This Week's Summaries

The People v. Graham

Reasonable Cause to Believe Defendant Committed Charged Offenses Denies Dismissal

Matter of Camoia

Court Appoints Independent Guardian In Incapacitated Person's Best Interest

The People v. Acosta

Prosecutors' Motion to Compel Defendant To Submit to Saliva Sample Untimely, Denied

The People v. Rosenblatt

Prosecutors Only Charged With 17 Days Of CPL §30.30 Time; Dismissal Denied

203 East Post Road, LLC v. Amra Electrical Corp.

Vacatur of Default Reversed; Reasonable Excuse, Meritorious Defense Not Shown

P & S 95th Street Assoc., LLC v. Realty

Defendants Denied Vacatur, Renewal of Prior Order of Contempt Finding as Time-Barred

Crawford v. Cuomo

Guard's Unjustified, Intentional Contact With Inmate's Genitals Violates Eighth Amendment

Anderson v. Hotelsab, LLC

Hotel's Operator Misconstrued 'Robles'; Bias On Island Impacts Job's Duties in New York

Kiernozek v. Federal National Mortgage Assoc.

Homeowner's Suit Against Fannie Mae, Bank Over Practices During Foreclosure Dismissed

Cardova v. Lavalley

Challenge to Persistent Felon Adjudication Procedurally Barred; Habeas Relief Denied

McLeod v. The Jewish Guild for the Blind

Absence of Adverse Employment Action Fatal To Sex Discrimination Claims Against Employer

Carelock v. The United States

Even if Untimely, VA Patient's Malpractice Claims Might Be Subject to Equitable Tolling

New York Shun On Realty Development Inc. v. Mathieu

Notice to Quit Does Not Allege Ground For a Demand for Possession, Found Defective

Alleviation Medical Services, PC v. Hertz Co.

Insurer's Interrogatory Response, Denials Have Admission Proving When Claim Received

Emigrant Mortgage Co., Inc. v. Lifshitz

Questions if 90-Day Notice Under RPAPL §1304 Required Bar Granting Judgment of Foreclosure

Krineta Enterprises Co. Ltd. v. Lavidas

Recognition of Greek Judgment Premature; Action Stayed Pending Decision of 'Cassation'

Matter of Pitman, III v. City of New York

Petitioner Fails to Establish Reasonable Excuse for Leave to Serve Late Notice on City

Silver v. Ottieri

Decision on Applicability of Part 137 Law Of the Case; Money Award to Attorney Affirmed

Thind v. Healthfirst Management Services, LLC

Substantive FLSA Claim on Collective's Behalf Not Dismissed; Notice Dated to First Complaint

Moreno v. Pena

Child's Return to Dominican Republic Under Hague Convention Is Denied

Opoku v. The County of Suffolk

'Prevailing Party' County Defendants Denied Fees; Discontinued Claims Not 'Frivolous'

Onewest Bank v. Conklin

Default Judgment, Legal Fees Awarded Bank In Foreclosure Action Explained

Tomasino v. The Estee Lauder Companies, Inc.

Contract Breach Claim Dismissed for Failure To Give Timely Notice Under New York's UCC

Gillman v. Mercury Print Productions, Inc.

Legitimate Reason Behind Customer Service Representative's Termination Not Pretextual

Roth v. Solus Alternative Asset Management LP

Shareholder Derivative Suit to Disgorge Short-Swing Profits Denied Dismissal

Dubor Assoc. v. Richburg

Landlord Fails to Prove Violation of Stipulation Warrants Termination of Long-Term Tenancy

Bernato v. Arthur J. Gallagher & Co.

Under Agreement, Insurance Firm Not Liable On Claims Predecessor Withheld Commissions

City of New York v. 100 West 88th Street Housing Development Fund Corp.

