This Week's Summaries

USA v. BNP Paribas S.A.

Third Party Lacks Standing to Enforce $63M Judgment Against Cuba Through Escrowed Funds

Deutsche Bank National Trust Co. as Trustee Under Pooling and Servicing v. Husband

Bank Negotiated in Bad Faith; Barred From Collecting Interest Above 2% HAMP Floor

Tello v. Dylag

Parties Joint Venturers, No Landlord- Tenant Relationship Existed; Final Judgment Reversed

Bpark, LLC. v. Durena

Landlord Establishes Tenants Did Not Primarily Reside in Premises, Engaged in Profiteering

Casablanca v. The New York Times Co.

NY Times Granted Dismissal as Worker Fails To Establish Disability Discrimination Claims

McCall v. Capra

§2254 Habeas Relief Denied; 911 Call Was Not Testimonial, Trial Counsel Was Not Ineffective

The People v. Myrie

Items Sought to Be Suppressed Found Not Subject to Suppression, Motion Denied

Utica Mutual Ins. Co. v. American Re-Ins. Co.

'Voluntary-Involuntary' Rule, Fraudulent Misjoinder Noted in Remand to State Court

Islam v. Philips

Alien's Continued DHS Detention Pending Removal Denied 28 USC §2241 Habeas Relief

Levy v. Young Adult Institute, Inc.

Nonprofit's Fiduciary Duty Breach, Faithless Servant Counterclaims Survive in ERISA Suit

Westbury Properties v. Produce Distributors, Inc.

Mortgage of Record Cancelled as Limitation Period to Commence Foreclosure Suit Expired

Onewest Bank, N.A. v. Shepherd

Bank Entitled to Property's Foreclosure, Sale; 'Reasonable' Legal Fees Cannot Be Determined

Achieve It Solutions, Inc. v. Lewis

Judgment Awarded to Plaintiff Against Two Defendants Based on Joint, Several Liability

USA v. Sellers

Drug Conviction Replaced by Youthful Offender Adjudication Not Predicate Conviction Under ACCA

Doroz v. Tect Utica Corp.

Worker Fired for Insubordination Loses Claim of National Origin Discrimination

Hernandez v. International Shoppes, LLC

Employer Granted Judgment on ADA Claim; 'Disability' Was Hidden During Job Interview

New York City v. The Asso. of Wall-Ceiling & Carpentry Industries of New York, Inc.

Arbitral Award Violates Collective Bargaining Agreement, Court's Order Approving Compact

Matter of Application of Patrolmen's Benevolent Assoc. of the City of N.Y., Inc. v. The N.Y. City Office of Collective Bargaining

BCB Decision Had Rational Basis, Entitled To Be Upheld; Dismissal of Two Suits Granted

Matter of Prater

Adult Children Not Barred From Recovery, Awarded 10% of Wrongful Death Proceeds

The People v. Hargrove

Harassment Counts in Accusatory Instrument Found Legally Insufficient, Conviction Reversed

Leading Ins. Group Ins. Co., Ltd v. Argonaut Great Central Ins. Co.,

Insurer Granted Dismissal of Complaint Seeking Coverage For Underlying Injury Suit

McCutchen v. 3 Princesses and A P Trust

Plaintiff Ordered to Join Necessary Party; Plaintiff's Attorney Disqualified, Action Stayed


Court Deviates From Guidelines in Awarding Spousal Support, Declines Child Support Award

Matter of Blum

Court Declines Permission to File 'Exemplified, Certified' Copy of Decedent's Alleged Will

Will of Keene

Petitioner Fails to Show Alleged Will Duly Executed in Conformity With EPTL 3-2.1(a)

Lantheus Medical Imaging, Inc. v. Zurich American Ins. Co.

