This Week's Summaries

Hicks v. Berkshire Farm Center

Material Issues Preclude Summary Judgment On Negligent Training, Supervision Claims

Beautyko, LLC v. Fedex Ground Package System

Wholesaler Must Arbitrate Breach, Negligence Claims Against Web Site's Operator, Shippers

Thermidor v. Pinnacle Uptown, LLC

Elevator Repair Company Granted Summary Judgment in Negligence Action by Resident

USA v. Rulison

Government's Suit for $1.013 Million in Unpaid Taxes Timely Under 26 USC §6502(a)(1)

Clayborne v. Human Resource Director

Age Discrimination Claimant Denied Default Judgment in Suit Asserting ADEA's Violation

Hiralall v. Adames

Sudden Stop in Traffic Foreseeable; Partial Summary Judgment on Liability Issue Granted

Zeak v. USA

Prior Judgment as to Medical Malpractice Negate's Assertion of Negligent Hiring Claim

Craig v. Saxon Mortgage Services, Inc.

'Rooker-Feldman' Doctrine Divest Court Of Jurisdiction Over Foreclosure Challenge

Capretto v. City of Buffalo

Defendants Made Special Use of Driveway; Denial to Dismiss Negligence Claims Proper

Freely v. Donnenfeld

Patient Fails to Establish Alleged Fraud Claim Separate From Medical Malpractice Action

Cach, LLC v. Sarkodie

Assignee's Motion for Summary Judgment To Recover on Credit Card Debt Denied

USA v. Jafari

Government Entitled to $125,000 Forfeiture For Social Worker's Health Care Fraud

Will of Annette Sabin

Court Finds 'Three-Two Rule' Applies, Grants Movants Extension for Special Circumstances

Matter of Rice

Court Construes Will's Provision to Favor Estate of Niece Who Survived Last Life Tenant

Adams v. Sheehan

FDCPA Suit Arising From Foreclosure Action Is Dismissed for Failure to State a Claim

Matter of Carpenter

Lease Holder Denied Dismissal of Trustee's Suit to Terminate Lease, Recover Possession

Estate of Julio Vasquez

Objections Regarding Conversion by Movant Of Decedent's Items Dismissed, Otherwise Denied

Ritchie Capital Management, LLC v. General Electric Capital Corp.

Suit Over Failure to Disclose Ponzi Scheme's Discovery Is Stayed Pending Motion to JPML

Atkins v. Pitney Bowes Management Services

Race, Religion Bias Claimant Legitimately Fired for Not Completing Mandatory Training

Matter of Breselor v. Arciniega

Panel Affirms Family Court Order Granting Grandmother Visitations

Henry v. Nannys for Grannys Inc.

Issues Exist Whether Care Givers Fall Within FLSA's 'Companionship' Exemption

Lazar v. Lazar

Panel Modifies Maintenance, Child Support Awards in Judgment of Divorce Action

Hoffman v. Vitamin Shoppe Industries Inc.

Perpetual Royalty Agreement for Unpatented Vitamin Products Not Federally Pre-Empted

The People v. Barnes

No Discussion of Constitutional Rights Being Waived in Plea Allocution; Judgment Reversed

Matter of Thomas

Petition Sufficiently Stated Cause of Action For Constructive Trust for Two Properties

In re China North East Petroleum Holdings Ltd. Sec. Litigation

Securities Fraud Claims Dismissed on Basis Of Lead Plaintiff's Failure to Plead Scienter

Testament of Linder

Court Find Testator's Intent Can be Ascertained In Trustee's Petition for Construction of Trust

Matter of Diaz

Court Approves Music Publishing, Recording Contracts for Minor, Partially Seals Record

Allison v. Clos-Ette Too, L.L.C.

Firms' Operation as Single Entity Not Enough To Pierce Veil Absent Showing of Unfairness

Huang v. iTVmedia, Inc.

'Rocanova' Leads to Conclusion SAC Could Not Support Punitive Damages Award Under NY Law

The People v. Anthony

Prosecutors Met Requirements to Minimize Interception of Non-Pertinent Communications

The People v. Curry

Panel Modifies Judgment, Vacates Sentence As Only Board of Parole May Impose PRS

Siegel v. Bloomberg L.P

Service Desk Representatives Not Exempt From FLSA's Wage, Hour Requirements

Great Seneca Financial Corp. v. Ogunbowale

Conditions for Incoming Counsel Imposed Before Court Accepts Consent to Change Form

Hatemi v. M&T Bank Corp.

