Decisions

This Week's Summaries

Matter of J.G. Wentworth Originations, LLC v. Ruiz

J.G. Wentworth's Motion Seeking Permission For PA Court to Decide SSPA Petition Denied

Greenberg v. The State of N.Y.

Court Apportions 40% Liability to State, 60% to Claimant in Negligence Action

Sicignano v. Hymowitz

Defendants Not Entitled to Change of Venue As of Right or Discretionary Change

Suffolk County Water Auth. v. Dow Chem. Co.

Claims Over Contamination Found More Than Three Years Before Suit Wrongly Deemed Timely

Leatherstocking Antiques

Acceptance of Stipulation Fixing Claim Amount Within Bankruptcy Court's Authority, Discretion

Genger v. Genger

Unjust Enrichment, Fiduciary Duty Breach Claims Should Be Dismissed in Suit Over Firm's Control

Argudo v. New York State Dept. of Motor Vehicles

DMV's Denial of Application for Relicensure Of Repeat DWI Offender Rational, Not Arbitrary

Amarosa v. American National Red Cross

Age Had No Bearing on Firing for Negligent Failure to Discover, Prevent Embezzlement

Waterside Plaza Ground Lessee, LLC v. Rwambuya

Parents' Sentimentality Regarding Premises As Home Not Bar to Son's Succession Claim

Advance Funding LLC v. Scott

Approval of Transfer of Structured Settlement Payments Under SSPA Denied

Carter v. Incorporated Village of Ocean Beach

$63,990 Fee Award to County Defendants Is Upheld; Plaintiffs' Claims Were Frivolous

Matter of Trump Village Apartments One Owner v. N.Y. State Div. of Housing and Community Renewal

Trump Collaterally Estopped From Challenging Prior Court Order Reducing Tenants' Rents

Saint Tropez Inc. v. Ningbo Maywood Industry

Breach Suit Denied Dismissal; Chinese Firm Properly Served by Pleadings' Delivery on CEO

Vargas v. Lancaster

Prejudice of Joint Trial Outweighed by Possible Inconsistent Verdicts; Actions Consolidated

Megan Holding LLC v. Conason

Matter Set Down to Determine Reasonable Attorney Fees for Successful Contempt Motion

Almontaser v. New York City Dept. of Educ.

Muslim, Arab-American Former Teacher's Bias, Hostile Job Site Claims Are Dismissed

Matter of Bigus

Court Disallows Certain Attorney Fees; Orders Repayment to Beneficiaries Plus Interest

Shadid v. Nicolato

Court Explains Why §2254 Habeas Petition Should Be Dismissed as Untimely Under AEDPA

U.S.A. v. Chelsea Brewing Company, LLC

Collection of Unpaid Taxes Before Sept. 30, 2001 Time Barred Under Internal Revenue Code

McCabe v. Caribbean Cruise Line, Inc.

Claim of 'Robocall' Violating TCPA Plausibly Asserted Against Caribbean Cruise Line Only

Matter of Okopal v. New York State Department of Health

ALJ's Decision Upholding HRA's Denial Of Benefits Not Arbitrary; Action Dismissed

Fernandez v. Daimlerchrysler, A.G.

Sporadic Contacts Insufficient to Establish Jurisdiction; Daimler Granted Dismissal

Mercury Public Affairs, LLC v. Gramercy Park Services, LLC

Court Denies Vacatur of Default Judgment; No Sufficient Explanation for Defaults Given

Gerdau Ameristeel US Inc. v. Ameron International Corp.,

Sellers' Breach Counterclaim in Action Arising From California Steel Mill's Purchase Dismissed

The People v. Lewis

Conviction Stands Where Defendant Was Fully Informed of Crimes He Committed

E. V. v. R. V.

Court Awards Full Custody to Father In Best Interests of Child

Matter of Arbitration v. United Quarries

Valid Freight Agreement Was Silent on Address Commission Rate; Arbitration Award Confirmed

Ramirez v. The City of N.Y.

