This Week's Summaries

The People v. United Lubavitcher Yeshivoth

Prosecutors Denied Vacatur of Criminal Court Order Granting Substitution

Matter of Raquan W.

Interrogation Room Substantially Complied Suppression of Statement found Unnecessary

Matter of Jack B.

Final Commissions Award Balanced Interests Of Incapacitated Person's Estate, Beneficiaries

The People v. Ortiz

Vacatur, Setting Aside Judgments for Failing To Adjudicate Youthful Offender Status Denied

The People v. Felix

Motion to Preclude Child Sexual Abuse Syndrome Testimony or 'Frye' Hearing Denied

Matter of Madani T. (Lakrecia C.)

Court's Signing of ACS's Timely OSC to Extend Period of Supervision Tolled ACD Time Period

The People v. Villanueva

Delivery Cyclist Threatened With Immediate Use of Physical Force; Robbery Conviction Upheld

Coutard v. Municipal Credit Union

Employer Was Obligated to Specify Additional Information Needed for FMLA Leave Decision

Delfonce v. Eltman Law, P.C.

Debt Collector's Letter Not 'Judgment,' Start Of Litigation, Did Not Violate FDCPA

Chaparro v. Kowalchyn

Malpractice Claim Survives; Second Attorney Potentially Jointly Liable With Defendant

Obsession Sports Bar & Grill, Inc. v. The City of Rochester

City Did Not Act Arbitrarily in Enacting Zoning Regulation Impairing Bar's Liquor License

Z.T. v. Long Island College Hospital

Reargument Granted, Upon Reconsideration Prior Order on LICH Claims, Legal Fees Vacated

Thyssenkrupp Materials NA, Inc. v. M/V Kacey

COGSA Suits Against Ship, Owner, Manager Dismissed on Forum Non Coveniens Grounds

Scanomat A/S v. Boies, Schiller & Flexner LLP

Danish Company Granted Stay of Arbitration Regarding Legal Fee Dispute With US Law Firm

Rubertone v. MMR Digital LLC

Court Declines to Read Two Agreements Together, Grants Motion to Stay Arbitration

Walton Avenue Realty Associates LLC v. Soriano

Affidavit of Merit Contained False Statements; Judgment, Eviction Vacated, Tenancy Restored

Sara Designs, Inc. v. A Classic Time Watch Co. Inc.

Copyright, Trade Dress Infringement Claims Over Watches Fail; Valid Registration Not Shown

USA v. Overton

Court Explains Denial of Sex Trafficking Defendant's Motions Seeking Disclosures

Eastern Savings Bank, FSB v. Strez

Bank Granted Foreclosure Judgement's Vacatur, Restoration of Pre-Default Relationship

USA v. Zodhiates

Evidence Strength Noted in Denial of Acquittal Judgment, New Trial to IPKCA's Violator

Amerimax Capital, LLC v. Ender

Defendant Entitled to Dismissal of Contract Breach Claim as Not Signatory to Agreement

Horrigan Development LLC v. Drozd

Buyer Breaches Contract by Failing to Cancel It Or Take Property Subject to Title Defects

Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

Court Improperly Dismissed Claim Drug Maker's Fax Inviting Doctors to Dinner Violated TCPA

Deutsche Bank National Trust Co. v. Gerstein

Court Finds Plaintiff's Conduct Reached Level of Bad Faith, Tolls Interest, Late Fees

Tavarez v. Levenson

Failure to Disclose Injury Claim In Chapter 13 Bankruptcy Did Not Deprive Capacity to Sue

Scantibodies Laboratory, Inc. v. Church & Dwight Co., Inc.

Defendant's Objection to Report 'Overreaching', Bid at Windfall From Curable Discovery Failures

Nguyen v. Maxpoint Interactive, Inc.

Information Omitted From IPO Registration Statement Cannot Form Basis for §11 Liability

Soueidan v. Breeze-Eastern Corp.

Firm's Opinion Statements Did Not Render SEC Schedule 14D-9 Statements Misleading

Matter of CDM Smith v. Mutual Redevelopment Houses, Inc.

Lawyer's Prior Role as Mediator Disqualifies His Law Firm From Representing Respondent

Marines v. Delta Air Lines, Inc.

