This Week's Summaries

The People v. Kamara

Prosecutors Stopped Speedy Trial Clock; 183 Of 184 Days Chargeable, Dismissal Denied

Matter of Johnson

Court Rules Decedent's Spouse Disqualified From Sharing in Proceeds of Settlement

LG Capital Funding, LLC v. Vape Holdings, Inc.

Breach Action Litigant Denied Injunction Requiring Note's Conversion Into Stock Shares

Metal Bulletin Ltd. v. Scepter, Inc.

Infringement Claim Is Barred by Agreement's Clause Mandating Application of English Law

Coleman v. System Dialing LLC

Consideration Supported Agreement; Claims By Late Musician's Guardian Must Be Arbitrated

The People v. Sanchez

Reckless Endangerment Charge Dismissed, No Substantial Risk of Injury Found in Conduct

The People v. Bridgewater

Rapist Denied Vacatur of Conviction, Enjoined From Further Motions Without Leave of Court

Tomscha v. General Services Administration

Dismissal of GSA Employees' APA Challenge To Lease of Space at 9/11 Site Is Explained

Yulia C. v. Angelo C.

Wife Fails to Offer Sufficient Evidence for Court To Decide Paternity, Sole Legal Custody Issues

The People v. Sease

Claim of Ineffective Assistance of Counsel Undermined by Record; Vacatur Denied

Chettri v. Nepal Rastra Bank

FSIA's 'Commercial Activity', 'Taking' Exceptions Inapplicable; Bank, Department Regulators

USA v. Rowland

Governor Properly Convicted for Documents 'Falsifying' his Relationship With Candidates

Matter of Special Prosecutor

Court Declines to Appoint Special Prosecutor In All 59 of One Attorney's Cases With DA

Matter of Mitchell

Successor Property Guardian Granted Money Judgment Against AIP's Attorney-in-Fact

The People v. Sosa-Lopez

Defense Motion Challenging Constitutionality Of Statute Denied, Motion to Be Served on AG

Matter of Gianni V.

Vacatur of Default in Proceeding Seeking Liability for Infant's Lost Funds Granted NYCB

PL v. RL

Father Fails to Establish Children Abandoned Him to Warrant Termination of Support

OneWest Bank v. Guerrero

OneWest Held Standing to Foreclose on Mortgage But Compliance With RPAPL §1304 Not Shown

Catalano v. BMW of North America, LLC

Claim BMW Fraudulently Concealed Defects Survives But Discovery Request Overly Broad

Ray v. Samsung Electronics America, Inc.

Washing Machine Not Shown Defective at Sale, Magnuson-Moss Claim's Dismissal Explained

Alstom Brasil Energia E Transporte Ltda. v. Seguros

Subrogee Insurer Bound By Underlying Pact's Arbitration Clause; Arbitral Award Confirmed

Haynes v. Acquino

Special Interrogatory Responses Show Probable Cause to Arrest, Entitlement to Immunity

Schaeffler v. USA

Petition to Quash IRS Summons Dismissed As Mooted by Summons' Withdrawal by IRS

Rog v. MK North America, Inc.

N.Y. LLCs Permissively Joined in Worksite Injury Action Remanded to State Court

USA v. Al Sabsabi

Sentence on Syrian Immigrant for Conspiring To Sell Counterfeit U.S. Currency Explained

Vladeck, Raskin, & Clark, P.C. v. Camme

Law Firm Denied Summary Judgment in Lieu Of Complaint on Judgment Against Ex-Client

Lehrman v. N.Y. City Depart. of Edu.

Teacher's Discrimination Suits Against DOE Found Untimely, Complaint Dismissed

BLT Steak LLC v. Liberty Power Corp, L.L.C.

