Decisions

This Week's Summaries

Estate of Cambrelen

Court Adheres to Prior Allocation Decision— 90% to Personal Injury, 10% to Wrongful Death

Josephson v. Oxford Health Ins., Inc.

Dismissal of Prompt Pay Law Claims Denied Of Members Not Covered by ERISA Plans

Bank of America NA v. Lucic

Bank's Extensive Delays Grants Homeowner Tolling of Interest in Foreclosure Action

Hanifin v. Accurate Inventory

FLSA Action's Settlement Class Is Certified; $650,000 Settlement Is Substantively Fair

PCMH 2950 Grand Concourse L.P. v. Jones

Landlord Who Refused to Accept Rent Cannot Maintain Non-Payment Suit; Dismissal Granted

Gorfinkel v. Vayntrub

University's Finding of Non-infringement Lacks Binding Res Judicata Effect on Court

Malmberg v. USA

Calculation of $4.46 Million Award to Man Hurt by VA's Medical Malpractice Explained

Truman Capital Advisors LP v. Nationstar Mortgage, LLC

Breach, Estoppel Claims Arising From Refusal To Consummate Sale of Mortgages Dismissed

Palmitesta v. Bonifazio

Tenant's Suit to Recover for Injuries Sustained By Another Tenant Against Landlord Denied

Board of Managers of 542 Laguardia Place Condominium v. Decofin LLC

Foreclosure of Sale Proceeds Distributed To Condo Board, Lien Holder and Referee

In re: Madison Bentley Associates, LLC

Trustee May Assert Claims Against Firms As Alter Egos of Bankrupt Auto Dealership

Babylon Landfill Joint Defense Group v. 1042 Collision Repairs, Inc.

Court Explains Approval of $20,008 Per Capita Recovery of CERCLA Contributions to State

The People v. Xirum

DHS Detainer Provides DOCs Probable Cause To Hold Defendant 48 Hours After Case Ends

Shuford v. USA

FTCA Suit Closed Pending Decision if Claims Covered by Federal Employees Compensation Act

The People v. Anthony

Complaint Alleging Animal Cruelty Sufficient To Support Charges; ASPCA Granted Hearing

300 East 85th Housing Corp. v. Dropkin

Court Finds Voluntary Payment Doctrine Inapplicable; Landlord Fails to Prove Case

Motorola Credit Corp. v. Uzan

Jordan Dubai Islamic Bank Deemed Not a 'Uzan Proxy' After August 2013

The People v. Branch

Failure to Show Defendant Knew of License Suspension Grants Dismissal of VTL §511(1)(a)

J.R. v. E.M.

Court Rules NY Law Applies to Matrimonial Property Agreement, Finds It Unenforceable

Buchwald v. The Renco Group, Inc.

Bid to Limit Trustee to Introducing Testimony By Deposition, Cross Exam Was 'Gamesmanship'

Oorah, Inc. v. Town of Jefferson

Court Erred in Finding Properties Not Entitled To Tax Exemptions; Judgments Reversed

El-Hanafi v. USA

Supreme Court Rulings Bar Inmate's Bivens Claims Against Prison's Medical Care Providers

Mbody Minimally Invasive Surgery, P.C. v. Empire Healthchoice HMO, Inc.

ERISA Claims Partly Dismissed; No Standing Where Plans Held Anti-Assignment Clauses

Ponce De Leon Federal Bank v. Kaplan

Bank Shows Compliance With RPAPL §1303, Compliance With §1304 Not Required

Cross Commerce Media, Inc. v. Collective, Inc.

'Collective' Standing Alone Is Not Protectable, Lacks Secondary Meaning; Mark Not Infringed

Williams v. Arctic Cat, Inc.

Equity Mandates Reduction in Costs Taxed Against Lawsuit's Losing Plaintiffs

Joseph v. Sumitomo Mitsui Trust Bank

Executive Employee Not Protected by Labor Law, Not Entitled to Vacation Pay Upon Firing

The People v. Mothersil

Neither 'Padilla' Nor 'Peque' Have Retroactive Effect if Matter No Longer on Direct Review

Budesheim v. Southampton Town Police Dept.

TRO of Local Sex Offender Law Continues Pending Court of Appeals Determination

Diop v. The City of New York

Police Entitled to Qualified Immunity on Claims By Taxi Driver Forced To Be Robbery Getaway Car

Estate of Julia Torres

Jurisdiction Must Be Obtained Over Sibling Within 60 Days or TRO Vacated, Petition Denied

Alhovsky v. New York City Department of Parks and Recreation

'Expressive Matter Vendors' Lose §1983 Claim Over Selective Enforcement of Central Park Rules

Lombard North Central PLC v. Johnson

Plaintiff Granted Motion for Entry of UK Judgment Against Defendant in New York

USA v. Riccio

Indictment Denied Dismissal; Its Narcotics, Misbranding Charges Adequately Alleged

Matter of County of Ulster v. ERED Enterprises, Inc.

Calculation Method 'Wholly Unreasonable' Likely Caused Excessive Redemption Amount

Matter of Barad v. Pace University

University Denied Petition to Dismiss Student's Suit As Time-Barred

Ricatto v. Almona

Factual Issues Preclude Partner's Motion For Summary Judgment Dismissal of Complaint

Asimov v. Trident Media Group, LLC

Court Declines to Address Applicability Of GOL §5-903; No Justiciable Controversy

Clauss v. Franklin Falls, LLC

Landlord Is Not Prevailing Party, Tenant's Motion to Deny Attorney Fees Denied

U.S. Bank National Assoc. v. Akande

Bank Granted Renewal, But Court Adheres To Original Order Denying Summary Judgment

Huckabone v. City of Jamestown, N.Y.