Dismissal of Worker's Labor Law §§240(1), 241(6) Claims Denied as Fact Issues Remain

Kupferstein v. The TJX Co., Inc.

GBL §349 Suit Dismissed; State's Tax Law Provides Exclusive Remedy for Refund

Jit v. Johnson

Holdover Proceeding Against Sister Dismissed; Court Lacks Jurisdiction in Family Matters

Perez v. Cell Phone Zone, Inc.

Tenants Fail to Establish Excusable Default; Motion for Restoration of Possession Denied

Rogers v. Overton, Russell, Doerr & Donovan, LLP

Debt Collector Lacks Duty to Communicate Dispute Arising After Report to Credit Agency

The People v. Barkley

Judgment of Conviction for Criminal Possession of Marijuana, Weapon Reversed

Matter of K.E.O.

Mother Granted Petition to Change Infant's Surname as In Child's Best Interests


Inmate's Oath in Divorce Matter Administered By Penal Institution Clerk Proper, Acceptable

Passino v. Social Security Administration

Remedies Not Exhausted, Subject Jurisdiction Lacking in Suit Against SSA Over FOIA Response

Gambles v. Sterling Infosystems, Inc.

FCRA Privacy Rights Suit Over Background Report's False Information Not Dismissed

J.A.P. v. A.J.P.

Wife Denied Dismissal of 2011 Divorce Action As CPLR 306-b Defense Rests With Husband

Doe v. Ejercito De Liberacion Nacional

Blocked Accounts' Assets Not Attachable Under TRIA §201; Turn-Over Order Denied

Axiom Investment Advisors, LLC v. Deutsche Bank AG

Breach Suit Over Bank's 'Last Look' Delay in Matching FX Trade Orders Partly Dismissed

The People v. Jones

Officer's Initial Approach Justified, But Probable Cause to Arrest Lacking; Charges Dismissed

Davidkin v. Rizzuto

Injury Claim Accruing After Filing Bankruptcy Petition Property of Debtor, Not Estate

Agurto v. Zadeff

Prior Order Denying Dismissal of Complaint For Lack of Proper Service Law of The Case

New York Packaging II, LLC v. Saneck International

Trade Secret Theft Action Dismissed in Favor Of Pending Ohio Suit Under 'First-Filed' Rule

Shildkret v. Swimming Pools by Jack Anthony, Inc.

Fact Issues on Pool's Post-Construction Problems Bars Summary Judgment on Liability

The People v. Kahl

Convictions for Sexual Abuse, Forcible Touching Not Against Weight of Evidence, Affirmed

In Re Actos End-Payor Antitrust Litigation

Drug Maker's Delayed Market Entry Alleged But Action's Dismissal Otherwise Affirmed

Drabek v. Elsevier, Inc.

All But $3,000 of Damages Fail as Matter Of Law; Jurisdictional Threshold Not Met

Dallo v. Team White Bldg. Servs., Ltd.

Fact Issues if TWBS Entirely Displaced Other Defendants' Duties Bars Summary Judgment

Taylor v. Park Ave. & 84th St., Inc.

Subcontractor Granted Dismissal of Claims Against it For Damages Resulting From Leak

Center For Bio-Ethical Reform, Inc. v. Black

§1983 Free Speech, Equal Protection Claims Stated in Suit Over Block of Anti-Abortion Murals

Rodriguez v. Sachem Cent. Sch. Dist.

School District Shows Infant's Injury Not Proximately Caused by Its Negligence

Todie v. Buffalo Half-Way House, Inc.