Corrosion Exclusion Bars Imager's Recovery For Business Loss After Reactor's Shutdown

People v. Hashim

Witness's Unavailability not Exceptional Circumstance to Toll Speedy Trial Clock

Fesher v. Bratton

Retired Officer Denied Annulment of Denial Of ADR; Disease Not WTC Qualifying Condition

USA v. Rivera

Court Explains Decision Admitting Videos In Prosecution of Drug Ring's Alleged Leaders

Morris v. The City of New York

False Arrest Claims Survive But Non-Arresting Police Officers Entitled to Qualified Immunity

Strougo v. Barclays

Bulk of Securities Fraud Claims Over Barclays' Liquidity Cross 'Dark Pool' Survive Dismissal

The People v. Moreno

Necessary Element of Resisting Arrest Charge Not Set Forth; Judgment of Conviction Reversed

Estate of Elberg

Petitioner Raises Questions of Fact In Turnover Proceeding Against Brother

Matter of Javaya R.

Non-Respondent, Non-Custodial Parent Entitled To Due Process, Intervention in Article 10 Suit

USA v. Jones

USSG §4B1.1 Sentence Enhancement Explained; Underlying Assault Deemed 'Crime of Violence'

Borsching v. Colvin

Law Judge's, Appeals Council's Errors Lead To Vacatur of Decision Woman Not Disabled

Doe v. Delta Airlines, Inc.

Officer's Allegations of Observing Impairment By Drugs Within PHL §3306 Insufficient

The People v. Flores,

Officers May Testify as to Observations, Raw Data of Breath Card, and Opinion of Results

The People v. Matozzo

Modestly Reduced Fees, Costs Awarded Airline's Counsel as Sanction for Disregard of Orders

Matter of Cox

Power of Attorney, Healthcare Proxy Revoked; Daughter Appointed Mother's Guardian

The People v. Scott

No Presumption Arose Defendant Knew, License Suspended; Conviction Reversed

Caliph Amilcar Bey Wilson El v. City of New York

Guilty Plea Established Existence of Probable Cause, Is Complete Defense to False Arrest Claim

Livecchi, Sr. v. The City of Geneva

Claim Preclusion Res Judicata Noted in Partial Dismissal of §1983 Claims Over Condemnation

Rizvi v. The Town of Wawarsing

Motel's Operator Fails to Plead Ordinance Regulating Occupancy Selectively Enforced

Estate of Loomis, Jr.

Co-Petitioners Denied Requested Construction Of Will as Specific Plan for Residuary Devised

H & H Chiropractic Services, P.C. v. Metropolitan Property and Casualty Ins. Co.

Impermissible Fee-Splitting Alone Not Violation Of Licensing Criteria, Insurer's Motion Denied

Matter of ELT Harriman, LLC v. Assessor of Town of Woodbury

RPTL 727(1)'s Moratorium on Tax Certiorari Actions Applies to Successor Property Owner

Spearman v. AMC Network Entertainment LLC

Website Visitor Not 'Subscriber' to Network's Services, Is Not 'Consumer' Under VPPA

In re 91st Street Crane Collapse Litigation v. Lomma

Court Declines to Pierce Corporate Veil, Grants Dismissal of Labor Law Claims

Armendariz v. Horowitz Law Group, LLC

Claim Law Firm's Misconduct Compelled Less Favorable Settlement Plausibly Stated

Newman v. 911 Alwyn Owners Corp.

Solicitation of Bids Did Not Constitute Valid, Binding Contract; Defendants Granted Dismissal

The People v. Mohammed

Prosecutors Granted Order to Collect Saliva Sample Despite DNA Being in State Database

Hicks v. Vane Line Bunkering, Inc.

Refusal to Set Aside Jury's Maintenance, Cure, Pain and Suffering Damages Award Affirmed

Hair Studio 27, Inc. v. DiCarlo

Judgment Against Principal Dismissed as No Evidence He Agreed to Be Personally Bound

Hoffman Bronx Realty, LLC. v. Holmes

Stipulation Entered Into Inadvisedly By Tenant Accommodating Landlord Vacated

Flat Rate Movers, Ltd. v. Flatrate Moving & Storage, Inc.

'Polaroid' Factors Favor Plaintiff in Infringement Case; Cybersquatting Claim Denied Judgment

PNL Phoenix, LLC v. Janton Industries Inc.

