This Week's Summaries

Djallo v. Jacob Restaurant Corp.

Restaurant Properly Showed That It Did Not Create or Have Notice of Floor's Condition

USA v. Martinez

Despite Drug Conspiracy's $300,000 Proceeds Government Is Entitled to $170,000 Forfeiture

Goodman v. MHP Real Estate

Plaintiff Was Only Entitled to Fee if Brokerage Firm Obtained a Commitment

Millman v. CVS Caremark

Drug Screener Not Employer for Purposes Of ADA Lawsuit Over Job Offer's Revocation

The People v. Singh

Accusatory Instruments Charging Defendant With Driving While Intoxicated Are Sufficient

Cooper & Decatur Ltd. Partnership v. White

Court Dismisses Drug Holdover Proceeding Against Tenant of Rent Stabilized Apartment

MDB Development Corp. v. Shirin Construction, Inc.

Statute of Limitations Under Lien Law Begins to Run From Date Work Is Fully Completed

Feister v. Olatoye

Court Remands for NYCHA to Reconsider Upholding Tenancy of Disabled Tenant

Rodriguez v. The City of New York and the New York City Housing Authority

Time Between End of Storm and Accident Did Not Trigger City's Obligation to Remove Snow

Rothstein v. Mahne

Existence of Enforceable Contract, Intent To Be Personally Bound, Adequately Alleged

Matias v. The City of New York

Negligence Claim Dismissed Against Building Owner That Did Not Own Sidewalk Box

USA v. Hoovestol, Inc.

FCA Qui Tam Action Against Contract Mail Transporter Only Partly Dismissed

Verlus v. Liberty Mutual Ins. Co.

Attacks by Dogs Are One 'Occurrence' Capped At $300,000 Under Policy

Xchange Telecom Corp. v. Sprint Spectrum L.P.

Court Denies Motion for Stay Pending MDL Court's Decision as to FCC Intra-MTA Rule

Ruzhinskaya v. Healthport Technologies, LLC

Adverse Inference Instruction Denied But Money Sanctions for Spoliation Warranted

Thornton Tomasetti, Inc. v. Anguillan Development Corp.

Contract Breach Action Stayed Pending Resolution of Prior Related Suit in Anguilla

JB Aviation v. R Aviation Charter Services, LLC

Jurisdictional Rulings in Diversity Action Over Airplane Contracts' Breach Explained

D.M. v. R.M.

Court Grants Motion to Expand Appointment of Forensic Evaluator in Divorce Action

In re N.Y. City Asbestos Litigation

Spoliation Sanctions Granted as Defendant Was Grossly Negligent Regarding Documents

Malanga v. NYU Langone Med. CTR.

FCA Retaliation, NYCHRL Sexual Orientation Discrimination Claims Survive Dismissal

VFP Investments I LLC v. Foot Locker, Inc.

Plaintiff Fails to Allege Fraudulent Misrepresentation Against Foot Locker

Trevino v. Sandler

Defendant's Filing of Police Report on Tenant Does Not Support Emotional Distress Claim

Matter of Broad v. The N.Y. City Board/Dept. of Educ.

Court Grants Tenured NYC Teacher's Petition to Challenge Her Termination

Conviron Controlled Environments, Inc. v. Arch Ins. Co.

Judgment for Subcontractor on Unpaid $126,831 Balance Under Bond Is Explained

Compas Medical, P.C. v. Farm Family Casualty Ins. Co.

Payment Delay Letters Did Not Toll Statutory Time Period to Pay or Deny Claim

Bickham v. Coca Cola Refreshments USA, Inc.

Sufficient Evidence Exists to Hold Coca-Cola Liable for Negligence Under Res Ipsa Loquitor

Peckar & Abramson, P.C. v. Lyford Holdings, Ltd.

Finding Tax Refund's Transfer Not Fraudulent Bars Creditor Law Firm's Claim for Unpaid Fees

Navig8 Chemicals Asia Pte., Ltd. v. Crest Energy Partners, LP

Arbitral Award for Charter's Breach Confirmed; Reasonable Attorney's Fees, Costs Granted

Ali v. New York City Environmental Control Board

Purported Lessee Lacks Standing to Pursue Rights Claims Over Building Violations

USA v. O'Neill

Pipe Bomb's Possessor May Be Detained In Order to Assure Community's Safety

The People v. Thorne

Act of Running Away From Officer Provides Circumstantial Proof of Guilt

OA Manhattan LLC v. The Condominium Board of Managers of Cassa NY Condominium

Residential Board in Landlord/Tenant Action Cannot Overcome the Text of the By-Laws

Flink v. Escamilla

Issue of Fact Exists as to Medical Defendants' Deviation From Accepted Standards of Care

Downtown Acupuncture PC v. State Wide Ins. Co.