Half-Way House Resident's §1983, 'Bivens' Claims Time-Barred; House Not State Actor

Choi v. Tower Research Capital LLC

Korean Futures Contract Price Manipulation Suit Dismissed; Platform Not American Exchange

DeLorme v. Markwitz

Additional Discovery Granted But Plaintiff's Counsel Must Pay Defense's Deposition Fees

Estate of Yoon

No Evidence of Intent to Form Partnership, Turnover of Game to Estate Granted

Simoni v. Fifth on the Park Condo, LLC

Buyer's Motion to Strike Answer Unwarranted; Cross-Motion For Protective Order Granted

Hosokawa v. Screen Actors Guild-American

Union Fair Representation Claim Time-Barred; Union Took No Action Against Membership

McDonald v. County of Warren

Court Modifies Advisory Jury's Past, Future Pain Suffering Awards, Grants Medical Expenses

1270 Morris LLC v. Caballero

Landlord Fails to Comply With CPLR 3213, Counsel Settles Action That Did Not Exist

Eilenberg v. City of NY

Terminated Counselor Fails to Establish Basis to Vacate Matter for Lesser Penalty

Accadia Site Contracting, Inc. v. Northwest Savings Bank

Issues Exist if Firm Received, on Notice of DAAD Absolving Bank of Liability in Forgery Action

ACR Systems, Inc. v. Woori Bank

Claim Letter of Credit Wrongly Dishonored Survives but Fraud, Conspiracy Claims Do Not

DeLisi v. The Law Offices of Capetola

Motion for De Novo Review of Arbitration Award to Law Firm Timely, Denial Vacated

Apex Employee Wellness Services, Inc. v. APS Healthcare Bethesda, Inc.

Denial of Rule 59(e), 60(b) Judgment Relief In Health Plan Firm's Breach Suit Explained

H.W. Hinkley Realty L.L.C. v. Romulus

Late Rent Payment Without Filing Continuous Cases Fails to Show Chronic Rent Nonpayment

Fountains-Clove Road Apartments, Inc. v. Gunther

Dismissal of Occupants' Wrongful Eviction, Conversion Counterclaims Vacated

Harris v. Board of Education of the City School District of the City of N.Y.

City DOE's Actions Against Teacher Not Taken Due to Her Age; §1983 Claims Time Barred

Alliance Housing II Associates v. George

Court Grants Tenant Partial Summary Judgment on Partial Payment Defense

Murray v. The Carsey-Werner Co.

Suit Over NBC's Use of Proposal as Idea for 'The Cosby Show' Dismissed as Res Judicata

Lin v. N.Y. State Dept. of Labor

Poor Performance Leads to Judgment for N.Y.'s Labor Agency in Title VII Retaliation Action

1168 Rockaway Ave. Corp. v. Singh

Jurisdiction Defense Rejected for Failing to Move To Set Aside Self-Executing Order Default

Truong v. 10 Yue 2015, Inc.

Landlord Fails to Establish Retaining Tenant's Security Deposit Absent Excessive Wear, Tear

PPC Broadband, Inc. v. Corning Optical Communications RF, LLC

Reduced $90,741 Costs Award in Patent Infringement Damages Action Is Explained

21-25 Convent Avenue Realty, LLC v. Semper

Process Server's Resort to Conspicuous Place Service Restores Motion for Traverse Hearing

The People v. Desir

Photo Identifications by Witnesses Not Unduly Suggestive, Did Not Warrant Suppression

Gilmartin v. Colvin

Record, Medical Evidence Support Little Weight ALJ Gave to Treating Physician's Opinion

Rainey v. USA

Prior Convictions 'Crimes of Violence' Under 'Walker', 'Brown'; §2255 Sentence Relief Denied

Bridgemohan v. Cornell Group, Inc.

Defendants Fail to Raise Fact Issue on Whether Worker's Actions Sole Cause of His Accident

Exeter Law Group LLP v. Immortalana Inc.

'Confidential' Designation on Documents Unsustainable; Declassification Ordered

The People v. Brown

No Facts Alleged to Support Inference Address Public Place, Marijuana Open to Public View

MPI Tech A/S v. International Business Machines Corp.

IBM Granted Judgment; Claims Time Barred Under Contractual Three-Year Limit Period

Collateral v. NYC

Pawnbroker Reporting Scheme Does Not Violate Constitution's Ban on Unreasonable Searches

The People v. Simmons

Indictment for Promoting Prison Contraband Against CO Denied for Insufficient Evidence

Maine v. Colvin

ALJ Must Develop Record, Reassess Severity Of Migraine Headaches, Reevaluate RFC

Gasque v. Thor Motor Coach

Buyer's Fraudulent Misrepresentation Claim Denied Dismissal, GBL §349 Claim Dismissed