This Week's Summaries

Martinez v. Best Auto Group

Claimant Awarded Return of Deposit for Faulty Vehicle; Seller's Counterclaim Dismissed

Reddy v. 488 3rd St. Owners Corp.

Defendant's Engineer's Affidavit Conclusory, Fails to Demonstrate Entitlement to Judgment

Vanterpool v. City of N.Y.

Hearing Officer's Decision Not Arbitrary; Dismissal of Teacher's Vacatur Petition Granted

325 East 118th Str. v. Roach Bernard, PLLC

Firm's Third-Party Complaint for Contribution, Indemnification Sufficient, Not Devoid of Merit

Leonard H. Shapiro Revocable Living Trust v. Achenbaum

Contract for Sale of Real Estate Found Invalid Entitling Buyers to Return of Down Payment

Woburn Retirement System v. Salix Pharmaceuticals, Ltd.

$210 Million Settlement Approved as 'Fair'; Lead Counsel Awarded $44.6 Million in Fees

Northern Holdings, LLC v. Peak Autobody Bellmore Ltd.

Temporary Restraining Order Enjoining Sale, Disposal of Vehicle to Remain in Effect

Ramgoolie v. Ramgoolie

No Error in Finding Court Lacked Jurisdiction, Agreement Could Have Been Performed in Year

Sanchez-Ramirez v. Masters Food Service Inc.

$24,348 Judgment to Plaintiff in Action Over Settlement's Default Is Explained

VR Optics, LLC v. Peloton Interactive, Inc.

Stationary Bike Firm's Breach, Concealment Claims Survive in Patent Infringement Case

Urbina v. Port Authority of N.Y.

Continued Suspension Deprives Police Officer Of Property Interest in Job at Port Authority

Guezou v. American Univ. of Beirut

New York an Inconvenient Forum, Lebanon Better Venue; Personal Injury Suit Dismissed

RegenLab USA LLC v. Estar Technologies Ltd.

Denial of Severance, Injunctive Relief In Patent Infringement Action Explained

Cooper v. Ruane Cunniff & Goldfarb Inc.

Motion to Compel Arbitration Granted; ERISA Claims Arose From, Related to, Job

US Bank Natl. Assn. v. Priftakis

Defendants Claims Previously Asserted, Rejected; Dismissal of Foreclosure Suit Denied

Ciampa Bell, LLC v. Han

Landlord's Predicate Notice Found Defective, Not Subject to Cure; Holdover Suit Dismissed

Rinis v. Toliou

Issue of Whether Premises Part of Marital Domicile May Not Be Decided in Holdover Suit

USA v. Kubitshuk

Pre-Oct. 25, 2011 Charges Denied Dismissal; Indictment Counts Charge Continuing Offense

International Cards Co., Ltd. v. MasterCard International Inc.

Belated Timing of Prevailing Contractual Interpretation Defense Not Shown in Bad Faith

Alexsam, Inc. v. Mastercard International Inc.

License Breach Complaint Cannot Be Amended To Add Fraud, Misrepresentation Claims

Reyes-Garcia v. Siena Village, Inc

Issues of Fact Bar Owner's, Worker's Summary Judgment Motions in Labor Law Complaint

Itau Unibanco S.A. v. Schahin

Guarantors' Impossibility Defense Rejected As Tax Freeze of Assets Not Unforeseen Event

Matter of Tedeschi v. Lake George Park Commission

Property Owner Fails to Show Violation Of Restrictive Covenant; Dismissal Granted

Chandler v. The City of Mount Vernon

City, Police Denied Judgment in Excess Force Suit; Issues Over Personal Involvement Exist

Vederosa v. County of Suffolk

County, Door Installer Did Not Have Notice Of Alleged Condition; Injury Suit Dismissed

Shampan Lamport LLC v. Tao Group, LLC

Incorrectly Named Party Supports Vacatur Of Default Judgment, Meritorious Defense

The People v. Rodgriguez

Prosecutors Barred From Seeking to Introduce Evidence of Chemical Test Due to Lost Evidence

Nick & Duke LLC v. Dept. of Housing Preservation

Housing Agency's Failure to Ensure Notice Constitutes Due Process Claim

Medidata Solutions, Inc. v. Veeva Systems Inc.

Bid to Compel Arbitration, Stay Trade Secrets Action Denied; Parties Lacked 'Relationship'

Government Employees' Ins. Co. v. Donaldson

Insurer Granted Entry of Default Judgment Against Defendants in Subrogation Action

The People v. Taylor

Dismissal of Indictment Counts Based on Good Samaritan Law Denied

LNYC Loft, LLC v. Hudson Opportunity Fund I, LLC

Operating Agreements Did Not Provide For SLC in Derivative Suit by LLC's Member

Johnson v. J. Walter Thompson U.S.A.

