This Week's Summaries

Pfizer Inc. v. McNeil-PPC, Inc.

Pfizer's Newer Pediatric Advil Products Included In Consent Decree Resolving Prior Litigation

Ingenito v. Riri USA, Inc.

Waiver of Attorney-Client Privilege by Emails Did Not Extend to Reasons Underlying Firing

Garber v. United Healthcare Corp.

Underpayment Claims Against Health Insurer Not Preempted Under ERISA; Suit Remanded

Growblox Sciences, Inc. v. GCM Administrative Services, LLC

Bid to Supplement Complaint to Add Breach Claim Against Counterclaimants Is Denied

Welby, Brady & Greenblatt, LLP v. The U.S. Dept. of Health

HHS Granted Judgment in Law Firm's Bid For Papers Withheld Under FOIA Exemption

Hart v. Fnu Kaiwan-Ullah

Plaintiffs Raise Factual Issues on Whether They Sustained Serious Injury Under §5102(d)

Cohen v. Cohen

Wife's Ex-Counsel Granted So-Ordering Of Charging Lien, Denied Payment From Escrow

Estate of Coiro

Sister's Turnover Proceeding Against Brother Not Time-Barred; Dismissal Denied

Matter of Miccoli v. W.T.

DA Denied Authorization to Speak With Committed Defendant's Doctors, Staff

T.D. Bank. N.A. v. Interstate Fire Protection, Inc.

Redactions Found 'So Extreme' Impossible To Tell if Invoices Related to Subject Litigation

The People v. Wilson

No Basis to Allow Defense's Impeachment Questioning of Prosecution Witness, Denied

Diggs v. Oscar De La Renta, LLC

Ex-Employee's Counsel Granted Attorney Fees But With 50% Across-The-Board Reduction

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

Denial of Bid to Intervene in Adversary Action To Recover Fictitious Madoff Profits Explained

Pesce v. The City of N.Y.

Jury Charges Denied in Suit Over Medical Examination Before Conditional Job Offer

Abascal v. Fleckenstein

Court Abused Discretion by Admitting Report That Was Hearsay, Did Not Meet Exceptions

Evans v. Aramark Food and Commissary Services of Orange County Correctional Facility

Ramadan Faster Did Not Exhaust Remedies Before Suing Over Quantity of Food Served

HSBC Bank USA v. Zair

Mortgagee Bank Could Not Be Forced to Accept Ownership of Home Destroyed by Hurricane

Family Foot Center v. Gioeli

Panel Reverses Order, Grants Dismissal Of Motion Asserted Against Defendant

Tavarez v. Maxwell Plumb Mechanical Corp.

Defendants Denied Partial Summary Judgment Dismissing Mother's Zone-of-Danger Claims

Matter of C.F. v. N.Y. City Housing Authority

Tenant Denied Leave to Renew Order Denying Her Application to Re-Open Her Default

Portfolio Recovery Associates, LLC v. Guzman

Vacatur of Default Judgments, Discontinuance Actions Adjourned for Supplemental Affidavits

Prutzman v. Albany Medical Center Hospital

Protective Order Granted Against Defendants' Demands For Identifying Expert Information

Yashar Foundation Inc. v. Schwatzman

Non-Profit Denied Summary Judgment In Holdover to Recover Possession for Own Use

Chateau Owners Corp. v. Monahan

Divided Panel Reverses Order That Awarded Coop Possession in Summary Holdover Suit

QPII-109-05 120 Street LLC v. Massingale

Employee's Motion to Stay Holdover During Pendency of HRC Proceeding Granted

Tomic v. 92 East LLC

Tenants Granted Renewal, Found Entitled To Summary Judgment in Overcharges Suit

Sun v. Capies, 73891/15

Owner's Failure to Comply With RPAPL §1305 Grants Tenants Restoration to Tenancy

Live Face on Web, LLC v. Five Boro Mold Specialist Inc.

Alleged Defamatory Statements Expressed Opinion But Infringement Claim Survives

Robles v. Margaritis

Parties' Lack of Privity of Contract, Estate Requires Dismissal of Non-Payment Action

Paniagua v. Walter Kidde Portable Equipment, Inc.

Insufficient Evidence Supports Claim Smoke Alarm in Deadly Fire Was Made by Defendant

Cho v. Seventh Avenue Fine Foods Corp.

Suit Claiming Fraudulent Transfer Dismissed As Res Judicata After Bankruptcy's Settlement

Goel v. Bunge, Ltd.

RICO Claims Properly Held Untimely But Court Wrongly Considered Materials Outside Pleadings

USA v. Fiumano

Evidence of Prior Participation in Similar Fraud Scheme Admissible as Evidence of Crime Charged

Big Apple Ortho Medical Supply, Inc. v. Allstate Ins. Co.