Refusal to Stay Proceedings Pending Interlocutory Appeal to Circuit Explained

USA v. Bank of America Account

Forfeiture Claimants Do Not Show Locus of Facts Supports Transfer to California's Central District

Liberty Affordable Housing, Inc. v. Maple Court Apartments

Panel Affirms Order Partly Granting Defendant Dismissal of Specific Performance Claim

Walker v. The Commissioner of the NYS Dept.

Complaint's Allegations Do Not State Cognizable RICO Claim; Eviction Is Matter of State Law

Matter of the Connolly v. Covanta Energy Corp.

Employee Did Not Sustain Occupational Disease; Board's Decision to Contrary Reversed

Steinman v. Morton International, Inc.

Issues Exist If NYLL §240(1) Protective Devices Applicable to Circumstances of Worker's Injuries

Sullivan v. Istoregreen, LLC

'Unemployed Attorney's' Complaint Provides No Basis for Federal Question Jurisdiction

Schnapp v. Miller's Launch, Inc.

Vessel Owner Not Liable for Surveyor's Injury From Obvious Condition; Dismissal Granted

PHH Mortgage Corp. v. Koch

Failure to Comply With Statutory Requirement Of RPAPL §1304 Denies Order of Reference

Sylver v. Forino

Failure to Address One of Plaintiff's Alleged Injuries Not Fatal to Dismissal Motion

Fischer v. Forrest

Use of Proprietary Text, Images to Sell 'Knock-Off' Product Infringed Copyright

Rigobert & Pierrette Chery v. Santiago

Premises Deemed Illegal From Inception Of Tenancy; Nonpayment Action Cannot Stand

Mau v. Schusler

Divided Panel Grants Defendants Dismissal On First Three Causes of Action

Bank of New York as Trustee Under the Pooling and Servicing Agreement Series 1999-F v. Odzer

Injunction to Enjoin Plaintiff From Proceeding With Sale on 12 Year Old Judgment Denied

USA v. Viera

Sting Operation Not Outrageous Government Conduct Warranting Indictment's Dismissal

Rich Products Corp. v. Bluemke

No Evidence Confidentiality Agreement Was Actually Breached; Lawsuit Dismissed

Matter of the 310 East 46 LLC v. N.Y. State Division of Housing

DHCR's Denial of MCI Increase Had Rational Basis; Owner's Petition Denied, Dismissed

Rossrock Fund II LP v. Toledo

Motion to File Notice of Sale More Than Year After Entry of Foreclosure Judgment Granted

USA v. Lazare

Account's Funds Denied Forfeiture Pending Resolution of Any Prospective Stay Motions

Matter of Kohl's Illinois Inc. v. Board of Assessors of the Town of Clifton Park

Record Supported Supreme Court's Rejection Of Petitioner's Challenge to Tax Assessments

Georges v. United Nations

United Nations, Officials Immune From Suit Arising From 2010 Cholera Epidemic in Haiti

Transworld Trading, Ltd. v. Nathan

Corporation Dissolved by Proclamation Lacks Capacity to Maintain Legal Malpractice Suit

Matter of James A., [Index Number Redacted by Court]

Court Denies Own Motion to Disqualify Attorney for Children in Neglect Petition

Wall Street Systems Sweden AB v. Hertz Global Holdings, Inc.

Agreement Was Properly Terminated Months Before Invoice Underlying Breach Action

Matter of Park v. DiNapoli

Denial of Performance of Duty Disability Retirement Benefits Under §607-d Annulled

Goldring v. Det. Jason Zumo

Dismissal of §1983 Due Process Violation Claim Asserting Malicious Abuse of Process Explained

Hallmark v. Cohen & Slamowitz

Random Sampling to Seek, Produce Records In Debt Collection Class Action Is Directed

Matter of Patricia H.

Guardian Guilty of Civil, Criminal Contempt For Willful Disobedience of Court Orders

Perez v. Sandals Resorts International, Ltd.

Motion to Re-Name Defendants Granted; Defendants on Actual Notice of Accident, Suit

Coggins v. Police Officer Craig Buonora

'Rehberg' Provides Officer Immunity From §1983 Claim Based on Perjurious Grand Jury Testimony

Matter of Garvey v. Board of Education of the City School District of the City of New York

Board's Upholding of Retired Teacher's U-Rating Found Arbitrary, Annulled

T. J. S. v. D. B.-S., [Index Number Redacted by Court]

Summons With Notice Not Pleading Under CPLR 3011, Leave to Amend Denied