Documents Created to Investigate Allegations In Filed Work Bias Complaint Were Privileged

Representaciones E Investigaciones Medicas v. Abdala

Fraud, Rescission Claims Dismissed As Duplicative of Breach of Contract Claim

XChange Telecom Corp. v. Sprint Spectrum L.P.

Answers to Third Interrogatories Not Compelled; Interrogatories, Motion Deemed Untimely

Shi v. Abilene Motor Express, Inc.

Defendants Fail to Show Plaintiff Did Not Suffer Serious Injuries Under Insurance Law §5102(d)

A.K. v. E.K.

Father Granted Education Decision-Making For Minor Child Until Further Court Order

USA v. Montague

Wiretap, Other Evidence Seized Under Warrant Not Suppressed

Estate of Fergang

Objectant Granted Motion to Compel Production Of Documents Including Payment of Legal Fees

Olmstead v. Bayer Corp.

MDA Preempts Suit Claiming Contraceptive Was Known To Be Dangerous, Defective

Esso Exploration & Production Nigeria Ltd. v. Nigerian National Petroleum Corp.

JPMorgan Must Provide Esso With Records About NNPC's Accounts Between 2009, 2014

Devos Ltd. v. Bradhold

Firm's Former Sales Representatives Barred From Competition Breaching Restrictive Pacts

The People v. Linardos

DA's Request for Case To Be Marked for Trial Unequivocal Expression of Trial Readiness

JBGR LLC v. Chicago Title Ins. Co.

Advice From Non-Lawyer Service Provider Important to Lawyer Not Protected by Privilege

Matter of Salas

Letters Modified for Compromise, Collection, Of Settlement in Wrongful Death Proceeding

Estate of Frey-Wouters

Court Satisfied Legacy in Will to Proponent Draftsman Not Result of Undue Influence

The People v. Sieger Agency Inc.

Real Estate Agency Denied Dismissal of Code Violation; Statute Found Constitutional

Cardone v. Lucille Roberts Health Clubs, Inc.

Health Club Member Fails to Raise Fact Issues, Assumed Risk of Her Injuries on Treadmill

The People v. Burkhardt

Points Awarded on A Factor Resulted in Over Calculation; Downward Departure Granted

Tiffany and Co. v. Costco Wholesale Corp.

Costco Must Pay Tiffany More Than $19 Million For Mark Infringement Over Engagement Rings

Rosenblatt v. Coutts & Co. AG

Personal Jurisdiction Over Swiss Lender Lacking in Breach Suit Over Loan Termination

Donadelle v. Diamantis

Title VII Discrimination Suit Not Dismissed; Termination Plausibly Claimed Pretextual

Hermès of Paris, Inc. v. Swain

Claim Jurisdiction Is Lacking Because Parties In Underlying Suit From Same State Rejected

Alesawy v. Badawi

Abu Dhabi Judgment Against Wife to Equally Share in Mortgage Recognized by NY Court

USA v. Dalmau

Defendant 'Possessed' Pistol in Connection With Murder; Guidelines' §2K2.1(c)(1) Applies

Abrams v. RSUI Idemnity Co.

Insurer Need Not Pay Lawsuit Defense Costs Incurred Prior to March 13, 2015, Notice

Overruling Magistrate, Court Revokes Drug Defendant's Pretrial Release for Violations

U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Criminal Law

Signature Bank NA v. Koschitzki

Default Vacated, Complaint Dismissed; GBL 13 Violated as Orthodox Jews Served On Sabbath

Farmer v. US

Denial of Conviction Vacatur Not Reconsidered; Ineffective Counsel Claims Previously Rejected

707 St. Nicholas LLC v. Torres

Court Finds Tenant Constructively Evicted, Rent for Period of Eviction Entirely Abated

USA v. Courton

Overruling Magistrate, Court Revokes Drug Defendant's Pretrial Release for Violations

Doe v. Quest Diagnostics, Inc.

Parties' Sanctions Requests Denied; Counsel's Conduct Not Shown Improper, in Bad Faith

Sagarese v. The City of N.Y.

Jones Act Inapplicable to Officer's Claim; Negligence Claims Barred by Firefighter's Rule

CRA Holdings US, Inc. and Subsidiaries v. USA

Court Explains Random Sampling of Projects To Be Used in Action Over R&D Tax Credits

Renelique v. Travelers Ins. Co.

