This Week's Summaries

Arnone v. Aetna Life Ins. Co.

Insurer Granted Judgment to Recoup $40,125 in Overpaid LTD Benefits

Rad and D'Aprile Inc. v. Arnell Construction Corp.

Subcontractor's Breach of Contract Claim Based on Liquidating Agreement Is Timely

Quik Park West 57 LLC v. Bridgewater Operating

Management Agreement Is Revocable Where Managers Fail to Show Improvements Made

USA v. Forbes

Limit Period's End, 'Waiving' Fifth Amendment, Did Not Make Testimony 'Newly Discovered'

Mater of Paul T. v. South Huntington Union Free School District

Court Upholds Decision to Deny Disability Classification for Bullied Child With ADHD

Kormilitsyna v. Everest National Ins. Co

Issues of Fact Exist in Insurance Coverage Action as to Cause of Damages to Building

EV Scarsdale Corp. v. Engel & Voelkers North East LLC

Franchise License Agreement Defendants May Potentially Be Liable Under GBL §691(3)

Bugianishvili v. McConnell

LPR's Eight-Month Detention Absent Bond Unreasonably Long; Habeas Relief Granted

Sportco, Inc. v. TRT Tactical, LLC

Gun Maker Held in Contempt for Violating Consent Judgment in Patent Litigation

Donoghue v. Ghauri

Suit to Recover Short-Swing Profits Survives Bid to Dismiss on Jurisdiction, Claim Grounds

AP Services, LLP v. Lobell

Trustee's Complaint Supports Claims That Former Directors Breached Duty of Loyalty

Bouchard v. Hartunian

'Heck' Bars Suit's RICO, 'Bivens' Claims Collaterally Attacking Conviction, Sentence

E. M. v. M. M.

Hearing Ordered to Determine Facts Leading To Mutual Waiver of Maintenance Provision

Jevelekides v. Lincoln National Corp.

ERISA Preempts Claims in Action for Balance Between Original, Reduced Disability Benefits

Tailwind Management LP v. Akorn, Inc.

Accounting Arbitrator Must Decide Records Needed to Calculate Post-Closing Adjustments

Rickettes v. Police Officer Vincent Turton

Officers Accused of Excess Force in Subway Rider's Arrest Denied Judgment, Immunity

Matter of K.B. v. L.B.

New York Court Asserts Emergency Jurisdiction Over NC Resident in Family Offense Petition

Massie v. Metropolitan Museum of Art

Museum Security Guard Legitimately Fired For Cursing at Patrons; Bias Suit Dismissed

Estate of Attea

Existence of Contract Governing Disposition Irrelevant on Issue if Nun's Will Valid

Estate of Seiniger

Court Finds Ascertainable Limitations Period Has Not Run; Respondent Denied Dismissal

The People v. Bermudez

Parole Officer Lacked Justification for Search; Physical Evidence, Statements Suppressed

Matter of Wechsler

Fact Issues of Respondent's Undue Influence, Decedent's Capacity Bar Summary Judgment

Fogelman v. Detective Mark Donato

Police Had Probable Cause to Arrest Students For Assault on Mentally Disabled Schoolmate

Balaban-Krauss v. Executive Risk Indemnity, Inc.

Insurer Must Pay Plaintiffs' Expenses In Defending Underlying Lawsuits

USA v. Campbell

18 USC §1591 Is a Valid Exercise of Congress's Power Under Constitution's Commerce Clause

The People v. Negron

Discrepancy Between Complaint, Supporting Deposition Did Not Render Instrument Invalid

The People v. Fassberger

Officer's Conduct Without Credible Reason, Unlawful; Suppression Motion Granted

Gallimore v. Feliciano

§1983 Suit Against Probation Officer, Detective Over Robbery-Assault Case Partly Dismissed

Estate of Soltesz

Movant Denied Sealing Order of Confidential Settlement; Good Cause Not Demonstrated

The People v. Ramos

Prosecutors Fail to Connect Two Defendants Whose Cases They Sought to Join for Trial

The People v. Arroyo

Prima Facie Evidence Created Rebuttable Presumption; Dismissal of DWI Denied

Varon v. Country-Wide Ins. Co.

