This Week's Summaries

The People v. Lin

DWI Convictions Reversed as Substitute Witness Did Not Satisfy 'Bullcoming' Standard

Matter of Evans

Co-Guardians' Breach of Fiduciary Duties Warrants Total Denial of Commissions

Matter of Seltun

Conditional Order Grants Petitioner's, Counsel's Motion Unless Father Responds to Discovery

Schwartzco Enterprises LLC v. TMH Management, LLC

Plaintiffs Fail to State How or Why Relevant Representations Were Fraudulent

Baril v. JPMorgan Chase Bank, N.A.

Plaintiff Fails to Show Reasonable Reliance, Injury Caused by Alleged Misrepresentation

A.H. v. G.H.

Court Declines to Apply CSSA; Neither Parent Awarded Child Support

In Re OSG Sec. Litigation

Outside Auditors Obligated to Investigate Representations Made by Management

The People v. Sears

Aggravating Factors, Additional Points Warrant Designating Defendant Level II Sex Offender

JDM Long Island, LLC v. U.S. Bank National Assoc

Receiver's Final Commission Cannot Be Determined Where Records Are Insufficient

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C

Settlement Agreement Has No Affirmative Obligation to List on Only One Exchange

Matter of Child A and Child C

If Parents Seek to Place Adopted Children With Others, Application to Court Must be Made

Walia v. Holder

Court Dismisses DHS Special Agent's Privacy Act, FTCA Claims Against DOJ

Reitan v. China Mobile Games & Entertainment Group, Ltd

Court Consolidates Securities Fraud Class Actions That Involve Identical Questions

Saunders Venture Inc. v. Catcove Group, Inc.

Broker Fails to Show It Was Procuring Cause of Sale; Not Entitled to Commissions

Air Charter Service, Inc. v. Kilmetis

Ex-Employer Denied Restraining Order, Enforcement of Restrictive Covenant

Labombard v. Winterbottom

Service Upon Plan Administrator Failed To Follow NY Law for Serving Labor Union

Lease Finance Group, LLC v. Fiske

Service of Notice on PA Branch Insufficient To Permit Restraint of Georgia Account

General Assurance Co. v. Lachmenar

Panel Affirms Judgment Awarding Insurer Money in Subrogation Action

Goli Realty Corp. v. Halperin

Broker Entitled to Commissions Based On Implied-in-Fact Contract, Parties' Conduct

Bull v. Colvin

ALJ Is Not Bound By Former Treating Physician's Opinion as To Issue of Disability

NY Central Mutual Fire Ins. Co. v. Bronx Chiropractic Services, P.C.

Insurer Granted Vacatur of Master Arbitrator's Decision as Contrary to Well-Settled Law

Levy v. Young Adult Institute, Inc.

In ERISA Action, Court Cannot Convert Legal Claims Into Truly Equitable Claims

Plummer v. Atlantic Credit & Finance, Inc.

FDCPA Bars Debt Collector's False Claims In Debt's Sale, Transfer to Another Collector

Getz Plaza Corp v. Staten Island WG, L.L.C.

Landlord Limited to Suing for Money Damages For Default, Barred From Suing for Possession

HBC Solutions, Inc. v. Harris Corp.

Parties' Dispute Falls Within Compact's Price Resolution Process, Is Subject to Arbitration

Lin v. NY State Dept of Labor

Supervisor's Emails Motivated by Retaliatory Animus Toward State Agency's Ex-Employee

1541 Williamsbridge Realty, LLC v. Ramsay

Tenant's Son Fails to Show Grounds to Vacate Stipulation, Final Judgment of Possession

Patrick v. Garlick

Harassment, Discrimination Claimants May Amend Suit to Name Parks Agency Defendant

Wells Fargo Bank v. Cerotano

Intestate Decedent's Interest in Property Passed to Wife; Estate Not Necessary Party

Santiago v. Cuomo

Injunctive Relief to Compel Governor to Amend WTC Law Violates Separation of Powers

Sons of the Revolution in the State of NY, Inc. v. The Travelers Indemnity Co. of America

Restaurant's Claims Against Insurer, NY Utility Arose From 'Sandy' Storm; Severance Denied

Zahav Enterprises, Inc. v. Martens

Commissioner's Order Rational, Not Arbitrary; Claims for Declarative, Injunctive Relief Denied

Advanced Automatic Sprinkler Co., Inc. v. Seaboard Surety Co.

