This Week's Summaries

People v. Washington

Plea Not Voluntarily, Intelligently or Knowingly Made; Defendant Granted Vacatur of Conviction

O.F.I. Imports Inc. v. General Electric Capital Corp.

Agreement's Terms, Disclaimer Bar Fraud, Tort Claims in Suit Over Firm's Purchase Price

Matter of Cassandra

Petitioner Directed to Use Special Mail Service To Notify Foreign Parties of Pending Proceeding

Matter of Axel O.

Instant Messages Complainant Sent to Mother Regarding Alleged Sexual Assault Inadmissible

Tellez v. OTG Interactive, LLC

Fraudulent Inducement Claim Fails But Engagement in SOX-Protected Activity Stated

Delacruz v. City of N.Y.

Rikers Inmate's Claim City Interfered With Legal Mail Fails; Affirmative Action, Policy Not Shown

The People v. Sanon

Prosecutors Meet Requirements of 'Abe A.', Granted Motion to Compel DNA Buccal Swab

Sarr v. Saks Fifth Ave. LLC

Defendants Entitled to Dismissal of Former Employee's Retaliation, Discrimination Claims

Stubby Strip, LLC v. Food Market Merchandising, Inc.

Infringement Suit Dismissed; Claim Deemed Abandoned, Licensee Did Not Own Copyright

Cael Technologies (Pvt.) Ltd. v. Precise Voting, LLC.

Firm's Failure to Obtain Counsel Warrants Default Judgment in Infringement Action

Proceeding for Meir

Article 17-A Guardianship Not Least Restrictive Method to Address Autistic Son's Needs, Denied

Obsessive Compulsive Cosmetics, Inc. v. Sephora USA, Inc.

OCC Sufficiently Pleads Elements of Contract Breach Against Sephora; Dismissal Denied

Tam Medical Supply Corp. v. American Transit Ins. Co.

Insurer's Cross-Motion For Dismissal Of Provider's Second Cause of Action Denied

Trump v. Trump

Court Declines Press Movants' Motion to Vacate Sealing of Trumps' Divorce Judicial Records

U.S. Bank Trust, N.A. v. Dupre

Bank's Filings Do Not Show That Citizenship Alone Counts When Suing on Trust's Behalf

McGroarty v. U.S. Rare Earths, Inc.

Award for Settlement's Breach by Failure To Buy Shares, Issue Opinion Letter Affirmed

Davis v. Platinum Rapid Funding Group, Ltd

Fraud, Civil Usury, and Illegal Contract Claims Fail; Defendant Granted Dismissal

Immigrant Defense Project v. United States Immigration and Customs Enforcement

ICE, DHS Must Conduct Further FOIA Searches; Searches Using Plural Nouns Only Not Justified

Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group, Inc.

Counterclaim May Be Amended to Assert Infringement, Trade Secret Theft Violating DTSA

Empower Energies, Inc. v. SolarBlue, LLC

Preliminary Injunction Denied; Irreparable Harm Not Shown in Solar Compact Breach Suit

Matter of McNamara v. Jeffrey Edwards & Woodbury Nassau Builders Consulting Corp.

No Adequate Grounds Support Granting Petitioners' Motion to Vacate Arbitration Award

Merchant Cash & Capital, LLC v. Randa's Bakery, Inc.

Plaintiff Granted Default Judgment Against Defendants; Court Rejects Usury Claims

U.S. Pipelining, LLC v. Bancker Construction Corp.

Rider's Valid Forum Clause Requires Suit Be Brought in N.Y. State Supreme Court

Santiago v. Park Ambulance Service Inc.

Dismissal of Complaint Denied for Failing To Comply With Statutory Precondition

Williams v. USA

Court Cannot Determine if 2008 Conviction Is 'Crime of Violence' Under Guidelines

Day v. Summit Security Services Inc.

Labor Law §215 Applicable to HHC, Denying Dismissal of Retaliation Claim by Ex-Worker

121 Post Avenue LLC v. Rosario

Tenant Awarded Partial Summary Judgment; Legal Regulated Rent $1,000 From 2005-2015

Cooperativa Agraria Industrial Naranjillo Ltda. v. Transmar Commodity Group Ltd.

