This Week's Summaries

Gordon v. Parole Officer Semrug

Ex-Parolee's Claims Over DSO Designation Time Barred, Barred by Qualified Immunity

USA v. Accolade Construction Group, Inc.

No Right to Jury Trial Under TSCA Where Only Injunctive Relief, Disgorgement of Profits Sought

Spak v. Phillips

Rights Suit's Dismissal Upheld; Claim Accrued On Nolle Prosequi's Entry, Not Records' Erasure

Ramirez v. Elias-Tejada

Fact Issues Preclude Judgment to Disabled Car's Driver in Three-Vehicle Accident

Matter of Berk

Wife's Motion to Find Dead Man's Statute Did Not Bar Testimony Denied; Statute Applies

Arrow Financial Services, LLC v. Benjamin

Deficiencies, Clerk's Lack of Authority to Enter Default Judgment Grant Defendant Vacatur

The People v. Superintendent

Executive Law §259-c(14) Inapplicable To Defendant, DOCCS' Finding Arbitrary

USA v. Radin

Misconduct Accusations Baseless, Bias Claims Based on Proceeding Events; Recusal Denied

Generation Mortgage Co. v. Jakubosky

Mortgage Dispute Between Living Parties, Out Of Court's Jurisdiction; Default Judgment Denied

USA v. Nagi

Indictment Arising From Travel to Turkey With Intent to Enter Syria to Join ISIL Not Dismissed

Gularte v. Khabir

Consolidation Denied, But Joint Discovery, Trials of Three Related Matters Granted

Makinen v. City of N.Y.

State's High Court Must Decide if City Code Bars Disability Bias Claim Over Perceived Alcoholism

Jalal v. Lucille Roberts Health Clubs Inc.

Jewish Woman Treated Differently by Gym Only Because She Wore Inappropriate Attire

McManus v. Tetra Tech Construction, Inc.

Dodd-Frank Claim Over Firm's Accounting Practices Violating Sarbanes-Oxley Survives

The People v. Depasquale

Text Message Not True Threat; Information Facially Insufficient, Charges Dismissed

Estate of Terrarosa

Motion to Preclude Discovery by Objectant Under CPLR 3126 Denied as Unwarranted

Matter of Bruce

Court Finds Decedent's Will Provision Validly Exercised Powers of Appointment in Trusts

Proceeding to The Morull Trust

Trustee Fails to Satisfy Statutory Requirements To Warrant Granting Leave to Renew, Reargue

The People v. Flores-Estrada

Motion to Preclude Testimony on Shaken Baby Syndrome, 'Frye' Hearing Denied

McCulloch Orthopaedic Surgical Services, PLLC v. Aetna Inc.

ERISA Does Not Bar 'Out-of-Network' Doctor's Promissory Estoppel Claim Against Insurer

Uddoh v. United Healthcare

No Bias in Rejection of In Vitro Fertilization Benefits due to Mistake About Party's Gender

The People v. Harrington

Court Grants Consolidation of Two Actions For Trial Under 'Molineux' Theory

Kravets v. 313-23 Owners Corp.

Owner Granted Dismissal of Personal Injury Suit; Plaintiff Fails to Identify Cause of Fall

Mischel v. Safe Haven Enterprises, LLC

Attorney Fails to Show Foreign LLC Subject To Jurisdiction in NY; Complaint Dismissed

Latin America Music Co., Inc. v. Spanish Broadcasting System, Inc.

Infringement Claims Against Radio Stations' Owner Not Proved by Preponderant Evidence

GDC Bridgeport Holdings, LLC v. Anderson

Fact Questions Bar Motion to Find Defendants Entitled to Advancement of Expenses

Allstate Ins. Co. v. Buziashvili

Judgment Against Defendants for Unjust Enrichment, Fraud Claims Granted Insurer

AWI Security and Investigations, Inc. v. Whitestone Construction Corp.

Defendant Shows Time to Sue Expired Before Commencement of Contract Breach Action

Pak v. Lancaster

Plaintiff Fails to Provide Documentary Proof, Denied Trial Preference Based on Age Motion

Jewell v. Lifeboat

Transfer of Copyright Infringement Suit Over App's Use to CA's Central District Is Explained

Marshall v. NYS DOCCS

Challenge to 2003 Detainer Is Successive Habeas Filing, Transferred to Second Circuit

CRA Holdings US, Inc. v. USA

Sanction Denied Over §41 Criteria Responses For Sampling in Firm's Bid for Tax Refund

Assembly Point Aviation, Inc. v. Richmor Aviation, Inc.