Legal Fees Plaintiffs Sought for Expenses Incurred in Two Separate Actions Reduced

Bank of America, N.A. v. O'Donnell

No Proof Note, Mortgage on Date Action Commenced Vested in Freddie Mac, Not BoA

Elliott v. Snorac LLC

Purported Racially Derogatory Conduct Not Enough for Hostile Work Environment

In re M/V MSC Flaminia

Court Lacks Jurisdiction Over German Chemical Firm in Action Over Shipboard Explosion, Fire

Federal National Mortgage Assoc. v. Islam

Foreclosure Action Dismissed as Defects From Original Complaint Not Corrected

Seward Park Housing Corp. v. Flowers on Essex, LLC

Tenant Denied Stay of This Action Pending Transfer, Consolidation of Supreme Court Suit

Jackson v. Bloomberg, L.P.

Order Allowing Employer to Meet With Class Member's Outside Counsel's Presence Overruled

Atlantic Avenue Group LLC v. Nabeel

Individual Respondents Were Required to Get Permission To Assign Rights to Corporation

Porco v. Lifetime Entertainment Services, LLC

Inmate Fails to State Cause of Action For Violations of Civil Rights Law §§50, 51

USA v. Roy

Conspiracy Conviction Under 18 USC §1349 Does Not Require Proof of an Overt Act

Matter of Marrelli

Application for Extension to File for Jury Demand in Probate, Turnover Actions Denied

Rivera v. Rochester Genesee Regional Transportation Authority

Transit Body Lacked Notice Worker Complained Of Discrimination, Sought to Address Concerns

Michael v. Bloomberg L.P.

FLSA Collective Action Conditionally Certified; Notice Similar to Those Previously Approved

Matter of Breslin Realty Development Corp. v. Stanley

Hearing Ordered to Determine Which Deposits Were 'Additions' Subject to Turnover to Creditor

Karpio v. Bernzomatic Corp.

Court Explains 2010 Personal Injury Suit's Dimissal for Failure to Prosecute

Renato Pistolesi, Alltow, Inc. v. Calabrese

Requirement 4 of Village's Tow List Federally Pre-Empted; Enforcement Permanently Enjoined

Matter of Sheridan Garage Corp. v. New York State Department of Motor Vehicles

Court Annuls DMV's Determination, Civil Penalties Against Corporate Plaintiff, Owner

Rosenblatt v. HSBC Bank USA

Creditor Not Damaged by Bank's Erroneous Response to Information Subpoena

Martin v. Harrington

Failure to Prosecute Action for Over Three Years Shows Ratification of Settlement Letter

Matter of Alan M. Parente, Esq.

Court Permits Counsel Fees to Private, Court- Appointed Counsel Under Exception to MHL

Bohn v. McCumiskey

Plaintiffs' Failure to Show Decedent Suffered From Dementia Grants Complaint's Dismissal

Matter of M.M.B. v. C.B.

New York Found to Be Child's Home State, Not Inconvenient Forum; Dismissal Denied

Matter of Shina R.

ACS Proves Child Neglected by Mother's Failure to Have Adequate Housing, Income

Kandel v. Marino

Dog Owner Fails to Show 'Qualitative Insufficiency' of Consent to Procedures

Estate of MacGuigan

Decedent's Sister's Objections Failed To Raise Triable Issues of Fact, Dismissed

Duka v. U.S. Sec. and Exchange Commission

SEC ALJs' Tenure Protections Do Not Violate President's Article II Executive Responsibilities

Benjamin v. The Fosdick Machine Tool Co.

Expert's Opinion Drill Press Was Defectively Designed Because It Lacked Guard Excluded

Lyman Commerce Solutions, Inc. v. Lung

Payments Rendering Contract Breach Judgment Unsatisfied Deemed Fraudulent Transfers

Kuzma v. Central Intelligence Agency

CIA Granted Summary Judgment in Challenge To Its Response to Protester's FOIA Request

Aronov v. Mersini

Dismissal of RICO Claims Over Misappropriation Of Pharmacy's Customer Database Explained