Co-Op Granted Award's Vacatur; Arbitration Clauses Ineffectively Incorporated Into Contracts

155 W 162 Street LLC v. Services for the Underserved

Failure of Landlord to Comply With RPAPL §735(1)(b) Warrants Vacatur of Default

Amiano v. Greenwich Village Fish Co., Inc.

Fact Issue if Reasonable Expectation Doctrine Applies Denies Dismissal of Negligence Claim

Official Committee of Unsecured Creditors v. Haltman

Adverse Inference for Defunct Firm's Executives' Spoliation of Evidence Is Not Reconsidered

Urena v. Swiss Post Solutions, Inc.

ASPCA, But Not Outsourcing Firm, Dismissed From Fired Worker's ADA Disability Bias Suit

Ali v. N.Y. City Transit Auth.

NYCTA, Driver Breached Duty to Allow Reasonable Time for Passengers to Exit Bus

Woods v. Tompkins County

Risk of Institutionalization Is Per Se Disability Bias; Failure to Accommodate Claim Dismissed

USA v. $7,877.61 US. Currency

Seized Currency May Be Returned Subject To Offset for Delinquent Child Support Debt

DeJesus v. JFK Park and Go, Inc.

Bailment Established for Both Vehicle, GPS; Defendant, not Owners, Liable for GPS' Loss

Matter of Bracco's Clam & Oyster Bar Inc. v. N.Y. State Liquor Auth.

Court Lacks Jurisdiction as Petitioner Failed To Exhaust All Administrative Remedies

Wilder v. News Corp.

SAC's Dismissal Not Reconsidered; Claims Did Not Relate Back to Amended Complaint

Mermaid Landings LLC v. GDM Ltd., Inc.

Service Failure Noted in Denial of Default Judgment in Suit Over Defective Houseboat

McGowan v. Kay

Triable Issues Exist if IES Can be Vicariously Liable for Non-Employee Anesthesiologist

Comcast Corp. v. Rovi Corp.

EDTX Must Decide if ITC Infringement Action Arose From Compact Bearing N.Y. Forum Clause

Matter of Hendricks v. Annucci

Inmate Fails to Show Prejudice, Hearing Officer Remedied Inadequacies; Petition Dismissed

Brazee v. Essex County

County's Deed After Tax Foreclosure Barred Plaintiff of Rights by Adverse Possession

Matter of Panattieri v. The City of N.Y.

Dog Owners Fail to Show Health Code Preempted by State Law; Petition Denied

H&R Block Tax Services, LLC v. Strauss

Balance of 'Winston' Factors Weighs Against Enforcement of Unsigned Settlement Pact

Tanasi v. New Alliance Bank

'Campbell-Ewald' Requires Opportunity To Show Class Certification Is Warranted

Commissioner of the Depart. of Social Services of the City of N.Y. v. N.Y.-Presbyterian Hospital

NYPH Granted Dismissal of DSS's Motion To Recover Monies It Previously Paid

Bank of N.Y. Mellon v. Knowles

BNY Establishes Standing, Entitlement To Summary Judgment in Foreclosure Action

Donohue v. 90 North 5th Street, LLC

Panel Reverses Judgment Dismissing Unit Owner's Small Claims Action for Damages

US v. Hernandez

Condition That Defendant Not Attend Church With Minors Violates First Amendment

Estate of Sucich

Husband Found Not Authorized to Act For Incapacitated Wife in Probate Proceeding

A.G. v. S.G.

In Matter of First impression Court Considers Children's Income in Calculating Child Support

Live Face on Web, LLC v. Biblio Holdings LLC

Third Party's Acts Apparently Limit Infringement Claim Over Firm's Right to Distribute Software

Vaccaro v. Bank of America

Claims Over Boat's 2008 Marine Survey Estopped; Bank's Negligence Not Shown

S.E. v. M.E.

Referee's Report Finds Husband's Transfer Of Stock Done in Anticipation of Divorce Suit

Thior v. Jetblue Airways, Inc.

Pilot Cannot Amend Bias Complaint; Pattern, Practice Claim Not Individually Cognizable

The Hemmerdinger Corp. v. Ruocco

Judgment, New Trial, Set-Off Hearing Denied In RICO Case Arising From Mall's Remediation

LeRoi, Inc. v. CSC3C, Inc.

