This Week's Summaries

Law Offices of Toga v. Matthews

No Basis to Disturb District Court's Credibility Determination; Award to Law Firm Affirmed

Rose v. Egan

Plaintiffs Granted Injunctive Relief Enjoining Publication of Defamatory Communications

Ditmas Park 613 LLC v. Das

Tenant Entitled to 35% Abatement on Arrears For Landlord's Failure to Complete Repairs

Harlan Housing Assoc. v. Reeves

Two Cases in Two Years of Six-Year Limitations Period Insufficient for CRD Holdover Action

Suliman v. Rite Aid Corp.

Rite Aid's Motion to Strike Defendant's Complaint in Personal Injury Action Denied

Reyes v. Cam Graphics Co., Inc.

Plaintiff Not Barred From Seeking Monetary Damages for Contract Breach Under SPA

Orchard Hill Master Fund Ltd. v. SBA Communications Corp.

Indentures Did Not Permit Notes' Conversion Into Equity or Cash and Payment of Interest

BWP Media USA, Inc. v. Gossip Cop Media, Inc.

Gossip Site's Posted 'Screen Grabs' Infringed Photos; $17,945 Statutory Damages Awarded

The Univ. of Pittsburgh v. Lexington Ins. Co.

Insured's Notice of Claim to Insurer Under Subject Policy Was Facially Deficient

Burckhardt Compression (US), Inc. v. Deutsche Bank AG

Diversity Jurisdiction No Longer Exists Following Defendants' Dismissal From Case

Radin v. City of N.Y.

False Arrest, 'Monell' Claims Dismissed; Probable Cause Not Negated by Alleged Victims' ID Failures

Tapia-Matos v. Caesarstone Sdot-Yam, Ltd.

Fraud Action Against Countertop Maker Partly Dismissed; Price Conceal Claim Pleads Scienter

1675 Lincoln, LLC. v. Meeks

Succession Rights as Family Member Of Deceased Tenant of Record Established

Deutsche Bank National Trust Co. v. Unknown Heirs of the Estate of Serge Souto

Default Letter Indicated of Certain Future Event, Limitations Period Ran Making Action Untimely

Holste v. Colvin

Law Judge's RFC Finding Not Supported By Substantial Evidence; SSI Case Remanded

REDF Equities LLC v. Doe

Tenant Granted Vacatur of Default of 'No Grounds' Holdover Action, Stipulation

Fullwood v. SDH Services West, LLC

Title VII's Venue Provision, 28 USC §1404(a) Lead to Discrimination Suit's Transfer to WDNY

11 Wooleys Lane Housing Corp. v. Smith

Lessee, Daughter Sustain Burden Showing Contemporaneous Occupancy in Cure Period

Soto v. Pitkin Junius Holding LLC

Program's Claim Tenant Waived Tenancy Rights Unenforceable as Against Public Policy

Ghorpade v. Metlife, Inc.

Insurer Wins Age Bias Suit; Legitimate Reasons for Termination Not Pretextual

Silverstein v. XL Specialty Ins. Co.

Appraisal Proceeding's Umpire Held Authority Under Both Art Gallery's, Owner's Policies

Auto-Chlor of NYC v. Mount Fishtail, Inc.

Clause for Liquidated Damages in Agreement For Accelerated Rent Unenforceable Penalty

Matter of Cropsey

Decedent's Capacity in Executing Will Called Into Question, Court Declines to Probate

The People v. Helms

Divided Panel Vacates Sentence; Georgia Burglary Conviction Cannot be Predicate

Estate of Cowell

Succession Rights Through Biological Parents Ended After Adoption; Brother Not Distributee

Creditone, LLC v. Wilson

Conclusory Denials of Service Fail to Rebut Presumption of Service; Default Denied Vacatur

Proceeding for the Appointment of a Guardian for L.S.

