defendant to Decline to Extend Purchase Money Mortgage

Crothers v. Colvin

ALJ Failed Duty to Develop Record; Disability Benefits Case Remanded for Further Proceedings

Schwartz v. Comenity Capital Bank

Court Explains Partial Judgment in Credit Card Issuer's Favor in Suit Over TILA Breach

Commodity Futures Trading Comm. v. Paragon FX Enterprises, LLC

Penalties Imposed for Foreign Exchange Trading Violating Commodity Exchange Act Explained

Leeds v. Harry

Issues of Fact Exist As to Whether Sale of Recapture Rights Is Subject to Commission

McKenzie v. Fishko

Art Dealers Granted Judgment on Contract, Fiduciary Duty Breach Claims Over Art Sales

The People v. A.S., [Index Number Redacted by Court]

Court Grants Officer's Motion for Huntley Hearing to Decide Statement's Admissibility

GDA Realty Corp. v. Puello

Tenant Who Was Dislocated From Rooms in Premises Was Precipitated to Withhold Rent

Agosta v. Fast Systems Corp.

Court Finds Evidence Sufficient to Establish Contractual Relationship Between Parties

Christians of California, Inc. v. Clive Christian New York, LLP

Defendants Granted Judgment on Conspiracy, Fraud Claims Over Lost Home Remodel Project

Matters of Naomi P.

Where Father Sexually Abused One Child, Three Other Children Considered Neglected

The People v. Jacobs

Padilla Does Not Apply to People Whose Convictions Became Final Before Its Decision

Phoenix Beverages, Inc. v. Exxon Mobil Corp.

Explosion Risk Due to Methane Under Building Is Speculative; Relief Sought Not Warranted

Azkour v. Twelve

Employer Is Liable for Only 12 Weeks Of Unemployment in Action Under FLSA

Reed v. Aqueon Products

Under Anti-Subrogation Rule Insurer Can Only Recover Damages Beyond Home Policy's Limit

Matter of Julie E. v. David E.

Relocation of Parties' Children to Texas Would Not Be in Children's Best Interests

USA v. Delva

Evidence Corroborated Cooperating Witness' Testimony; Judgment of Acquittal Denied

Happy v. Silkes

Court Grants Change of Venue in Divorce Action From Rensselaer to New York County

Marsh USA Inc. v. Doerfler

Former Employee Need Not Comply With Employment Agreement Servicing Restriction

Rush v. Save My Home Corp.

Court Finds Substantial Evidence of Wilfulness to Violate Permanent Injunction

Bibbo v. Arvanitakis

Information Sought in Subpoena of Lawyer's Legal Intern Is Privileged Communications

Russell v. Colvin

Obesity, Osteoarthritis, Personality Disorders Not Severe Impairments; Benefits' Denial Upheld

The People v. Wheeler

Defendant Not Entitled to Adverse Inference Charge As to Lack of Audio on Drug Video