This Week's Summaries

Sione B. v. Doug B.

Stipulation Clear, QDRO Accurately Reflects Its Terms of SAG Pension Distributions to Wife

First Niagara Bank N.A. v. Mortgage Builder Software, Inc.

Parties Granted Partial Summary Judgment; Each Claimed Compact Properly Terminated

In re Tiemann Place Realty, LLC v. 55 Tiemann Owners Corp.

Apartment's Assignee Bound By Stipulation, Lease Terms Limiting Board Membership

Scienton Technologies, Inc. v. Computer Assoc. International, Inc.

Verdict for Canadian Firm Over Idea's 'Theft' Set Aside Due to Lack of Article III Standing

Francisco v. Abengoa, S.A.

Actions Consolidated, Lead Plaintiff Appointed In Fraud Case Against Clean Technology Firm

International Information Systems Security Certification Consortium, Inc. v. Security University, LLC

Vacatur of Judgment on Infringement, Other Claims Over Certification Mark's Use Explained

Villongco v. Tompkins Square Bagels

Employer Granted Dismissal of Personal Injury Suit, Not Liable for Negligent Hiring

Matter of Robert V. v. The State of N.Y.

Confined Sex Offender Denied Petition To Access, Review Records in MHLS' Possession

The People v. Rodas

Simple Traffic Informations Dismissed Without Prejudice to Re-Filing Long-Form Informations

The People v. Rondon

Water Taxi Ride a 'Service' Not Entertainment, Charges for Peddling Without License Upheld

The People v. Mitchell

Issuance of Search Warrant Based on Probable Cause; Motion to Controvert Warrant Denied

Will of Mark

Objectants Denied Stay of Discovery, Directed to Produce Responsive Documents

Will of Chiavelli

Court Rules 2008 Will Executed in St. Maarten Revokes 2006 Will Executed in New York

Matter of Bertin E., Jr. v. Janis G.

Court Declines to Credit Father's Testimony, Denies Objections to Amended Dismissal Order

Matter of Fernandez v. The N.Y. City Police Dept.

Court Declines to Order Police to Expend More Hours on Likely Fruitless Search for Records

Matter of Kareema H.

Foster Care Terminated, Maternal Aunt Granted Sole Legal, Physical Custody of Child

The People v. Perez

First Degree Attempted Murder Legally Cognizable Crime, Dismissal Denied

Niagara Restitution Services, Inc. v. Degen

Venue in Western District Proper But Breach Claim Vague, Lacks Necessary Information

Lifeguard Licensing Corp. v. Kozak

No Discovery as to 'Anticipated' Defenses; Motion to Compel Disclosures Partly Granted

Micillo v. Liddle & Robinson LLP

Responsive Files Not Shown Protected by Law Enforcement Privilege, Must Be Disclosed

904 Tower Apartment LLC v. The Mark Hotel LLC

Summary Judgment Motions Denied in Action To Recover Deposits for Luxury Apartments

Haber v. USA

IRS Summons to Aid Assessment's Collection Not Quashed; Sovereign Immunity Not Waived

Feelings v. O.B.C.C. Warden Kenneth Stukes

Inmate's Claim Over Retaliatory Segregation Not Dismissed; Nonexhaustion May Be Excused

Snow v. Colvin

ALJ's 'Step-Five' Findings Not Supported; Decision Reversed, Case Remanded

Komatsu v. NTT Data, Inc.

Court's Jurisdiction Over SOX Retaliation Claim Lacking; Wages Action Dismissed

Catsiapis v. Giano

E-Mails May Constitute Enforceable Contract If Communications Evince Clear Intent

DME Construction Assoc., Inc. v. USA

Miller Act Does Not Waive Immunity in Action By Contractor to Recover Overpayment Offset

Zap v. Federal Home Loan Mortgage Corp.

Bulk of Former Homeowner's Claims Arising From Foreclosure Time-Barred, Dismissed

Rivera v. Cumulus Media, Inc.

Defendants Granted Dismissal of Promissory Estoppel, Anticipatory Contract Breach Claims

Moses Ludington Nursing Home Inc. v. Schreiner

Issues if Access to Funds to Pay for Mother's Nursing Home Exist, Bar Summary Judgment

Caton v. Unique Stair Builder, Inc.

New Contract Unambiguously Incorporated Into Signed Delivery Receipt, Enforceable

Matter of Thomson v. Zillow, Inc.

'Apex Witnesses' Not Exempt From Depositions, But From Giving Testimony; Motion Denied

Hossain v. Hossain

Defendant Expressly Consented to Jurisdiction Of Court in Stipulation in Partition Action

US Bank Trust, NA. v. Romano

Failure to Show Reasonable Excuse, Meritorious Defense Denies Dismissal of Foreclosure Suit

Shaw v. Launch Development, LLC

Defendants Fined, Found in Civil Contempt For Violating Preliminary Injunction

UHAB HDFC v. Sylvester

No Landlord Tenant Relationship; Dismissal Of Nonpayment Eviction Proceeding Granted

N.Y. City Construction, Inc. v. Morgenstern Bros. Realty Inc.