Plaintiffs Granted Leave to File Amended Complaint Converting Suit to Class Action

Rabun-Wood v. Fresh Direct Holdings LLC

Triable Issues on Accident's Occurrence Precludes Summary Judgment to Both Parties

Gleeson v. Phelan

Debtor Denied Cross-Motion to Dismiss Lenders' Motion for Reimbursement

Deep Woods Holdings LLC v. Pryor Cashman LLP

Sought Documents Not Protected by Attorney/ Client Privilege for Jointly Represented Clients

Avis Budget Car Rental, LLC v. JD2 Environmental, Inc.

Rulings in JFK Sewage Backup Suits Explained; Improper 'Mark-Out' of Sewer Lines Noted

Gilman v. Marsh & McLennan Companies, Inc.

Employees Fired for Cause for Refusing Firm's Order to Explain Roles in Bid-Rigging Scheme

USA v. Rodriguez

Reduced Sentence Denied; Amended Guidelines Range Not Lower Than That in 1994, 1998

Celltrace Communications Ltd. v. Acacia Research Corp.

Parties Did Not 'Try in Good Faith' to Arbitrate Before Litigating; Arbitration Is Compelled

Slep-Tone Entertainment Corp. v. Golf 600 Inc.

Bar Owner's Contributory Liability for Karaoke Marks' Infringement Adequately Pleaded

West Investors LLC v. New Cingular Wireless PCS LLC

Tenant Establishes Installation of HVAC Unit Permitted Under Lease; Holdover Dismissed

Franchino v. The Roman Catholic Archdiocese of N.Y.

Fired Employee's Suit Alleging Title VII, ADEA Violations Dismissed; Claim Not Stated

Deutsche Bank National Trust Co. v. Barquero

Bank's Motion to Renew/Reargue Prior Court Order for Summary Judgment Denied

Teman v. Braverman

Doctor Granted Dismissal of Patient's Complaint for Improper Service

Mollo v. Geico Ins. Co.

Triable Issues Remain in Insurer's EUO No-Show Defense in No-Fault Benefits Recovery Suit

Esplanade Gardens, Inc. v. Simms

Termination Notice Nullified by Accepting Rent After Termination, Before Commencing Suit

U.S. Bank v. Getfield

Bank Fails to Establish Standing to Sue Without Details of Note's Physical Delivery

Schillaci v. Town of Islip

Town's Lack of Notice Defense Shown to Lack Merit, Dismissed in Personal Injury Action

McCulloch Orthopedic Surgical Services v. Group Health Ins. Incorporated

Insurer Fails to Meet Burden on Dismissal Motion of Doctor's Promissory Estoppel Claim

Goldstein v. The Sagamore Resort

Court Finds Summary Judgment to Defendants Improper At Junction in Trip And Fall Action

The People v. Pagano

Court Finds 80 Points on RAI Appropriate, Designating Defendant Level II Sex Offender

Matter of Flinn v. Annucci

Respondent Denied Dismissal of Inmate's Appeal to Denial of Participation in FRP

Vladenn Medical Supply Corp. v. State Farm Mutual Automobile Ins. Co.

Provider's Failure to Appear for EUOs Granted Insurer Summary Judgment; Order Affirmed

Jones v. Artus

Habeas Relief Denied; Claims Unexhausted, Procedurally Defaulted or Fail on Merits

Joseph v. The Metropolitan Museum of Art.

Action Over Museum's Display of Paintings 'Inaccurately' Depicting Jesus Is Dismissed

In re: Orrin S. Anderson

'Hill' Factors Weigh Against Arbitration Of Credit Card Holder's 11 USC §524 Claim

JMC Restaurant Holding, LLC v. Pevida

Denial of Sanctions for Alleged Discovery Abuses, Fraud in Infringement Case Explained

Hilt Construction & Management Corp. v. The Permanent Mission of Chad to the United Nations in N.Y.

Chad's Ambassador to U.N. Immune, Mission Defectively Served; Breach Action Dismissed

Griffin v. Delvecchio

Excess Force, Battery Claims Survive in Suit Over Police, Not Ambulance, Response to 911 Call

The People v. Othman

Conviction for Reckless Driving Affirmed As Court Properly Exercised Discretion

Jacob v. Duane Reade, Inc.