Pro Se Complaint Dismissed as Time Barred; RICO Claims Well Beyond Limits Statute

Winter v. Novartis Pharmaceuticals Corp.

Jurisdiction Over Enforcement Action Lacking; Judgment Not Registered Under 26 USC §1963

Times Three Clothier, LLC v. Spanx, Inc.

Patent Holder's Second Amended Disclosure Of Infringement Contentions Denied Strike

Veleron Holding, B.V. v. BNP Paribas SA

Dutch Firm Must Disclose Communications With Counsel Based in Russia, Netherlands

Cooper v. Back on Track Group, Inc.

'Three-Quarter House' Occupant Granted Restoration to Possession of Bed in Premises

U.S. Fidelity & Guaranty Co. v. Ashley Reed Trading, Inc.

Indemnification Not Warranted Where Liability Based on Sale of Counterfeits, Not Advertising

In re Flintlock Construction Services, LLC. v. Weiss

Statement That Compact Is Construed, Enforced Under N.Y. Law Does Not Invoke Rule in Garrity

Matter of Atlantic States Legal Foundation, Inc. v. New York State Dept. of Environmental Conservation

Erroneous Advice Does Not Implicate Exception; Equitable Estoppel Not Invoked Against DEC

Rood v. New York State Teamsters Conference Pension

Allocation Should Not Have Been Considered In Benefit Reduce for Workers Compensation

Daley v. 250 Park Avenue, LLC

Tenant's Indemnification Obligation Triggered in Personal Injury Suit by Worker

Delvalle v. Airport Shoppes and Hotels Corp.

Company Moved to Connecticut Before Suit Brought; Diversity Action Not Remanded

Jackson v. The State of New York

Claimant Fails to Show Defendant's Negligence Proximate Cause of Decedent's Death

Davis v. The Standard Fire Ins. Co.

Homeowner Entitled to Judgment for Sewage Damage to Home, Property, But Not Legal Fee

Arnav Industries., Inc. v. M.H.B. Holdings, Inc.

Plaintiff Denied Vacatur of Satisfaction Of Judgment; Fails to Establish Fraud

Seymour v. Northeastern Clinton Central School District

School District Granted Summary Judgment In Minor's Negligence, Personal Injury Action

Frontier Park Co., LLC v. Cristobal Ferrara Contreras

Holdover Proceedings Remanded as Untimely, Defectively 'Bundled' Into One Case for Removal

The People v. Polanco

Vacatur of Judgment for Ineffective Assistance Of Counsel Under 'Padilla' Inapplicable, Denied

Braverman v. Bendiner & Schlesinger, Inc.

Lab, Treatment Center Lacked Duty to Label Drug Test Results as for Clinical Purposes Only

Beautiful Home Textiles (USA), Inc. v. Burlington Coat Factory Warehouse Corp.

Only Parties' Contract Breach Claims Survive In Action Over Nonconforming Bed Sheets

Osby v. City of New York

Probation Officer Fails to State ADA Disability Bias Claim; ADEA, Title VII Remedies Still Exist

930-940, LLC v. Farley

Tenants Granted Discovery, Allowed to Review Rental History for More Than Four Years

Palm v. Tuckahoe Union Free School District

Plaintiffs Not Entitled to Designate Tuckahoe School District as Their School District

833 Management, LLC v. Great Empire 65 Realty, LLC

General Release Bars Claim Against Corporate Defendant, Not Against Managing Member

James v. Westchester County

Court Explains Why County Is Not Liable For Jail Inmate's Burns From Kitchen Work

Vale v. Floyd

Divided Panel Affirms Judgment Denying Setting Aside Verdict, Dismissing Complaint

Stratton v. Wallace

Widower Wins Judgment Where Truck's Lessor, Driver's Employer Are 'Affiliates' Under Graves

Estate of Geraldine E. Coleman

Administrators Granted Allocating Proceeds From Malpractice Suit to Different Claims

The People v. Solanet

Testimony Laser Calibrated, Visual Estimation Sufficient to Prove VTL §1180(b) Violation

Flynn v. National Asset Management Agency

Finding That Ireland Is Adequate Forum for Suit Over Irish Bank Loan Not Reconsidered

Matter of D.R. v. C.G.

Father Granted Petition to Constructively Emancipate Children; All Support Terminated

Matter of Padula

Motion to Disqualify Law Firm, Cross-Motion To Disqualify Co-Executors From Serving Denied

449 West 46 LLC v. Timerman

Landlord Establishes Tenant Failed To Maintain Premises as Primary Residence

McClain v. New York State Department of Taxation

Eleventh Amendment Immunizes Tax Agency From ADEA, ADA Claims; EEOC Remedies Remain

E.E. Cruz & Co., Inc. v. Teamsters and Chauffeurs Union Local No. 456

Arbitrator Must Decide If Union's Grievance Over Non-Unionized Workers Is Grievable

Cusimano v. Schnurr

Arbitrator Must Decide If Right to Arbitrate Limits Statute Issue Was Waived by Litigation