Provider Awarded Judgment; Insurer Fails To Show Assignor Did Not Appear for EUOs

Norgate Development Associates L.P. v. Stevens

Landlord Granted Discontinuance of Action, But With Prejudice; Tenant Awarded Legal Fees

Matter of Cardino

Respondents Found in Civil Contempt for Lost Inventory, Failure to Comply With Court Order

Richards v. Barrows

Super a Rent Stabilized Tenant of Record Not Subject to Eviction at End of Employment

U.S. Commodity Futures Trading Com. v. Wang

Future CEA Violations Unlikely, Permanent Registration Ban Denied, Lesser CMP Imposed

USA v. Asante

Indictment Related to Fraudulent Marriage Denied Dismissal, Transfer on Venue Grounds

Houston v. Sheahan

Only Deliberate Dental Indifference Claim Survives in Inmate's Rights Violation Suit

USA v. Lopez

Defendant Responsible for at Least 30 Kilos Of Heroin; §3582(c) Sentence Reduction Denied

Emmitt v. Ferrarie

Landlord Fails to Rebut Retaliatory Eviction Presumption; Penalized for Harassment

Jovic v. Blue

Panel Affirms Order Granting Tenant's Motion To Set Aside Jury Verdict in Landlord's Favor

Flatbush Builders, Inc. v. Dubresil

Court Unpersuaded Statute of Limitations Operates to Grant Tenant Summary Judgment

Famous Developers LLC v. Daniel

Claim Illegality Of Sixth Unit Bars Building Being Subject to Rent Stabilization Rejected

Bersoum v. Abotaeta

Court Lacks Jurisdiction Over Egyptians' ATCA, TVPA Claims Against Heads of Libya Paramilitary

Omabegho v. The Corcoran Group

Broker Has No Duty to Investigate, But a Duty To Fully Disclose Tenant's Poor History

O'Donnell v. N.Y. City Police Dept.

Officer's Challenge to FOIL Request Moot, But Awarded Attorney Fees as Prevailing Party

Matter of Emiliano E v. Viviana V

Order of Protection Against Father Extended; Court Lacks Jurisdiction to Enforce Italian Order

Starke v. SquareTrade, Inc.

No Enforceable Agreement to Arbitrate Found In Fraud Class Action Over Extended Warranty

In re Leenasia C.

Family Court May Retroactively Vacate Neglect Finding, Dismiss Neglect Proceeding

Gurrieri v. County of Nassau

Only AMTs' FLSA Overtime Claims Against County Survive; Complaint May Be Amended to Add Facts

Roche v. Capri

Defendants Denied Counterclaims For Use, Occupancy and Attorney Fees From Prior Case

USA v. Patel

Warrants for Emails' Seizure Did Not Violate Fourth Amendment Particularity Requirement

Merchant Cash and Capital, LLC. v. Portland Wholesale Jewelry, LLC

Defendants Waived Raising Improper Venue, Denied Change; Complaint's Dismissal Denied

Quality Medical Care, PC v. Progressive Casualty Ins. Co

Insurer Fails to Show Insured Provided False, Fraudulent Residential Address on Application

Coffee Mania, LLC v. Coffeemania Bryant Park, LLC

Infringement Suit Reopened; Enforceable Settlement Agreement Does Not Exist

The People v. Powell

Defense Challenge to Dismiss Juror Based On Implied Bias Should Have Been Granted

Geismann v. ZocDoc, Inc.

Defendant May Deposit $13,900 to Be Held With Prior $6,100 to Secure $20,000 Judgment

Matter of RD

ACS Established Father Sexually Abused Child, Derivatively Neglected His Other Children

Matter of Arty

Deceased Sibling's Wife Failed to Comply With Prior Order; Motion to Compel Denied

Soloway v. Kessler

Legal Malpractice Complaint Against Kane Kessler Firm Dismissed as Time-Barred

The People v. Jones

Prosecutors Granted Renewal; 35 Days Found Excludable, Dismissal Order Vacated

Matter of Young v. The People

Parolee Denied Expungement of Sexual Misconduct Language in Pre-Sentence Report

Total Chiropractic v. USAA Casualty Ins. Co.

Insurer Denied Dismissal Conditioned On Plaintiff Providing Responses to Discovery

Caufield v. Colgate-Palmolive Co.

Class Certification Granted in ERISA Action For Benefits Under Retirement Plan's RAA

Universal Instruments Corp. v. Micro System Engineering, Inc.

Infringement, Other Claims Dismissed; Source Code Provided Under License or Unconditionally

ARS Kabirwala, LP v. EL Paso Kabirwala Cayman Co.

Unjust Enrichment, Implied Covenant Claims Dismissed as Duplicative of Breach Claims

Shin v. American Airlines Group, Inc.

Air Traveler's Discrimination Suit Dismissed; Connection With Federal Funding Not Alleged