Surety Granted Motion for Summary Judgment on Claim For Delay Damages

Berger v. Prospect Park Residence LLC

Assisted Living Residents Granted Injunction Staying Commencement of Action to Evict

USA v. Ahmed

Jury in Trial Against Alleged Terrorists To Be Anonymous, Semi-Sequestered

Matter of Harris v. Board of Education of the City of New York

Arbitrator's Denial of Motion to Preclude Not Arbitration Under CPLR 7511

USA v. Mead

Statutory Rape Violating NY Penal Law §130.40-2 Not 'Crime of Violence' Under USSG §4B1.2

Central Mortgage Co. v. Sukhdeo

Plaintiff Fails to Establish Criteria for Leave To Renew, Reargue Summary Judgment Motion

Planavsky v. Broome County

Properties' Sale at Foreclosure Under State's Taxing Power Not Taking for Public Purpose

Morningside Translations, Inc. v. Tsaidi

Injunction Enjoins Plaintiff From Any Contact With Defendants; Costs, Attorney Fees Awarded

Thaler v. Parker

Bankruptcy Reference Denied Withdrawal Despite Court's Lack of Authority to Enter Final Judgment

Rose v. Chapel Banks Investments, Inc.

Defendants Granted Dismissal of Plaintiff's Sixth Successive Suit Under Res Judicata

Peralta v. Roros 940, Inc.

Pregnancy Discrimination Claim Against FedEx Subcontractor Survives Dismissal

Matter of Dinger

Daughter Denied Dismissal of Grandson's Petition for Letters of Administration

USA v. The Town of Oyster Bay

Bias Claims Over Affordable Housing Programs Denied Stay Pending Ruling in Texas Action

Estate of Stanton

Material Issues Exist on Decedent's Capacity, Undue Influence; Daughter's Motion Denied

Carrasco v. J.A. Health Trends Corp.

Dismissal With Prejudice, Waiving Statutory Rights Under FLSA, Cannot Be Sanctioned

Walker v. The City of NY

Court Explains Dismissal of Rights Action Arising From Children's Removal From Home

Matter of Cooper

Guardian Appointed for AIP on Consent For Indefinite Duration to Marshal Assets

Matter of JPMorgan Chase Bank

Chase Granted Substantial Fee Recovery; Co-Trustee Must Pay Own Attorney Fees

USA v. Dr. Reddy's Inc.

Medicare Part D Sponsor's FCA Suit Against Indian Generic Drug Maker Is Dismissed

Pictet Funds

FINRA Arbitration Parties Entitled to Injunction; Claim Was Beyond Purview of Arbitration Clause

The People v. Cruz

Defendant's Conduct, Substantial Justice Warrant Denial of Resentencing Motion

Matter of Carmelo G.

Respondent Found Person Legally Responsible For Dead Child; Dismissal Denied

American General Life Ins. Co. v. Diana Spira 2005 Irrevocable Life Ins. Trust

Despite Misrepresentation of Income, Net Worth, Insurer Loses Bid to Void $5 Million Life Policy

Will of D'Ambrosio

Incomplete Discovery, Factual Issues Bar Granting Summary Judgment in Will Contest

Vossbrinck v. Accredited Home Lenders, Inc.