No Proof Established HDFCs' Agreement Signed Under Duress; Judgment for Breach Granted

5 Hanover Square (NY) Owner, LLC v. Eclectic Naturals, Inc.

Tenant Had no Legal Basis to Reject Default Notices Sent on Landlord's Behalf by Agent

MID Bronx HDFC v. Paulino, L&T

Tenant Denied Dismissal of Landlord's Nuisance Holdover Proceeding

Fabria Houses Assoc. v. Fontanetta

Inconsistency, Contradiction of Cure Notice Renders it Inherently Flawed

New Century Mortgage Corp. v. Isabell

Alleged Intervenor is Non-Party, Failed to Use Intervention Devices, and Answer is Nullity

Santos v. Volonakis

Triable Issues if Plaintiff Sustained Serious Injury Bars Summary Judgment Dismissal

Yarusi v. S. Sedghi Incorporated

Breach Claim Dismissed; Agreement's Scope, Duration Not Demonstrated by 'Writings'

Citi Structure Construction v. Zurich American Ins. Co.

Nonparty Surety May Enforce Subcontracts' Clauses Requiring Suit in Westchester Court

Paulino v. Conopco, Inc.

Deceptive Practices, Violation of California Laws Shown in Suit Over 'Natural' Labeling

Alicia Etheredge-Brown v. American Media, Inc.

Defamation Claim Is Dismissed for Failure To Comply With Rule 4(m) Service Deadline

Matter of Henson v. Prack

Inmate's Challenge to Results of Hearing On Misconduct Charges Dismissed

Guess v. The University of Rochester

Woman Fired for Inability to Perform Job's Functions, Not Disability From Brain Aneurysm

Commissioners of the State Ins. Fund v. Garcia

Attorney Notified of Lien Before Dispensing Settlement Funds, Liable to Satisfy Lien

Estate of Singleton v. The City of N.Y.

Court Cannot Compel OCME, ADA to Release Reports on Decedent Deemed Confidential

Will of Jon David E.

Petitioner, Decedent Divorced 'for All Intents And Purposes,' Disqualifying Wife as Executrix

Matter of D.T. v. V.T.

Father Can Provide More Stable Environment To Child, Awarded Sole Legal, Physical Custody

Daly v. Capital Management Services, LP

Collection Letter Clearly Identified Bank As Creditor on Delinquent Account With Store

Krause v. Eihab Human Services, Inc.

Survival of False Claim Act Whistleblower Allegations Against Nonprofit Explained

USA v. Cohan

No Right to Counsel Under Sixth Amendment At Garnishment Hearing to Satisfy Restitution

Doscher v. Sea Port Group Sec., LLC

Court Lacks Jurisdiction Over Petition To Partly Vacate Arbitral Award

Penshurst Trading Inc. v. Zodax LP

Attorney Fees Not Warranted for Trade Dress, Trademark, Copyright Infringement Claims

Village Chiropractic a/a/o Irizarry v. GEICO Ins. Co.

Triable Issue if Billed Amounts Under Applicable Fee Schedule Bars Summary Judgment

Ginsberg v. Tesher

Failure to Provide Court Copy Of Proposed Amendment Denies Leave to Amend Pleadings

Collins v. Samson Rope Technologies, Inc.

Special, Unusual Circumstance Not Shown To Warrant Video-, Audio-Taping IME

The People v. Gilbert

Grand Jury Proceeding Not Defective, Evidence Presented Legally Sufficient; Dismissal Denied

Capruso v. Village of Kings Point

Defendants Denied Extension of Order To Remove Equipment, Buildings From Park

Estates of Chaim Wrobel

Consolidation of Three Trusts Into Single Testamentary One Approved, Not Nunc Pro Tunc

Lichti v. Marovic

Individual Defendants Collaterally Estopped By Assault Conviction From Denying Liability

DCS Pharmacy, Inc. v. Ugenti

Defense Counsel's Testimony Necessary, Warranting His Disqualification

The People v. Gonzalez

Ex-Corrections Officer Granted Downward Departure to Risk Level Two Sex Offender

JL v. ML

Mother Granted Permission to Relocate To Florida as in Child's Best Interest

The Matter of Rodney v. Police Dept. Legal Bureau

Inmate's Petition Timely, But Disclosure Denial Proper, May Interfere With Judicial Action

Gold v. American Medical Alert Corp.