Questions of Fact Exist as to Whether School Bus Company's Actions Resulted in Fall

The People v. Ramirez

Procedures Utilized by Police to Identify Defendant Were Not Unduly Suggestive

Bielfeldt v. Sonowski

'Constructive Notice' Claim Rejected; Lawsuit's Removal to District Court Was Timely, Proper

Bodmann v. JPMorgan Chase Bank

Lawsuit Over Note's Purported Securitization Does Not Allege State Action by Bank, Mortgagor

Big J Development Co., Inc. v. Big J Development Co., Inc.

Second Attempt to Quiet Title to Property Is Barred by Res Judicata

Zurich American Ins. Co. v. Team Tankers A.S.

Panel Chair's Failure to Disclose Brain Tumor Not Corruption Warranting Award's Vacatur

Great Lakes Reinsurance v. Fortelni

No Coverage Under Policy for Boat Damage Caused by Water Pump Hose Clamp's Failure

Al Maya Trading Establishment v. Global Export Marketing Co., Ltd

Trial on Whether 1999 Agreement, Governed By New York Law, Is a Forgery Must Proceed

HBC Solutions, Inc. v. Harris Corp.

Sale Parties' Relationship International, Implicates FAA, New York Convention

Lehman Brothers Holdings Inc. v. Wellmont Health System

Reference Should Stay With Bankruptcy Court Despite Its Lack of Final Adjudicative Authority

Mateo-Rivera v. USA

Counsel Ineffectiveness Claims Rejected In Denial of Bid for §2255 Sentence Relief

L.A.B. v. B.M.

Case Lacked a Sufficient Nexus to New York; Dismissal For Forum Non Conveniens Granted

Matter of Jann P. v. Jamie P.

Ex-Wife Cannot Assert Equitable Estoppel Against Same-Sex Partner to Seek Custody

M v. M

Court Rules Parties' Prenuptial Agreement Invalid Under Dominican and Spanish Law

Will of Sherer

Probate to Copy of Propounded Will Denied As Presumption of Revocation Not Rebutted

Matter of Romanello

Hearing Ordered to Clarify Ambiguity in Will, Ascertain Decedent's Intent Regarding SNT

Miezgiel v. Holder

Decision Marriage at Polish Consulate Invalid For Immigration Purposes Was Not Arbitrary

Testament of Baugher

Court Finds Corporation Did Not Meet Burden Showing Material Exempt From Disclosure

DTM Dev., Ltd. v. Yorktown Central School Dist.

Letter to District Board President Substantially Complied With Notice of Claim Requirements

NYWC, Inc. v. Pro Beauty Concepts, Inc.

EBay Seller's Complaint Sufficiently States Claim for Misappropriation of Trade Secrets

Matter of The City of New York v. The New York City Civil Service Commission and Reginald LeRouge

Petitioners' Failure to Object to CSC's Decision To Hold De Novo Hearing Dismisses Petition

Wells Fargo Bank v. Klausner

Court Awards Defendants $1,000 Costs By Bank Under Precept 'Enough is Enough'

Bibbo v. Arvanitakis

Law Firm, Attorney Denied Dismissal Of Plaintiffs' Complaint Alleging Fraud

Khanom v. Kerry

Consular Nonreviewability Doctrine Bars Review of Visas' Denial

Matter of Jackson v. County of Suffolk

Court's Adoption of Order Denying Spoliation Sanctions in Police Beating Death Explained

Colemen v. Onsite Property Management, Inc.

Tenant Did Not Abandon, Surrender Premises; Landlord Ordered to Restore Possession

Cellu-Beep, Inc. v. Telecorp Communications, Inc.

Arbitrator's Award Confirmed; Partiality, Manifest Disregard of Law Not Shown

Houston v. Linaweaver

'Good Time' Sanctions Extending Prison Stay Upheld; Inmate Not Deprived of Due Process

Gas Natural, Inc. v. Iberdrola, S.A.