Court Erred in Dismissing, Not Remanding, Claims Barred by 'Rooker-Feldman' Doctrine

Banner Industries of N.E., Inc. v. Wicks

Record Evidence Does Not Support Finding That Confidentiality Clause Was Violated

J F v. W F

Privilege Against Self-Incrimination Inapplicable Regarding Fears of Civil Liability

The People v. Morency

Despite Counsel's Misunderstanding of Law, Meaningful Representation Was Provided

Nelson v. Selfhelp Community Services, Inc

Nonprofit Wins on Claim Home Health Aide Was Negligently Retained, Supervised

Sciarrone v. Juliano

Car Accident Victim's Injuries Not Shown To Be 'Serious' Under Insurance Law §5102(d)

The People v. Rivera

Police Lacked Consent For Initial Entry Into Home; Evidence, Statements Suppressed

Matter of Valerie L. S.

AIP Did Not Choose, But Acquiesced to Son's Selection of Counsel; Attorney Disqualified

Estate of Figuereo

Father Disqualified From Receiving Share Of Wrongful Death Settlement Proceeds

Bethpage Water District v. Northrop Grumman Corp.

Discovery Stayed Pending Decision on Whether Water District's Lawsuit Was Timely Brought

Zahavi v. JS Barkats PLLC

Plaintiff Found Entitled to Statutory Interest On Award of Over $209,000 From Law Firm

Intelligent Product Solutions, Inc. v. Morstan General Agency, Inc.

Court Denies Dismissal of Unjust Enrichment Claims; Directs Joinder of Necessary Party

Drake v. USA

Debtor's Direct Financial Interest Warrants Standing to Order as to IRS Proof of Claim

Cael Technologies (Pvt.) Ltd. v. Precise Voting, LLC

Trademark Infringement Claims Against Indian Maker of Vote Machine Software Plausibly Stated

Berman v. Neo@Ogilvy LLC

Fired Worker Not 'Whistleblower' Under Dodd-Frank; Lawsuit Dismissed Under 'Asadi'

Moreno v. Frame Works Group, L.L.C.

Worker Not in Class Entitled to Protection Under Various Labor Law Provisions

Pitkow v. Lautin

Patient's Negligence, Products Liability Claims Against Manufacturers Preempted

Doronin v. Amanat

Court Stays Action Pending Completion Of Previously Instituted Litigation in UK

Matter of The State of NY v. Baker

Dismissal of Petition for Civil Confinement Denied; State Pleads Claim Cognizable at Law

Baseball Quick, LLC v. MLB Advanced Media L.P.

Firm's Method of Condensing Baseball Games For Streaming Did Not Infringe Rival's Patent

Casabianca v. The Mount Sinai Medical Center, Inc.

PREP Act Inapplicable to Defendants' Claim Of Immunity From Suit in Malpractice Action

Samsung Display Co., Ltd. v. Acacia Research Corp

Bulk of Claims Arising From Allegedly Wrongful Patent Infringement Lawsuits Are Dismissed

Darby Group Co. Inc. v. Wulforst Acquisition, LLC

Court Confirms Referee's Report for Sale Of Encumbered Premises as Single Parcel

USA v. Sanchez

Miscalculation of Mandatory Minimum Sentence Impacted Sentence Imposed

Houdet v. U.S. Tennis Assoc.

Res Judicata Bars ADA Breach Suit Alleging Ban On Taping of Wheelchair Tennis at U.S. Open

U.S. Bank National Assoc. v. Duthie

Motion to Strike Note of Issue Denied; Hearing Ordered on Bank's Possession of Note

Bank of Comm., N.Y. Branch v. Ocean Development America, Inc.

Bank's Entitlement to $130,000 Damages For Parcel's Fraudulent Transfer Explained

Estate of Brown

Court Recuses Itself in Estate Suit As It Presided in Prior MHL Article 81 Action

Stein v. World-Wide Plumbing Supply Inc.

Suit Asserting RICO Claims Based on Breach Of Human Trafficking Bans Partly Dismissed

100 W 174 LLC v. Haskins

Tenant Entitled to 40% Rent Abatement For Warranty of Habitability Violations