Motorist Fails to Show Court Misapprehended Facts, Controlling Law; Reargument Denied

Chaney v. Starbucks Corp.

Starbucks Lacked Duty to Patron Who Tripped Over Open, Notorious, Not Dangerous Charger

Zaccagnino v. Nissan North America, Inc.

Bulk of Claims Over Auto Maker's Failure To Correct Air Bag Defect Are Dismissed

The People v. Chan

Vacatur of Marijuana Charges for Ineffective Assistance of Counsel Under 'Padilla' Denied

USA v. Viera

Denial of Discovery, to Dismiss Indictment For Selective Prosecution, Is Explained

Merchant Cash & Capital, LLC v. Hwan Ko

Judgment Confirming, Enforcing Arbitral Award Against Body Shop's Owner Explained

Estate of Durso

Petitioner Granted Declaration Absentee Father Presumed Dead Three Years After Absence

Scott v. Proclaim America, Inc.

No Long-Arm Jurisdiction Over Texas-Based Supervisors in Bias Suit Over Termination

The People v. Smith

Instrument Alleging Inmate Promoting Prison Contraband Found Facially Sufficient

Matter of State Farm Mutual Ins. Automobile Co. v. Riley

Insurer's Petition not Supported by Allegations From Anyone With Personal Knowledge, Denied

The People v. Guichardo

No Legal Impediment to Convict Defendant Of Criminal Contempt Exists; Dismissal Denied

Matter of the Victor Larsen Irrevocable Trust

Irrevocable Trust Should be Reformed To Effectuate Testator's Actual Intent

Y.Y.B. v. Rachminov

Triable Issues Bar Dismissal of Circumcision Negligence Complaint Against Center, Rabbi

Matter of Cobb v. District Attorney, Kings County

Inmate's Article 78 Petition to Compel DA To Produce Certain FOIL Requests Untimely

Estate of Rubenstein v. Berkeley Cooperative Towers Sec. II Corp

Co-op Did Not Breach Contract by Refusing To Transfer Decedent's Shares to Brother

Axis Capital, Inc. v. Khan

Assignee Granted Summary Judgment In Lieu Of Complaint on Liability Issue, Not Damages

Rock v. Blaine

Claim That DOCCS, State Were Co-Employers Warrants Discovery; Dismissal Motion Denied

USA v. Canale

Tax Evasion Conspiracy Charge Within Limit Period; Dismissal, Transfer to Kentucky Denied

MB Advanced Equipment, Inc v. MVAIC.

Complaint Against MVAIC Dismissed; Assignor Fails to Meet Requirements of Qualified Person

Thompson v. The Jamaica Hospital Medical Center

Rule 37 Sanction Dismissing Damages Claims Too Drastic Despite Noncompliance With Order

Tonge v. Corizon Health Services, Inc.

§1983 Medical Indifference Claim Against City, Health Provider Inadequately Pleaded

Matter of Teich v. DMV Appeals Board

ALJ's, DMV Appeals Board's Decision Finding Driver Guilty of Violating VTL §1225-c Upheld

USA v. Melendez

Search Warrant Issued Under Probable Cause; 'Threats' Did Not Make Statements Involuntary

1461 Amsterdam Avenue LLC v. Carrasquillo

Court Awards Rent-Stabilized Tenant Additional Abatements for Rent-Impairing Conditions

Jeffers v. Bruce L. Stein Public Administrator of Kings Temporary Administrator of the Estate of Alice Parker Gordon

Tenant Fails to Make Required Showing Establishing Adverse Possession of Premises

7-Eleven, Inc. v. Minhas

Termination Agreement Is 'Settlement Offer' Inadmissible in Breach Suit Under Rule 408

Grant v. Colvin

Record Supports ALJ's Credibility Findings, Decision That SSI Claimant Not Disabled

