This Week's Summaries

The People v. J.R.

Dismissal of Indictment in Interest of Justice Due to Alleged Medical Condition Denied

Matter of Brecher

Reformation of Will to Avoid Estate Tax To Be Imposed Under New Law Granted

Cheney v. Wells

Brother Fails to Make Prima Facie Case Transfer of Coop Product of Sister's Duress

The People v. Ozua

Physical Injury Element of Assault Charge Sufficiently Pleaded; Dismissal Denied

O'Neal v. Spota

'Heck' Rule Bars Malicious Prosecution, §1983 Defamation, Slander Claims

Booker v. The City of N.Y.

Man Not Protected Under Title VII Lacked Interest in Job, Not Subject to Double Jeopardy

Gumbs v. Cunningham

Defendant Not Subjected to Double Jeopardy By Resentence to Include Mandatory PRS Term

A.G.S. v. D.S.

Husband's Firearm License Revoked Based On Infliction of Physical Injury to Wife

USA v. Williams

Flight, Danger Risks Noted in Revocation Of Order Releasing Defendant Pending Trial

Penberthy v. Chickering

Claim Debts Owed Under Settlement Were Not Discharged by Bankruptcy Are Deemed Estopped

Clear Water Psychological Services PC v. American Transit Ins. Co.

Insurer Granted Stay Pending Board Decision If Assignor Employee at Time of Accident

Surlock v. Delaney

Agency's Head Immune From Suit's Surviving Claims Over Conduct Ending Upon Transfer

Crespo v. N.Y. State Office for People with Disabilities

No Basis for Liability Found Against State For Personal Injury Claim Against UCP

Merchant Funding Services, LLC v. Volunteer Pharmacy Inc.

Loan by Another Name Did Not Shield It From Finding it Contemplates Usurious Transaction

USA v. Conway

48-Month Prison Sentence, $4.75 Million Restitution for Wire Fraud Is Explained

Burns v. Seterus, Inc.

Dismissal of Bankrupt's FDCPA Claim About Effort to Collect Mortgage Debt is Explained

Gray v. Jung

Triable Issues of Seller's Competency to Enter Contract of Sale Bar Summary Judgment

Fernandez v. POP Displays and Active Staffing

NYCHRL Inapplicable to Worker's Claims, Including Sexual Harassment, Against Employer

ICICI Bank Ltd. v. Essar Global Fund Ltd.

'Non-Core' Proceeding Properly Removed, Is Denied Transfer to District of Delaware

Canon U.S.A., Inc. v. F & E Trading LLC

Complaint Plausibly Alleges Infringement, Unfair Competition Violating Lanham Act

Herbert v. Dryden Mut. Ins.

Insurer Found Obligated to Indemnify Home Owners for Damages in Personal Injury Suit

Application of Uhl

Petitioner Granted Summary Judgment Against Company in Turnover Proceeding

Boyce v. Citibank, N.A.

Bankruptcy Court Did Not Err in Denying Motion to Reopen Adversary Proceeding

Kasperek v. N.Y. State, Depart. of Corrections and Community Supervision

Teacher's Sex Bias Claim, But Not Her Hostile Job Site, Retaliation Claims, Should Be Dismissed

Citimortgage Inc v. Volkommer

Court Denies Vacatur of Order of Reference; Defendant's Claims Lack Merit, Speculative

The November Team, Inc. v. N.Y. State Joint Commission on Public Ethics

'Pullman' Abstention Appropriate in Bid to Enjoin Inconsistent, Ambiguous Advisory Opinion

Hernandez v. JRPAC Inc.

Reduced $51,425 Legal Fee Award to FLSA Suit's Prevailing Party Plaintiffs Explained

Knight v. USA

Actual Innocence Due to Insanity Claim Fails On Merits; §2255 Sentence Relief Is Denied

8206 Third Avenue Realty LLC v. Resto

Nonpayment Proceeding Dismissed; Landlord's Defective Demand Unamendable

N.Y. City Housing Auth. v. Goldman

Landlord's Failure to Strictly Adhere to RPAPL §733 Mandates Grants Dismissal of Holdover

Bronstein v. Bronstein

Court Vacates Default Judgment Based on Fraudulent Promissory Note

U.S. Bank, N.A. v. Russo

Defendants Failed to Refute Bank's Evidence Of Their Default; Foreclosure Motion Granted

1970 University LLC v. Akpata

Notice to Cure Defective, Termination Notice Unwarranted; Tenant Granted Dismissal

Ace Decade Holdings Ltd. v. UBS AG

Court Lacks Jurisdiction Over Swiss Company, Which Is Not Essentially at Home in NY

Brady v. Goldman

NYJL §487 Claim Waived, Fraud Claim Did Not Particularly Explain Why Statements Deceitful

Stepanian v. USA

Government Not Liable for Motorcyclist's Injury After Colliding With 'Obvious' Barrier

Alstom, et al. v. General Electric Co.

