This Week's Summaries

Brundige v. Everbank

Submissions Showed Note's Location When Foreclosure, Bankruptcy Applications Filed

Hassan v. City of Ithaca

Defense Awarded $1,754.85 for Deposition Utilized in Summary Judgment Motion

The People v. Dudley

Possession With Intent to Use Unlawfully Against Another Element Insufficiently Pled

The People v. Menner

Right to Public Trial Not Absolute; Closing Courtroom Not Error, Judgment Affirmed

The People v. Segree

Prosecutors Fail to Show Officer's Unavailability Exceptional Circumstance

King v. Six Stars of New York, Inc.

Lawsuit Repeating State Case's Wages Claims Dismissed; NYLL Renders FLSA Superfluous


Nothing Suggests Children's Needs Not Being Met; Wife Denied Child Support Application

The People v. Smith

Court Did Not Overlook Facts in Prior Decision Denying Motion to Dismiss; Reargument Denied

Ramos v. R. Cunningham

Habeas Relief Denied as Time-Barred; To Be Timely Petition Had To Be Filed by April 24, 1997

Columbia Casualty Co. v. Neighborhood Risk Management Corp.

'Buy Out' Provision Requires Posted Reserves Pay Outstanding Claims, Not Be Returned

The People v. Baldea

Pre-Indictment, Pre-Readiness Delay Caused By Co-Defendant's Waiver Chargeable to DA

Brooks v. Hogan

Dismissal of Sex Offender's Confinement Conditions Claims Granted Reconsideration

Roberts v. Los Alamos National Security, LLC

Report Intended to Rebut Three Experts Violated Order Permitting Two Rebuttals

DNA Model Mgt., LLC v Next Mgt. LLC

One Modeling Agency's Tortious Interference Of Contract Claim Against Another Denied

Albino v. Global Equipment USA, Ltd.

Long-Arm Jurisdiction Over Machine's Broker Shown in Post-Injury Products Liability Suit

Dougherty v. E.B.D. Assoc.

Landlord Denied Dismissal, or Stay Of Ex-Tenant's Rent Overcharge Proceeding

Rossi v. Kadi

Plaintiff Raised Triable Issues if He Sustained Serious Injury Resulting From Car Accident

The Jefferson Apartments, Inc. v. Mauceri

Fact Questions Arise if Statute of Limitations Tolled by Continuous Representation Doctrine

Manning v. Pioneer Savings Bank

Plaintiffs' Suit Against Bank as Putative Class Representatives Dismissed for Lack of Standing

Doscher v. Meyer

Slander Suit Found Frivolous, Meritless; Sanctions Awarded Against Plaintiff, Attorney

USA v. Aim Steel International, Inc.

Miller Act Notice Requirements Not Satisfied; Communications Inadequate or Untimely

Cornelius v. Cuomo

Jury Properly Instructed on Physical Injury Aggravating Element for 2d Degree Burglary

USA v. Salix Pharmaceuticals, Ltd.

Law Firms May Intervene in Action to Protect Their Interests in Statutory, Contingency Fees

Brooks Family Holdings LLC v. Morrison

Court Rules Landlord Responsible to Provide Heat to Premises in Subject Nonpayment Suit

Pena v. Lockenwitz

Landlord's Unlawful Retaliatory Conduct Altered Tenant's Obligation to Pay Rent

Georges v. United Nations

United Nations' Fulfillment of CPIUN §29 Not Condition Precedent for §2 Immunity

475 Ocean Avenue Partners LLC v. Enwereuzonh

Landlord Fails to Show Landlord/Tenant Relationship to Be Basis for Nonpayment Suit

Wick Holding Corp. v. Montes

Tenant Granted Partial Summary Judgment Dismissing Claim for Possessory Judgment

James Leonard 6, Inc. v. Six & Cornelia Associates

Tenant's Security Deposit Claim Dismissed; Landlord Entitled to Re-Letting Damages

Lomonoco v. Saint Anne Institute

Retaliation Claim Only Partly Dismissed As Time-Barred Under N.Y. Labor Law §740

1802 Associates L.P. v. Arias

Court Finds Notice of Termination Insufficient, Cannot be Amended; Holdover Suit Dismissed

Brewer v. Herald

Newspapers Fairly Reported Press Release, Are Shielded by N.Y. Civil Rights Law §74

Walker v. Commissioner Ponte

Pretrial Detainee's Cruel, Unusual Punishment Claims Over X-Ray Screening Not Dismissed

Hangzhou Kailai Neckwear Apparel Co. Ltd. v. NCP Direct Sourcing, Inc.