Insurer's Reliance on CPLR 5019(a) to Modify Judgment Misplaced, No Clerical Error Shown

Cooper v. N.Y. State Dep't of Labor

Proposal to Change How State Agencies Handle Internal EEO Complaints Did Not Violate Title VII

Scuteri v. 7318 13th Ave. Corp.

Evidence Insufficient to Show Alleged Defect Trivial, Non-Actionable Against Property Owners

Hernandez v. Asoli

Workers' Compensation Law Precludes Employee's Negligence Suit Against Employers

Cannon v. N.Y. City Police Dept.

NYPD Granted Dismissal of Now-Retired Ex-Employee's Age Discrimination Complaint

Delfasco v. Powell

Employee's Connection to NY Through Employer Does Not Satisfy 'Minimum Contacts' Analysis

The People v. Carron

Refusal to Take Breath Test at Arrest Scene Not Cognizable Offense; Conviction Reversed

Schieno v. Colvin

ALJ Erred in Failing to Give Controlling Weight To Treating Physician's Medical Report

Lombardi v. U.S. Postal Service

Court Lacks Derivative Jurisdiction Over Suit Against Post Office Over Wedding Invitations

In Re M/V MSC Flamina

Jones Act, DOHSA, Maritime Law Inapplicable In Suit by Wife of Chief Mate Killed in Fire

LP Funding, LLC v. Tantech Holdings, Ltd.

Fraud, Fraudulent Inducement Counterclaims May be Raised in Breach Suit Over Stock Offer

Badinelli v. The Tuxedo Club

Country Club's Manager Must Arbitrate Termination, Discrimination Claims

USA v. Mohamed

Pact's Acceptance Under Rule 11 Binds Court To Terrorist's Sentence for Murder Conspiracy

Mahon v. Commissioner of N.Y. City Police Dept.

City, Police Granted Judgment on Rights Claims Over Drug Buy Money's 'Recycling'

Odeon Capital Group, LLC v. Ackerman

Confirmation of $1.1 Million FINRA Arbitral Award for Bond Trader Explained

Verint Systems Inc. v. Red Box Recorders Ltd.

Executive Not Shown 'Obviously' Better Than Other Custodians to Have Discoverable ESI

The People v. Frankel

Defendant Lacks Standing to Challenge Money's Seizure; Order Reversed, Suppression Denied

The People v. Vezza

Statements in Custody Likely to Elicit Response To Be Used Against Defendant Suppressed

Jackson K. v. Parisa G.

Wife's Motion to Dismiss Complaint Alleging Parties' Marriage Valid Absent Certificate Denied

Matter of Julissa P.

Aid of Court Remained Necessary; ACS Denied Withdrawal of Neglect Petition

The People v. Simon

Court Finds Officers' Testimony Not Credible, 'Mapp', 'Dunaway' Suppression Motion Granted

Matter of Jonathan C. v. Iaishia Q. T.

Vacatur of Order of Filiation Motion Held In Abeyance Pending Estoppel Hearing

Kyntec Corp. v. ITT Enidine, Inc.

Record Supports Stay Order's Violation Pending Patent's Reexamination; Sanctions Granted

Hadid v. The City of N.Y.

Complaint Denied Amendment, Ruling Denied Reconsideration; 'Brady' Violation Not Shown

Matter of Arturo R.

Sealing Record of Prior Juvenile Delinquency Proceeding Granted in Interest of Justice

The People v. Sanchez

Prosecutors, Defense Incorrectly Calculate Chargeable Time Under CPL §30.30

The People v. Bacquie

Defendant Errs in Relying on 'Sibblies'; Dismissal Denied, §30.30 Time Not Exceeded

Bello v. C.O. Bryan Long

Inmate Could Not Have Exhausted Remedies Within 14 Days; §1983 Action Is Dismissed

The People v. Lawrence

Verdict Conviction for Endangering Welfare Of Child Against Weight of Evidence, Reversed

USA v. Price

Re-Sentenced Drugs Defendant Ineligible for Reduced Sentence Under 18 USC §3582(c)(2)

Nieves v. City of N.Y.

Nothing in Facts Indicate Property Damage Exceeded Reasonable Search by Police

Tekvet Technologies, Co. v. Crystaltech Web Hosting, Inc.

Breach, Other Claims Over Proprietary Data's Deletion Stand; Bailment, Care Duty Noted

Estate of Sheahan

Brother's Cross-Petition for Stay, Letters Struck Unless Bond Filed for Discovery to Proceed

IME Watchdog, Inc. v. Baker, McEvoy, Morrissey & Moskovits, P.C.