Despite Duty to Negotiate in Good Faith, Intent Letter Did Not Require Talks With Plaintiff Only

Acorne Productions, LLC v. Tjeknavorian

Remand of Suit Over Failure to Deliver Film About 1915 Armenian Genocide Is Explained

Matter of Community Related Services, Inc. v. N.Y. State Dept. of Health

Supreme Court, Not Court of Claims Has Jurisdiction; Vacatur of Prior Order Denied

Storms v. USA

Discovery Denial in Challenge to Removal Of Veteran's Firm From VA Database Upheld

Seerattan v. Seerattan

Mother's Complaint Sufficiently States Claim For Constructive Trust Against Daughter

Brahms v. Carver

Epithetic Internet Statement Held Protected Opinion Not Subject to Defamation Suit

D'Alessandro v. Nassau Health Care Corp.

Theory Driver May Have Been Distracted By Cell Phone Use Speculative; Records Denied

Tanenbaum v. Tihomirovs

Attorney Denied Motion to Set Aside Allegedly Fraudulent Conveyance of Condo in Florida

Matter of Imhof

Court Evaluator Authorized to Inspect Medical Records Over Respondent's Objections

New York State Citizens' Coalition for Children v. Carrion

CWA Does Not Provide Private Right of Action To Challenge Overseer of Foster Care System

Residents for Sane Trash Solutions, Inc. v. United States Army Corps of Engineers

Engineer Corps' §404 Permit for Trash Transfer Site Did Not Violate Clean Water Act or NEPA

2976 Marion, LLC v. University Consultation Center

Non-Profit Tenant's Claim Premises Rented For 'Persons in Need of Services' Too Vague

Anderson v. Xerox Corp

Xerox Granted Judgment Dismissing Former Retiree's Claim Over 'Phantom Account's' Use

Ramseur v. Askins

'Best for All Concerned' if Dog Remains In Possession of Aunt; Replevin Suit Dismissed

Bensinger v. Denbury Resources Inc.

§14(a) Claim Over 2010 Proxy's Misstatements Dismissed as Beyond Three Year Repose Statute

Barnville v. Cafe

Security Guard's Claims Against Employer, Arising From Rights Breaches, Are Dismissed

Locust Valley Central School District v. Benstock

School District Directed Into Arbitration With Teacher Convicted of Sexual Abuse

Gomez v. Yussuf

Plaintiff Found Sole Proximate Cause of Car Accident; Dismissal of Injury Suit Granted

Wender v. Silberling

Court Finds 'Vituperative' Internet Blog Posts Did Not Constitute Libel Per Se

Matter of B.A.M.W.

Mother Denied Resubmitted Petition for Court To Accept Transfer of Guardianship From Texas

Atterbury v. United States Marshall Service

Court Officer's Action Dismissed; APA Claim Sounds in Contract, Falls Within Tucker Act

Meridian Psychological Services v. Government Employees Ins. Co.

Court Rules GEICO Does Not Have Defense To Provider's Claim for No-Fault Benefits

Friedman v. Maspeth Federal Loan

RESPA Violation Claim Asserting Mortgagor's Improper Assessment of Late Fees Not Dismissed

George v. New York City Transit Authority

Suit's Claims Styled as §1983 Claims to Avoid Bar for Failure to Serve Timely Notice of Claim

Matter of Vincent J. Castellucci Trust

Daughter Has Standing to Maintain Action; Dismissal of Suit to Compel Accounting Denied

Poarch v. Colvin

Child Is Disabled by Cerebral Palsy, Asthma; SSI Benefits Must Be Calculated After Remand

Key v. Arrow Limo Inc.

Mother Denied Approval of Infant Compromise as Conflict of Interest Exists

Will of Sanger

Spouse Entitled to Inference of Due Execution Despite Supervising Attorney Not Admitted in NY

Will of Canvin

Ineffective Disposition Passed in Intestacy To Distributees, But Not Adopted-Out Child

Scott-Iverson v. Independent Health Assoc.

Race, Sex Bias Claims Based on Post June 2011 Playing of Offensive Movie Clip May Proceed

Murphy v. TRI-STATE Consumer Ins. Co.

Factual Issues Preclude Summary Judgment to Either Insured or Insurer

Olvera v. Bareburger Group LLC

Eatery Workers Adequately Plead That Owners Of Franchise Trademarks Are 'Joint Employers'

The People v. Lovejoy

Three 'Pepper/Mitchell' Factors Weigh Against Retroactive Application of 'Peque'