Purchase Price Adjustment Dispute Must Be Submitted to Independent Accounting Firm

The People v. Krahforst

Failure to Change Lanes, Activate Blinker Indicating Intent, Violated VTL §1144-a

In Re Jumei International Holding Limited Securities Litigation

Chinese Online Retailer Did Not Make Actionable Misstatements in IPO Registration Statement

HSBC Bank USA, N.A. v. Aschmoneit

Failure to Provide Certificate of Merit, Excuse For Same Denies Vacatur of Action's Dismissal

The People v. Carty

Divided Panel Affirms Disorderly Conduct Conviction of 'Occupy Wall Street' Protestor

Midia v. USA

Claim of Sexual Harassment by Federal Agent Does Not Warrant Indictment's Dismissal

Matter of Timpano (Brough)

Spouse Reimbursed for Lot Rent for Mobile Home; Son's Distributive Share Subject to Offset

Murillo v. The City of N.Y.

Defendants Granted Motions to Strike Errata Sheets Lacking Explanations for Changes

Moss v. Colvin

No Error in Courtroom's Closure to Public To Protect Testifying Undercover Officers

USA v. Rubenstein

IRS's Collection Efforts Not Penal, Do Not Violate Ex Post Facto, Double Jeopardy Clauses

Estate of Grossman

Objectant Raises Genuine Issues of Fact Precluding Spouse's Summary Decision Motion

Godson v. Eltman

Protective Order Granted; Demand for Deposition Transcripts From Indiana Action Overly Broad

The People v. Veliz

Defense Counsel Denied Unsealing Records To Attain Information of 'Associated Arrest'

Schwartz v. HSBC Bank USA

Injury Claims Not Plausibly Pleaded; Court Need Not Decide if TILA Injury Was 'Concrete'

Will of Pungello

Dismissal of Objections, or Probate Petition Denied; Striking Note of Issue Granted

Sher v. Bonocci

Settlement, Stipulation of Dismissal Preclude Default Judgment's Entry, Award of Damages

Matter of Asch

Leave to Reargue Granted, Upon Same, Cross- Motion for Summary Judgment Denied

The People v. Nachum

Defendant's Right to Testify Before Grand Jury Waived Solely by Counsel's Gamesmanship

The People v. Pacheco

Discovery of Drugs Lawful as Probable Cause for Search Preceding Arrest Existed

Bracken v. MH Pillars Inc.

Jurisdictional Discovery Permitted in Action Over Firms' Failure to Release Funds

Cupcake & Boomboom, LLC v. Aslani

Plaintiff Not Barred From Membership Interest By Denial of Liquor License Application

Triantafillakis v. Madden

Vacatur of Prior Unopposed Summary Judgment Motion in Option Agreement Litigation Denied

Elmrock Opportunity Master Fund I, L.P. v. Citicorp North America, Inc.

Buyer's Allegation Sufficient to Sustain Contract Breach Claim for $99 Million in Damages

Galitsa v. Berkley

Customer's Claims Against JPMC For Reversing Payments Upon Claims of Forgery Dismissed

Quinn Emanuel Urquhart & Sullivan, LLP v. Avra Surgical Robotics, Inc.

Default Against Law Firm Vacated, Granting It Leave to Serve Reply to Client's Counterclaim

Rafiy v. The County of Nassau

Medicare Contractor Is Government Agent Entitled to Immunity From §1983, 1985 Claims

Kessler v. Carnegie Park Associates, L.P.

Offering Plan Prevails Over Tenants' Mere Allegations, Which Contradict Plan's Terms

Moore v. Chapplus

Denial of §2254 Relief Setting Aside Sentence For Stabbing, Killing Bus Driver Is Explained

White v. Metropolitan Opera Assn., Inc.

'Star' Opera Singer's Personal Injury Suit Not Barred by WCL §11 'Exclusive Remedy'

S&R Development Estates LLC v. Town of Greenburgh

'Town Defendants' Claim of Excusable Neglect For Failure to Timely Answer Suit Is Rejected

Voronina v. Scores Holding Co., Inc.

Models, Actresses Fail to State Libel Claim Over Implication They Work at Strip Clubs

S&S Agriculture USA, Inc. v. Maldonado

Landlord's Claim Tenant's Payment of Over-Charge Waived Same 'Patently Ridiculous'

Larson v. USA

Dismissal of Challenge to Penalties Assessed For Failure to Register Tax Shelters Explained

Carroll Flats LLC v. Simmons

Landlord Fails to Exercise Due Diligence In Ascertaining Premises' Residents' Identities

Bobcar Media, LLC v. Aardvark Event Logistics, Inc.

Vehicles' Designs Sufficiently Similar to Deceive Ordinary Viewer; Infringement Plausibly Willful

Meadow Manor Holdings LLC v. Christian

Tenant Granted Reargument, Upon Same Entitled to Dismissal of Nonpayment Action

Kingsland Holding Group LLC v. Lyking-Spragion

Landlord Cannot Maintain Nonpayment Suit; No Privity of Contract Found With Tenant

1471 Second Corp. v. NAT of NY Corp.

Renewal, Reargument of Order Granting Complaint's Dismissal Against Guarantor Denied

Emeagwali v. Burgos

Landlord Fails to Properly Terminate Tenancy Before Commencing Action; Dismissal Granted

USA v. One Red 2003 Hummer H2

Owner Denied Return of Seized Vehicle Sought To Be Forfeited Pursuant to 21 USC §881(a)