NYLL §193 Violation Insufficiently Pleaded; Withholding Pay Is Basis of Contract Claim

Greenidge v. NYC Human Resource Administration

Amended Complaint Fails to State Rights Violation Claims Against New York City HRA

In re: MF Global Inc.

Agreement's One-Year Limitation on Claims Continued During Party's Bankruptcy Case

Sullivan v. Aventis, Inc.

Failure to Warn Claim Survives; Design Defect Claims Not Barred by Impossibility Preemption

USA v. Eldridge

Defendant's Subpoena of Prosecutor Over Evidence Destruction Not Reconsidered

Goregliad v. Friends of the High Line, Inc.

FHL Granted Dismissal of Plaintiff's Suit For Personal Injuries After Trip, Fall

Cano v. The City of New York

Conditions at Brooklyn Central Booking Not Shown to Violate Detainees' Rights

Sahni v. Legal Services of the Hudson Valley

Discrimination Suit Estopped, Res Judicata After Decision by State's Rights Agency, Court

Paredes Sanguineti v. Boqvist

Parent's Conditional Consent to Child's Retention Can Be Based on Implied Conditions

RCA Trademark Management S.A.S. v. Voxx International Corp.

Deposition Would Not Violate France's 'Blocking' Law; Firm Must Describe Deponents' Duties

Kunda v. Caremark PHC, L.L.C.

Employee Handbook's Guidelines, Policies Do Not Create Implied-in-Fact Contract

Galil Kineret LLC v. Chin

Plaintiff Granted Summary Judgment For Defendant's Breach of Contract

Clemente v. Liberato

Court Finds No Familial Relationship, Declines to Dismiss License Holdover Suit

Equable Ascent Financial LLC v. Tirado

'Inactive' Entity Seeking to File Assignment Of Judgment Directed to Provide Documents

Airport Mart, Inc. v. Westchester County

Tenant Lacks Standing to Challenge County's Determination to Terminate License Agreement

Plavnik-Stybel v. Ionescu

LLC Member in Derivative Suit May Assert Venue Based on Residence;Venue Change Granted

Hunter v. Hereford Ins. Co.

Dismissal Against Insurer, Agent Granted; Sanctions Considered for Frivolous Suit

Howard Avenue Development, L.P. v. Richardson

License Agreement Provisions Akin to Lease; Licensee Holdover Proceeding Dismissed

Landlord Services LLC v. Acevedo

Tenant Granted Leave to Conduct Discovery Beyond Four-Year Look Back Period

New York City Housing Authority Adams Houses v. Mordan

NYCHA Denied Summary Judgment as Triable Facts Exist From Denial of Formal Hearing

83-85 Baxter St., LLC v. Cai

Panel Affirms Order Denying Landlord Possession in Holdover Summary Proceeding

Hyatt Ave. Assoc, LLC v. Rahman

Panel Affirms Judgment Awarding Landlord Possession of Rent-Stabilized Apartment

The People v. Garnes

18B Attorneys' Enhanced Compensation Request Granted, But 8 Hours Ordered Deducted

Ritchie Capital Management, L.L.C. v. General Electric Capital Corp.

No Standing Exists Where Trustee Had Brought and Settled Nearly Identical Claims

Newell v. Ryobi Technologies, Inc.

Manufacturer, Seller Not Relieved of Duty To Warn By Virtue of Open, Obvious Danger

Matter of the Extradition of Alexander Khochinsky

Extradition Complaint Against Russian Citizen Who Acquired Stolen Painting Dismissed

New York University v. Galderma Laboratories, Inc.

Accrued Money Damages Granted in Breach of Patent License Agreement Action

615 Building Co. LLC v. Rudnick

Lease Guarantor Liable For Liquidated Damages for Landlord's Expenses