Public Defender Assigned to Represent Disabled, Indigent Person in Guardianship Proceeding

Matter of Howell v. Stanford

Refusal to Enter Williard Program, Violation Of Conditions; Dismissal of Petition Denied

USA v. Daniel

'Time-Served' Supported by Government; Otherwise Sentence Would Be 5 Years

USA v. Sandford

Probable Cause Existed to Arrest For Aggravated Unlicensed Operation of Motor Vehicle

Corley v. Farrell

Claim Not Stated in 'Hybrid' LMRA §301 Suit; Applicable Limitations Periods Expired

Gould v. Airway Office, LLC

'Rooker-Feldman' Doctrine Bars RICO Action Contesting Default Judgment in Michigan Case

Mortgage Resolution Servicing, LLC v. JPMorgan Chase Bank, N.A.

Plaintiffs Are Not Entitled to Discovery Directed Solely at Separate Qui Tam Action

Fila v. Pingtan Marine Enterprise Ltd.

SEC Filings Not Materially Misleading, Made Clear Fishing Firm's Profits Would Stay in China

Lloyd v. Colvin

Benefits Claimant's Case Remanded; ALJ Ignored Treating Doctor's Recommendation

USA v. Compton

Denial of Marijuana's Suppression Upheld; 'Terry' Stop Based on Reasonable Suspicion

Overseas Private Investment Corp. v. Moyer

OPIC Is Entitled to Recover Brazil Firm's Debt From Loan's Two Unconditional Guarantors

Marotta v. Au

Panel Rejects Trespass Theory, Found No Basis To Impose Liability for Bamboo Incursion

USA v. Atias

Property Buyer's Law Firm Must Produce Papers Withheld Under Attorney Work-Product Doctrine


Leave to Amend Answer to Add Limitations Defense Denied Due to Delay, Prejudice

Warner v. Kain

Failure to Follow CPLR 1003 Constitutes Fatal Procedural Defect, Warrants Dismissal

The People v. Nieves

Defendant Requested Counsel Before Refusing Chemical Test; Refusal Suppression Granted

The People v. Mills

Entry Into JDP Without Guilty Plea Denied, Exceptional Circumstances Not Found

The People v. McQuilkin

Depositions Sufficient to Support Violation Of Stay Away Provision in Protection Order

The People v. Enelus

Prosecutors' Statement of Readiness Without Lab Report a Nullity; Dismissal Warranted

Estate of Lane

Issue of Predeceased Specific Legatee Not Exempt From Pro Rata Reduction of Bequest

The People v. Al Haideri

Rape Lesser Included Offense of Predatory Sexual Assault; Rape Conviction Vacated

Estate of Berson

Claimant Contradicted, Invalidated Own Claim Against Estate; Motion to Dismiss Denied

The People v. Usak

Parking Commercial Vehicle in Residential District Conviction Reversed, Dismissed

The People v. Lee

Affidavit of Service by Mail Creates Presumption Of Mailing, Statement of Readiness Effective

Energy Intelligence Group, Inc. v. Cowen and Co., LLC

Despite 'Ethical Wall' Law Firm Is Disqualified For Partner's Prior Involvement With Defendant

Kurzon v. Democratic National Committee

Primary Voter Denied Injunction Against Use Of Superdelegates at Democrats' Convention

Gordon v. The City of N.Y.

Documents Created Before Litigation Hold May Be Protected by Work Product Doctrine

Utica Mutual Ins. Co. v. Clearwater Ins. Co.

Oct. 11, 2014 Is Intermediate Date From Which To Apply Statutory Prejudgment Interest

SRM Global Master Fund Ltd. Partnership v. Bear Stearns Co. L.L.C.

'Am. Pipe' Class Action Tolling Inapplicable To 28 USC §1658(b)(2) Statute of Repose

Detention Watch Network v. U.S. Immigration

FOIA Exemptions 4, 7(E) Inapplicable to Bed-Day Rate, Other Information Sought From ICE

The People v. Freeman

Divided Panel Affirms Defendant's Conviction For Criminal Possession of Weapon, Marijuana

The People v. Tucker

Evidence Legally Insufficient to Establish Officer Injured While Undertaking Lawful Duty

Admiral Indemnity Co. v. Ingber

Insurer's Subrogation Claim Against Leaseholders Dismissed on Reargument

Santos v. Deanco Servs., Inc.