Insurer Cannot Invoke Collateral Estoppel to Bar Plaintiff's Recovery of No-Fault Benefits

Mestrovic v. Serum Versus Venom, LLC

Plaintiff Establishes That Former Employer Failed to Pay Him According to Agreement

Board of Managers of 141 Fifth Avenue Condominium v. 141 Acquisition Assoc. LLC

Complaint That Does Not Set Forth Specific Statement Fails to Allege a Fraud Claim

Benzemann v. Citibank N.A.

FDCPA Violated When Bank Freezes Debtor's Account, Not When Restraining Notice Is Sent

The People v. Jackson

Photographic Showup Was Unduly Suggestive As Officer Showed One Photo to Witnesses

Matter of the Execution of Written Instruments of Surrender Concerning Children in Foster Care MP and CP Dependent Children Under the Age of 18.

Court to Hold Hearing on Whether Mother's Surrenders of Children Should Be Vacated

Estate of Schwartz

Proponent in Contested Probate Proceeding Establishes Decedent's Testamentary Capacity

Reus v. Tilp

Issues of Fact Exist as to Payments Made to Two Former Law Partners and Their Firm

Serio v. Rossano

Husband Caused His Separate Property to Be Transmuted Into Marital Assets

Cowell v. Utopia Home Care, Inc.

Home Health Aide Alleged Work Beyond FLSA's 'Companionship Services' Exemption

Matter of State of New York v. Angel A.

Court Did Not Err in Allowing at Trial Evidence of Personality Disorder Diagnosis

Lent v. CCNH, Inc.

Damages Awarded Teenager Sexually Assaulted By Her Much Older Male Coworker Explained

USA v. Laboratory Corp. of America Holdings

False Claims Act Qui Tam Action Dismissed as Insufficiently Pleaded

USA v. Knighton

Court Explains Its Denial of Drug Dealer's Motion Seeking Acquittal or New Trial

Estate of Tan

Respondent Found in Contempt for Failing To Comply With Order in Turnover Proceeding

USA v. Smith

Post-Arrest Statements Voluntarily Made, Home Searched on Consent; Suppression Denied

Leggett & Platt, Inc. v. CM Mattress, LLC

$113,725 Default Judgment for Contract Breach Damages Is Explained

Edwards v. Onondaga Community College

'Three-Day Presumption' on Receipt of EEOC Notice of Rights Rebutted; ADEA Suit Survives

Kazolias v. IBEW LU

Expressions of Resentment Reflected Retaliatory Animus Prior to Remarks at Union Meeting

Profeta v. Shandell

Suit Over Legal Fees in Case Over Leaks From Landfill Deemed Unripe, Fails to State Claim

Weinrauch v. Royal Summit Owners, Inc.

Severance of Third-Party Action Denied; Has Common Factual, Legal Issues With Main Action

2647 Sedgwick, LLC v. Melo

Landlord Unable to Rely on Prior Proceedings Not Pursued, Discontinued; Dismissal Granted

The People v. Barszczak

Prosecutors Fail to Meet Burden to Establish Existence of Excludable Time; DWIs Dismissed

Estate of Arzu

Infant's Post-Deceased Father Disqualified From Receiving Distributable Estate Proceeds

Wells Fargo Bank v. Banks

Strict Compliance With RPAPL §1304 Required; Plaintiff's Claim §1304 Inapplicable Rejected

Roemer v. Village of Ardsley

Complaint to Recover Damages in Trip, Fall Dismissed for Lack of Prior Written Notice

GMAC v. Alfred

GMAC Excuse for Failure to Comply With Court Order Self-Serving, Insufficient; Motion Denied

Lanyi v. Wright

Defendants Denied Default Judgment as No Responsive Pleading was Required by Plaintiff

Bay Ls Medical Supplies, Inc. v. Allstate Ins. Co.

Insurer Granted Dismissal of Provider's Second Cause of Action as Proof Unrebutted

USA v. Gigliotti

Suppression Motions Denied; Search Warrant Upheld Under 'Independent Source' Doctrine

Tyson v. Nikolis

Factual Issues if Passenger Sustained Serious Injury Precludes Summary Dismissal

Franklin v. The Daily Holdings, Inc.

Court Explains Modifications to Dismissal Of DJ's Libel Claims Over News Report, Tweets

Matter of Ballabon v. Straight Path IP Group, Inc.

Claims of Arbitrator's Error, Partiality Rejected; Award Is Denied Vacatur

H&M Trading Co. LLC v. Jordache Ltd.

H&M's Claims Derivative Claims Belonging To the LLC, Barred; Complaint Dismissed

Trieste v. Graphic Communications Teamsters Local 503

Cognizable ERISA Claim Not Stated in Action To Recover Contributions to Pension Fund

In re Gao

Bankruptcy Court Properly Estopped Debtor's Relitigation of Issues Decided by Texas Court