Landlord's Assertions Found Speculative, Grants Tenant 'Yellowstone' Injunction

Friedberg v. Pena

Failure to Serve Amended Complaint Requires Vacatur of Judgment of Foreclosure and Sale

Warren v. Trocchio

Judgment in Rights Challenge to Commitments Under 2005 Sexual Predator Initiative Affirmed

Elliott v. City of Hartford

Pro Se Appellant's Appeal From Order Closing Case Constitutes Appeal From All Prior Orders

Poole v. N.Y. University

Special Employee Barred by WCL From Suing NYU For Injuries Sustained on The Job

AGCS Marine Ins. Co. v. World Fuel Services, Inc.

Stolen Fuel Cargo Was Lost While 'In Transit,' Was Covered Under Policy's 'All-Risk' Clause

City of Perry v. Procter & Gamble Co.

Bulk of City's Claims Over 'Flushable' Wipes Dismissed; DJA Claim Duplicates Others

USA v. Epps

New Trial, Acquittal Denied; No Injustice By Admission of Evidence of Other Guns

People v. Vaughn

Correction Officer Not Entitled to Use Immunity For False Statements, Denied Suppression

Matter of Lederman v. King

Teacher's Petition to Set Aside, Vacate Growth Score, 'Ineffective' Rating Granted

Aquila v. Rubio

Defendants Fail to Establish Usury, Plaintiff Granted Enforcement of Settlement

Lasecki v. Murnyack

Court Will Not Permit Testimony Concerning Certification of Operators of Tractor Mower

Henderson-Jones v. City of N.Y.

Officer's 'Unreasonable' Lateness Denies Motion to Vacate Default Judgment on Liability

Mora v. Altheim Sunog Realty

Tenant Not Responsible for Sidewalk Repairs, Granted Dismissal of Personal Injury Claim

Wertman v. Annucci

Parolee Denied Habeas Relief From Bench Trial's Conviction for Strangling Girlfriend

Congel v. Malfitano

§69(2)(c) 'Minority Discount' May Be Applied In Deciding Value of Partner's Interest in Mall

Apotex Inc. v. Acorda Therapeutics, Inc.

Dismissal of Drug Maker's Sherman Act §2 Claim Against Its Rival Is Affirmed as Sound

Monroe v. The GEO Group, Inc.

Lawyer Sanctioned $500 for Failure to Probe Delays in HIPAA Forms' Receipt by Defendants

Law Offices of Oliver Zhou v. Citibank N.A.

Law Firm Targeted in Counterfeit Check Scheme Sought to Shift Risk of Loss to Collecting Bank

Accounting by Smith

Attorney Fails to Introduce 'Fresh Money' Into Estate, Denied Legal Fees From Trust Assets

Matter of Shilian v. All Sons Electric Corp.

Contractor Shows Good Cause to Allow Court To Extend Mechanics' Lien Nunc Pro Tunc

The People v. Vargas

Supporting Deposition Failed to Convert Charges Dismissing Complaint, Charges

The People v. Woods

GORA Not Pre-Empted by Executive Law, Dismissal of AC §10-603(d)(i) Charge Denied

The People v. Duran

Court Finds Officers' Testimony Unbelievable, Grants Defendant's Motion to Suppress

The People v. Atkins

Motion to Withdraw Guilty Plea Properly Denied; Criminal Contempt Conviction Affirmed

United States ex rel. Polansky v. Pfizer

Dismissal of FCA Suit Claiming Pfizer Induced Lipitor's 'Off-Label' Use Affirmed

In Re Weight Watchers International, Inc.

Allegedly Misleading Statements Were Of Opinion Only; Fraud Suit Dismissed

USA v. Palaguachi

Statutory Rape is 'Crime of Violence' as Applied To Sentencing Guidelines for Illegal Re-Entry

Motorola Solutions, Inc. v. Xerox Business Services, LLC

'Good Cause' to Amend Court's Order Setting Pleadings Amendment Deadline Not Shown

Monadnock Construction, Inc. v. Westchester Fire Ins. Co.

Standard Interpretation Rules Apply Where Contractually Shorter Limit Period at Issue

Bausch & Lomb Incorporated v. Mimetogen Pharmaceuticals, Inc.

Partial Dismissal of Breach Suit Over 'Dry Eye' Treatment's Commercialization Is Explained

Wells Fargo Bank v. Bivona & Cohen, P.C.

Loans' Guarantor Must Pay Bank $1.53 Million Plus Prejudgment Interest at $109.95 Daily

Meyer v. Kalanick

Right to Proceed Agianst Uber CEO via Class Action Not Waived Under User Agreement

SymQuest Group, Inc. v. Canon U.S.A., Inc.

Canon Exercised Legitimate Contract Rights When Terminating 1999 Dealer Agreement

The People v. Bankupally

Conviction on Aggravated DWI, Dismissal Of DWI Charge Not Legally Repugnant Verdict

Mason v. Antioch University

Court Lacks Jurisdiction Over Ohio University Having Seattle Campus; Bias Suit Dismissed

The People v. Sprint Communications, Inc

Dismissal of AG's Complaint to Recover Tax Revenue on Sprint's Pre-2006 Conduct Denied

The People v. Hutchinson

Defendant Denied Dismissal of Information On Charges Withdrawn From Grand Jury

The People v. Portier

Defendant Denied Suppression of Witness' Statement Regarding Defendant's Identity

Estate of Costello

Administrator Ordered to Determine Value, Sell Decedent's Shares of Corporation to Brother

R. I. v. T. I.

Wife Awarded Maintenance, Child Support; Husband Estopped From Seeking DNA Test