Agreement Was Orally Modified; Verdict Form Allowed for Internally Inconsistent Verdict

Gavriyelov v. Appeldorn

Predicate Notice Defective; Rent Stabilized SRO Tenants Granted Dismissal of Petition

Mance v. U.S. Parole Commission

Parole Revocation Denied Habeas Relief; USPC Required to Deny Sentence Credit Retroactively

The Grove, LLC v. Suquilanda

Allegations Did Not Establish Pattern Of Dangerous Behavior; Dismissal Granted

Matrix Polymers Inc. v. A-E Packaging, Inc.

Default Judgment Deemed to Be Willful, Is Denied Vacatur for Excusable Neglect

Onewest Bank v. Franklin

Failure to Answer Complaint, Make Pre-Answer Dismissal Motion Waives Service Objection

Taylor v. Financial Recovery Services, Inc.

Collection Letters Did Not Violate FDCPA; Settlement Consequences Statement Accurately Stated Law

Difrancesco v. Win-Sum Ski Corp.

Final Discovery Extension in Injury Suit Over Boy's Fall From Chairlift Explained

Third Housing Co., Inc. v. Velez

No Factual Basis to Support Allegation Tenant Failed to Cure; Dismissal of Holdover Granted

Project Renewal, Inc. v. Jones

Overtenant Fails to Accurately State Regulatory Status of Premises, Holdover Suit Dismissed

Phillips v. 180 Bklyn Livingston, LLC

Bid for Money Settlement Was Inconsistent With ADA Title III's Private Right of Action

Clement v. Shiu

Dismissal of Firefighter's Personal Injury Suit Denied; Striking Answer, Sanctions Denied

Colonial Funding Network, Inc. v. Epazz, Inc.

Usury Counterclaims Dismissed in Breach Suit Over Future Receipts' Sale for Advances

Katz v. Donna Karan International, Inc.

Action Alleging Breach of FACTA's Truncation Requirement Dismissed for Lack of Standing

Ruiz v. Brohan

Driver Granted Partial Summary Judgment As to Defendants' Liability in Car Accident

High v. Miller

Burglar Denied §2254 Relief From Conviction Arising From Break-In to Steal Copper Pipe

Abbott v. Wyoming County Sheriff's Office

Sheriff's Office Must Supplement Response To Bias Claimant's Documents Request

The People v. Baker

Evidence Legally Sufficient to Show Defendant Committed Charged Sex Crimes Against Minor

Lyons v. Maxwell-Kates, Inc.

Worker Defendant's Special Employee, Barred By WCL Exclusivity Provisions From Suing

U.S. Bank N.A. v. Fitzmaurice

US Bank Proves Standing by Showing it Owned Note, Had Possession When Action Commenced

Bierman, v. Melandro

Wife's Attorney Awarded Legal Fees Against Husband Under Doctrine of Necessaries

Garcia v. Village Red Restaurant Corp.

Sole Shareholder Holds No Control Over Eatery, Is Not 'Employer' for FLSA Suit

U.S. Bank Trust National v. Sheikhzadi Sultana

GAL in Foreclosure Suit Denied Hourly Rate, Awarded $650 Flat Fee and Costs of Motion

Cash Funding, LLC v. Gilberg

Order Awarding Summary Judgment in Lieu Of Complaint on Loan Against Lawyer Reversed

Nias v. The City of N.Y.

Officer Engaged in Emergency, VTL §1104 Reckless Standard Applicable; Dismissal Granted

Bendavid v. PCGNY Corp.

Managing Agent, Owner Entitled to Contractual Indemnification of Defense Costs by Contractor

USA v. Khalil

Transportation of Alien Was Not Related to Act In Furtherance of His Unlawful Presence in U.S.

I.O.B. Realty, Inc. v. Patsy's Brand, Inc.

Incontestability, Laches Claims Rejected In Suit Over Pizzeria Mark's Infringement

Montell v. Ballot

Company Did Not 'Launch Force, Instrument Of Harm'; Personal Injury Action Dismissed

Baross v. Greenlawn Volunteer Fire Dept., Inc.

Volunteer Fire Dep't is State Actor Subject To ADA, §1983 Claims by Ex-Member's Estate

Matter of N.L.G.

Court Constrained to Grant Kinship Guardianship Petition, But Orders Conditions

Munro v. Masseus

Failure to Serve Termination Notice on NYCHA, Identify Section 8 Tenant Warrants Dismissal

N.Y. City Dist. Council of Carpenters v. New England Construction Co., Inc.

LMRA Requires Confirmation of Arbitral Awards; Bid for $700 in Legal Fees, $499 in Costs Granted

Keller Foundations, LLC v. Zurich American Insurance Co

Duty to Named Insureds Not Breached By Insurer's Settlement With Third Party