Denial of Duane Reade's Bid to Decertify Class, FLSA Collective Action Explained

Moritz v. Town of Warwick

Except for Malicious Abuse of Process, §1983 Claim Pleaded Over False 'Stalking' Charge

MIC General Ins. Co. v. Chambers

Insurer Must Defend Absentee Landlord In Tenant's State Action Over Injury to Son

Butler v. Ross

Accounting Action Adequately Pleaded, Timely Under Six-Year Limitation Period

Will of Rivera

Material Issues Exist Concerning Decedent's Capacity, Proponent's Undue Influence

D.K. v. M.T.K.

Husband Fails to Show Circumstance Change, Downward Modification of Support Denied

The People v. C.H.

Suppression of Calls in Rikers Denied; Within Parameters of DOC Regulatory Authority

U-Trend New York Investment L.P. v. US Suite LLC

Court Grants Reargument, Upon Same Adheres To Prior Determination on Distribution

Estate of Bullard

Co-Executor Denied Dismissal of Accounting Proceeding; Leave to Add Claim Granted Creditor

The People v. Meadow

County Court Erred in Allowing Witness Testimony on Victim's Out of Court Statements

VF v. LF

Evidence Established Wife Acted Unfairly; Motion to Set Aside, Vacate Stipulation Granted

Matter of Dennard R

Court Permits Parents Added Monthly, One Lump Sum Withdrawal From Ward's Funds

Matter of Zoila A v. Luis T.

No Good Cause for Substitution of Assigned Counsel Show; Motion to Be Relieved Denied

Cianciullo-Birch v. Champlain Centre North LLC

Motion to Compel Authorizations for Medical Records Granted as Material, Necessary

Estate of Oscarsson

Evidence Established Decedent's Paternity Over Child Born After His Death

Deferio v. City of Syracuse

Protestor Cannot Be Excluded From Pride Festival Due to Buffer Zone's Establishment

Roberge v. McAndrew

Medical Malpractice Claims Dismissed For Failure to Exhaust Remedies Under FTCA

Cincinnati Ins. Co. v. Roy's Plumbing, Inc.

Sewage is Pollutant Under Policy's Exclusion; Insurer Need Not Defend, Indemnify Contractor

IP Cube Partners Co., Ltd. v. Telecommunication Systems, Inc.

Dismissal of Fraud, Misrepresentation Claims In Breach Suit Over Patents' Licensure Explained

Brown v. Diversified Maintenance Systems, LLC

LLC's Disclaimer of Members' N.Y. Citizenship Insufficient to Establish Diversity Jurisdiction

Phillips v. Lynch

Claim Over Naturalization Application's Denial Accrued by June 2000; Suit Untimely

Szukala v. Colvin

Evidence Did Not Support ALJ's RFC Finding; ALJ Erred by Relying Solely on 'Grids'

Perry v. The People

Habeas Relief Denied; Guilty Plea Voluntary, Counsel's Conduct Not Unreasonable

Nelson v. Rosenkranz

Defendant Granted Reverse Summary Judgment In Plaintiff's Favor on Contract Breach Claim

Liu v. Bathily

Parties' Motions for Summary Judgment Dismissing, Amending Complaint Denied

Provek Plus, Inc. v. Tri-State Consumer Ins. Co.

Leave to Renew Should Have Been Granted Insurer; Order Reversed, Judgment Granted

Matter of Puerto v. Doar

Public Aid Recipients Cannot Avoid Sanctions By Curing Noncompliance With Work Activity

McConville v. Montrym

§1983 Medical Indifference Claim Stands; Pre-Trial Detainee's Medical Condition Known

Edwards v. Zipcar, Inc.

Defendants Fail to Show Prima Facie Case Plaintiff Did Not Sustain Serious Injury

Han v. Lo

Dog Owners Granted Dismissal of Physical Injury Claim; Medical Costs Claim Preserved

Fayenson v. Taxopark, Inc.

Tenants' Failure to Provide Notice of Month- To-Month Tenancy Waives RPL §232-a Notice