IME Watchdog Meets CPLR 6301 Criteria For TRO; May Appear to Only Observe at PE

Carmichael v. Chappius

'Batson' Violated by Prosecutor's Discriminatory Use of Peremptory Challenges; Habeas Granted

General Mills, Inc. v. Chobani, LLC

Chobani Denied Relief From Injunction Barring It From Claiming Yoplait Ingredient 'Unsafe'

Lever v. Entergy Nuclear Operations Inc.

'Hybrid' §301 Claim Over Termination Time Barred Under Six-Month Limit Period

USA v. Keith

'Franks' Hearing Denied, Inference of Images' Hoarding Noted in Suppression's Denial

Pikoulas v. Hardina

Landlord Established Entitlement to Judgment For Unpaid Rent; Denial Order Reversed

Matter of United Federation of Teachers v. N.Y. City Board of Collective Bargaining

Court Upholds BCB's Finding UFT's Failure To Process Member's Appeal Arbitrary

Buczek v. Tirone

'Rooker-Feldman' Doctrine Not Triggered By Parallel Litigation; Claims Res Judicata

Popkin v. Kopoulos

Attorney Granted Summary Judgment On Claim for Legal Fees Against Ex-Client

Genting N.Y., LLC v. N.Y. City Environmental Control Board

Dismissal of Motion for Vacatur of Respondents' Decision Denied for Lack of Jurisdiction

HSBC Bank USA v. Jefferson

Court Awards Sanctions Against Bank's Counsel For Pursuing Case Without Standing

324 W. 84 Realty LLC. v. Ventresca

Tenant Fails to Show Fraud to Entitle Court To Examine Beyond Four Year Look Back Period

Peru Leasing, LP v. Foronda

Tenants Granted Additional Discovery Likely To Clarify Nuisance Allegations by Landlord

U-Trend N.Y. Investments L.P. v. US Suite LLC,

Court Finds No Grounds to Recuse Itself From Further Proceedings, Denies Motions

Pavlova v. Allstate Ins. Co.

Provider Fails to Meet Burden by Failing To Provide Required Information Under a Code

Inland Diversified Real Estate Service v. Keiko N.Y., Inc.

Landlord Fails to Show Entitlement To Indemnification for 'Additional' Rent

Severstal Wheeling, Inc. Retirement Committee v. WPN Corp.

Counsels' Reasonable Proposed Hourly Rates Reduced for Block Billing, Duplicated Work

Dickerson v. Novartis Corp.

Woman's Claims Severed From Class Claims, Transferred to Northern District of Texas

Alsaifullah v. Smith

State Inmate Denied §2254 Habeas Relief From Penalties After Disciplinary Proceeding

St. George Tower v. Ins. Co. of Greater N.Y.

Endorsement Not Triggered by Discovery Repairs Needed to Bring Property to Code

Scott-Iverson v. Independent Health Assoc., Inc.

Court Explains Grant of Expenses Incurred In Compelling Attendance for Depositions

Hamilton Heights Terrace Assoc. v. Fernandez

Termination Notice Inadequate, Fails to Comply With Federal Regulations; Petition Dismissed

Matter of the Sinzheimer

Trustee Fails to State Claim for Conversion For Bank's Failure to Give Assets to Sole Trustee

The People v. Kocot

Manifest Necessity Present, Continued Prosecution Not Barred by Double Jeopardy

Cooper v. Cooper

DRL Factors of Temporary Maintenance Award Found Unjust, Inappropriate, Award Declined

E. R. S. v. B. C. S.

Husband Entitled to 20% of Proceeds of Home Sale Bought Mostly by Wife's Separate Property

Flushing Traditional Acupuncture, P.C. v. Auto Club Ins. Assoc.

Panel Reverses, Remits Order Granting Insurer Dismissal Of Provider's Complaint

The People v. Moye

Witness Found Unavailable to Testify Due to Defendant's Misconduct

Sasson v. Presse

Actual Controversy Pleaded in Suit to Declare Rights as to Trademark Used in Commerce

Cosme v. Lee

Habeas Relief Procedurally Barred as Asserting Claims Able to Be Raised Only on Direct Appeal

Fu v. Mee May Corp.

Delivery Workers Are Denied Certification Of FLSA Collective Action Against Eatery

Myers v. Police Officer Patterson

Qualified Immunity Vacated, Suit Remanded For Record's Expansion on Grounds for Arrest

Inficon, Inc. v. Verionix, Inc.

Arbitrator's $6.3M Award Over Gas Sensors Sold During 'Earn Out' Period Confirmed