Garcea v. Trapani

Joint Tenant Responsible for Reimbursements Of One-Third Share for Tax Bills, Maintenance

Hassan v. Velasquez

Panel Affirms Judgment, Finds Civil Court Properly Dismissed Complaint for Damages

USA v. Moreno

Government's 10-Month Delay Does Not Support Sixth Amendment Speedy Trial Violation Claim

M&E Christopher LLC v. Godfrey

Premises Subject to Rent Stabilization; Tenants Granted Dismissal of Holdover Suit

Pepper v. Commissioner of Social Sec.

Law Judge Properly Weighed Record, Any Error At 'Step 2' Harmless; Benefits' Denial Upheld

Haber v. USA

IRS Summons for Account Information 'In Aid of Collection', Denied Quash

Altshuler Shaham Provident Funds, Ltd. v. GML Tower LLC

Divided Panel Rules to Set Aside Judicial Sale; Plaintiff Not Subject to Subordination Penalty

Smith v. City of N.Y.

Penological Reason Exists for Strip Search After Contact Visit, Transport Outside Jail

The People v. Schultes

Veterinarian Does Not Have Stableman's Lien; Horses Forfeited to Custody of SCSPCA

Boyson v. Kwasowsky

Injured Motorcycle Passenger Continuously Occupied Bike, Not Entitled to No-Fault Benefits

The People v. Severino

Superseding Information Containing Hearsay A Superseding Complaint, Must be Dismissed

Byrnes v. Corrections Officer Jeffrey Angevine

Inmate Awarded $25,000 in Compensatory, Punitive Damages for Assault by Guard

Agerbrink v. Model Service LLC

No Private Right of Action Under GBL Article 11 But FLSA Claims Against Model Agency Proceed

Kris D. v. Keri D.

Court Finds Stipulation of Settlement Valid Despite Non-Compliance With DRL §236(B)(3)

Brim v. The City of New York, P.O.

City Denied Judgment in §1983 Suit by Woman Hurt in Dispute When Trespass Suspects Arrested

Matter of Gordon v. LaClair

Inmate Fails to State Claim Entitling Him To Release; Habeas Corpus Petition Denied

Matter of Yara A v. Timothy B

Family Offense Petition Dismissed as Filed Before Respondent Turned 16 Years of Age

Dukes Bridge LLC v. Sec. Life of Denver Ins. Co.

Bulk of Counterclaims Survive in Suit Over 'Stranger Originated Life Insurance' Scheme

Estate of Tran

GAL Granted Advance of Funds to Finance Discovery on Marital Status of Alleged Spouse

The People v. Vigueras

Court Declines Consolidation; Will Not Impinge On Defendant's Right to Fair Trial for Expediency

Sirico v. N.Y. Attorney General

Murderer Not So Intoxicated That He Lacked Intent; Intoxication Jury Charge Not Required

Karali v. Araujo

Court Lacks Jurisdiction to Decide if Fraud Exception Applies to Bankruptcy Discharge

Pinpoint Technologies LLC v. Santos

Motion to Renew For New Evidence Granted; Matter Set Down for Traverse Hearing

Coba v. Beltran

Failure to Include Authenticating Certificate Disregarded; Uncontested Divorce Granted

United Staffing Registry, Inc. v. Bacasmas

Amendment to Labor Law §198 Allowing Liquidated Damages Recovery Not Retroactive

Kneitel v. Palos

'Rooker-Feldman' Doctrine, Immunities Bar Challenge to Family Court Judgments

O'Grady v. Bluecrest Capital Management LLP

Employment Pact's Terms Bar Breach Claim Further Duplicated by Quasi-Contract Claims

Facchetti v. Bridgewater College

Jurisdiction Over Exchange Student's Claims Lacking, But Suit Is Transferred to Virginia

Vringo, Inc. v. ZTE Corp.

Compact's Confidentiality Provision Violated But Antitrust Action in China Not Enjoined