Snow Remover Cannot Be Liable Under 'Espinal' Absent Evidence Passive Conduct Created Hazard

Matter of G.C. v. M.D.

Mother Granted Full Custody of Child, Permission to Remain in California

Hicks v. N.Y. City Transit Auth.

Passenger Fails to Raise Fact Questions On NYCTA's Liability in Personal Injury Suit

The People v. Mignone

Misdemeanor Informations Cannot Supersede Felony Complaints; Informations Dismissed

BWP Media USA Inc. v. Polyvore, Inc.

Prima Facie Case of Infringement Not Made; 'Fair Use', DMCA Claims Need Not Be Addressed

Energy Intelligence Group, Inc. v. Cowen and Co., LLC

Acquiring Bank Did Not Assume Liability For Target's Pre-Transaction Infringement

The Vantone Group Ltd Liability Co. v. Yangpu NGT Industrial Co., Ltd.

Chinese Firm Dismissed Without Prejudice To Renewed Service Under Hague Convention

Florez v. CIA

District Court Must Decide Importance of FBI's Disclosures as to CIA's 'Glomar' FOIA Response

Chunn v. Amtrak

Decision Denying Appointment of Pro Bono Counsel to Indigent Plaintiff Is Explained

Arias v. Aviles

'Lora' Decision Should Be Extended to LPRs Detained on Seeking Reentry After Trips Abroad

The People v. Spasoff

Instrument Charging Petit Larceny, Criminal Possession Stolen Property Facially Sufficient

Estate of Apostolidis

Respondent's Motion to Compel Compliance With Discovery Partly Granted, Partly Denied

The People v. Mandela

GCL §25-a Applied to Extend Six-Month Period; DA's Statement of Readiness Timely, Effective

Matter of Sochurek

Decedent's Daughters' Challenge to Executrix's Authority Violated Will's In Terrorem Clause

Matter of Maria C.R. v. Rafael G.

Court's Jurisdiction to Grant Guardianship Petition Ended When 'Child' Turned 21

Will of Weisner

Denial of Receipt of Pleadings Fails to Rebut Service Presumption; Vacatur of Decree Denied

Matter of Azzi

Order Appointing AIP a Guardian Reversed, Objectants' Cross-Petition Reinstated

Lutheran Medical Center v. Burwell

PRRB Lacks Juridiction Over Issues Related To Teaching Hospital's FTE Carryover Costs

Sharp v. 74 Eldert Funding Inc.

Rights, RICO Claims Dismissed as Meritless, Barred Under 'Rooker-Feldman' Doctrine

Chu v. Chinese-American Planning Council Home Attendant Program, Inc.

LMRA Preemption Inapplicable to Home Care Aides' Wages Class Action Under State Law

Greenwood Group, LLC v. Brooklands, Inc.

Notice of Voluntary Dismissal Not Shown To Be Improperly Filed; Its Vacatur Denied

USA v. Jacobs

Grant of Prosecution's Motion in Limine In Case Against Tax Preparer Explained


Parties' Contract Offers ADT Complete Defense To Customer's Contract Breach Suit

The People v. Morren

Defendant's Two DWI Convictions Affirmed As Not Against Weight of Evidence

Passeri v. Tomlins

Order Denying Law Firm Vacatur of Default Reversed, Vacatur Granted as Unintentional

Peters v. Peters

Law Firm Adequately Complied With Subpoena, But Ordered to Produce Valuation Documents

HSBC Bank USA v. Sanchez

Plaintiff to Produce Title Expert at Hearing To Confirm Defendant Proper Property Owner

Rodiguez v. Rodriguez

Court Concludes Best Interest for Pet To Remain in NY With Plaintiff's Stepdaughter