Wife Not Added to Alter-Ego Veil Pierce Claims; Use of Firm Control to Commit Fraud Not Alleged

The People v. Mosley

Facts Alleged Fail To Provide Reasonable Cause To Believe Defendant Committed Petit Larceny

Fernandez v. Windmill Distrib. Co.

Court Explains Denial of Reconsideration Of Prior Order Only Partly Dismissing Suit

Fleury v. USA

Bid for Resentencing Under 'Johnson' Stayed Pending Supreme Court Decision in 'Beckles'

Matter of Sabino v. LaClair

Inmate's Claims of Remaining Time Owed, Ineffective Assistance of Counsel Meritless

Wynkoop v. County of Nassau

Highway Law §139(2) Inapplicable to Impose Liability on County in Personal Injury Suit

The People v. C.C.

Banging on Car Window, Threatening Occupant Exceeds Limits of First Amendment Freedom

Estate of Christopher

Court Finds Allegations Did Not Mandate Disqualification Under Advocate-Witness Rule

Meszaros v. USA

Trial Counsels' Ineffectiveness Rejected In Denial of §2255 Motion to Vacate Sentence

Securities and Exchange Commission v. Norstra Energy Inc.

Stock Promotion's 'Spokesperson' Loses Claim Under 'Janus' He Did Not 'Make' Misstatements

The People v. Oliva

Evidence Sufficient to Support Conviction Of Lesser-Included Offense of DWAI

Riverkeeper, Inc. v. Brooklyn Ready Mix Concrete, LLC

Newtown Creek Dumping Violated Consent Decree; Riverkeeper Awarded Penalty, Fees

USA v. Jones

Defendant 'Stopped' When Told to Show Hands; Suppression Should Be Granted

The People v. McLaughlin

Information Charging Imitation Controlled Substance Facially Insufficient, Dismissed

Matter of Corn

Co-Executors Granted Summary Judgment Dismissing Most Objections by Respondent

The People v. Daghmoumi

Tickets for Entertainment Services Do Not Require General Vending License

The People v. Wrenn

DWI Conviction Supported by Legally Sufficient Evidence; Refusal Conviction Reversed

The People v. Buchholz

Defendant Fails to Meet Burden Showing Statute Unconstitutional; Dismissal Denied

Matter of Liberty Mutual Ins. Co. v. Iphael

Insurer Granted Stay of Uninsured Motorist Arbitration as Other Vehicle Had Coverage

VIDIVIXI, LLC v. Grattan

$19,780 in Fees Awarded Under Lanham Act In Suit Arising From Partnership's Failure

Sanabria v. Tezlof

False Arrest, Excess Force, Failure to Intervene Claims in Timely Amended Complaint Survive

USA v. Bacote

Facts, Circumstances of Case Justified Court's Instructions to Jury; Rule 33 New Trial Denied

Melissa & Doug, LLC v. LTD Commodities, LLC

Infringing Toy's Hong Kong Supplier Loses Bid to Dismiss Claims Against It

The People v. Victor

Court Lacks Jurisdiction to Entertain Motion To Compel Providing Non-Testimonial Evidence

The People v. Kiselyov

Court's Failure to Recite Waived Constitutional Rights Did Not Invalidate Voluntary Plea

TD Ameritrade, Inc. v. Kelley

'Global Lock', Exchange Act §12(j) Prevent Compliance With FINRA Arbitration Award

Matter of Maria N. v. Kelly N.

Vacatur of Default Final Orders of Protection Denied for Lack of Reasonable Excuse

Rodriguez v. State Farm Mutual Automobile Ins. Co.

Insurers' Motion to Dismiss for Untimely Service, Lack of Complaint Granted

Guan v. Long Island Business Institute, Inc.

FLSA Collective Action's Certification Limited To Certain Workers at School's Flushing Campus

The People v. Kinfe

Defendant Exercised Dominion Over Money; Dismissal for Facial Insufficiency Denied

Missionary Sisters v. Lavelle

Issues of Fact Raised, Not Subject To Summary Determination in Holdover Suit

Mago Int'l v. LHB AG

Unsigned Copies of Lading Bill Did Not Evidence Shipment, Did Not Strictly Comply with SLOC

Singh v. Joshi

TLC Granted Summary Judgment in Challenge To Rules Increasing Wheelchair-Accessible Taxis

Medina v. Ferrari

Motion to Preclude Evidence Defendant Inebriated, Convicted of DWI Granted

Mister Softee, Inc. v. Konstantakakos

Fee Reductions in 'Uncomplicated' Lawsuit Needing Little Trademark Expertise Adopted

Morgan Stanley Mtge. Loan Trust 2006-13ARX v. Morgan Stanley Mtge. Capital Holdings LLC

Alleged Failure to Notify Trustee of Defective Loans Gave Rise to Independent Breach Claim

Testa v. Carefusion

ADEA, NYLL§191(3) Claims Plausibly Pleaded; Earnings Statement Claim May Be Repleaded

American Federated Title Corp. v. GFI Management Services, Inc.

Entity's Undercapitalization Does Not Warrant Corporate Veil's Pierce; Reconsideration Denied

Brauner v. Donmik Gallery Painting, Inc.

Leave to Renew, Reargue Granted, Upon Same Warrant of Commitment Granted Plaintiff

At Last Sportswear, Inc. v. North American Textile, Co., LLC

Plaintiff Granted Default Judgment on Contract Breach Claim, Inquest Ordered on Damages

Labrinos v. Vornado Realty Trust

Fact Issues of Worker's Own Contributory Negligence Preclude Summary Judgment

Gonzalez v. Dieudonne

LINC Program Rider Clear, Parties Bound By Automatically Renewing One Year Lease

Shabazz v. Kailer

Evidentiary Fabrication Caused Prosecution, Influenced Jury, Deprived Plaintiffs of Liberty

Metro Health Products, Inc. v. Nationwide Ins.

Civil Court Properly Granted Insurer's Motion Dismissing Provider's No-Fault Complaint

E*Trade Bank v. Spivey

Plaintiff Establishes Standing, Entitlement To Summary Judgment in Foreclosure Action

Park Lake Residences, LP v. Patterson

Trial Mandated on Issues of Fact if Waiver, Estoppel Warranted in Summary Proceeding

Citigroup Inc. v. AT&T Services, Inc.

Citigroup Is Denied Preliminary Injunction On AT&T's Use of Loyalty Program's Name

Morris Ave. Equities Corp. v. Guzman

Tenant Prevailing Party, Entitled to Attorney Fees Despite No Actual Payment Made

Threadneedle Shipping Corp. v. Johnson

Respondent Denied Summary Judgment To Dismiss Petitioner's Holdover Proceeding

Moses v. Revlon Inc.

Widow's ERISA Suit Time-Barred, Improperly Names Parties Not Plan Trustees, Administrators

Matter of Morataya v. For Judgment Pursuant to Article 7A of the Real Property Actions and Proceedings Law Premises

Violations on Separate Property Denies Owners' Motion to Remove Article 7A Administrator

1120 Bergen Str. LLC v. Beckford

Predicate Notice Stating One Misconduct Act Insufficient to Support Nuisance Allegation

USA v. A.O.

'Egregious' Criminal Conduct Near Age of Majority Warrants Juvenile's Prosecution as an Adult

Deutsche Bank Natl. Trust Co. v. Flagstar Capital Mkts. Corp.

2015 Court of Appeals Ruling Mandates 2014 Breach Action's Dismissal as Time-Barred

USA v. Vondette

Drug Distribution, Money Laundering Conspirator Is Denied Amendment 591 Reduced Sentence

Hagan v. Katz Communications, Inc.

Discrimination Claims Time-Barred Under Title VII, ADEA 90-Day Limit Periods

24/7 Apps Ltd. v. Inmobi Inc.

Courts in Singapore Have Exclusive Jurisdiction Over Parties' Breach Action

Hosmer v. Hosmer

Prenuptial Agreement Valid; Home Husband's Property Not Subject to Equitable Distribution

The People v. Attaway

Out-of-State Conviction May Render Defendant Ineligible for Judicial Diversion

USA v. Lee

Indictment's Failure to State Value of Stolen Property Exceeded $1,000 Was Harmless Error

Liberty Mutual Ins. Co. v. The Fairbanks Co.

Change in Law After N.Y. High Court Decision Leads to March 21 Ruling's Reconsideration

Matter of Attanasio

No Evidence Decedent Unequivocally Intended To Renounce Right to Revoke Agreement

Matter of Rodriguez v. N.Y. State Dept. of Corrs. & Community Supervision

Inmate's Petition Challenging Hearings' Results Denied as Accommodations Provided

Burrus v. N.Y. City Transit Auth.

Evidence Clearly Shows Co-Defendant Sole Proximate Cause of Accident, NYCTA Not Liable

Thurmond v. Bowman

Spoliation Sanctions Denied Where Facebook Posts Not Visible Due to Security Settings Change

The People v. Exantus

Defendant's Prolonged Stop at Yield Sign Gave Officer's Probable Cause to Stop Vehicle