Action Over 'Skull Design's' Infringement Survives Jurisdictional, Venue Challenge

Will of Hills

Objections of Lack of Capacity, Undue Influence Dismissed; Will Granted Probate

Jenkins v. Hamilton

DOCCS Must Justify in Writing if It Intended To Continue With Various Parole Conditions

Matter of S.A. v. M.H.

Mother Granted Writ, Father Ordered To Produce Children For Extended Visit in NY

Matter of Cichanowicz

Proceed From Sale of Developmental Rights Flows Through Residuary, not Specific Devisee

Matter of Blum

Morphology Report, Petitioner's Unsupported Statements Insufficient to Warrant DNA Test

Wilmington Savings Fund Society, FSB v. Cash America International, Inc.

Spin-Off Breached Indenture, Was Continuing Default Entitling Noteholders to 'Make-Whole' Fee

Girau v. Europower, Inc.

'Supply Chain Defendants' Cannot Be Added To Hurt Worker's Suit Over Defective Hose

The People v. Lentini

Statements, Residence's Evidence Admissible, Denied Suppression; Bag's Items Suppressed

The Univ. of Pittsburgh v. Lexington Ins. Co.

Policy Required Insured Firm to Provide More Notice Than 'Trouble Brewing at Pittsburgh'

Ciafone v. Jofs for NY, Inc.

Plaintiff's Action Brought Under CPLR 205(a) Commenced Prematurely; Dismissal Granted

Mercury Capital v. Prezi-Dent Lab, Inc.

Lessor Granted Dismissal of Lessee's Affirmative Defenses, Granted Motion on Issue of Liability

Lipin v. Danske Bank

Claims of Bias, Impropriety Against Court Found Meritless; Motion For Recusal Denied

Auguste v. The City of N.Y.

Driver Granted Summary Judgment Against City as To Liability for Rear-End Collision

Gilbane Bldg. Co. v. St. Paul Fire & Mar. Ins. Co.

CGL Policy's 'Additional Insured' Clause Covered Only Those Contracting Directly With Insured

Tufamerica, Inc. v. EMI Unart Catalog, Inc.

EMI Granted Dismissal of Conversion Claims For Two Songs, Denied Regarding Five Others

Xaleron Pharmaceuticals, Inc. v. Actavis, Inc.

Defendants' Denied Pre-Answer Dismissal Of Plaintiff's Unfair Competition Complaint

Ekryss v. Ignite Restaurant Group, Inc.

Eatery Guidelines' Dispute Resolution Program Not Illusory; Pay Claims Must Be Arbitrated

Tutka v. Optimum Construction, Inc.

Failure to Exhaust Remedies Leads to FLSA, RICO Kickback Suit's Dismissal Absent Prejudice

Guo v. IBM 401(k) Plus Plan

Tolling Not Warranted for Time-Barred Claims in ERISA Suit Over 401(k) Benefits

Chesapeake Energy Corp. v. Bank of N.Y. Mellon Trust Co.

Damages Award for Difference Between 'At-Par', 'Make Whole' Prices for Notes' Redemption Correct

In re: Ener1, Inc.

Court Lacks Jurisdiction Over Claim Non-Compete Clause Breach Off-Set Recovery on Claim Proof

Shinnecock Neighbors v. Town of Southampton

Petitioners Have Standing to Challenge Local Law Rezoning Area Near Shinnecock Canal

Equitable Management Co., LLC v. Perez

Defective Rent Demand Requires Dismissal Of Summary Nonpayment of Rent Proceeding

Southstar, LLC v. Smith

USBNA Fails to Show Automatic Stay Under CPLR 1015(a) Inapplicable; Lift of Stay Denied

Tlapanco v. Elges

Civil Rights Action Stemming From Arrest Is Transfered to Eastern District of Michigan

East 10th Street Assoc., LLC v. Ritter Antik, Inc.

Tenants' Counterclaims Not Inextricably Intertwined to Petitioner's Rent Claim

Concourse Green Associates, LP v. Hernandez

Landlord Presents Fact Issues Precluding Summary Judgment in Holdover Proceeding

In re: Kind

Lawsuit Over Snacks' 'All-Natural' Claims Stayed Pending FDA's Rulemaking Process

Niles v. Pan Am Railways, Inc.

Railway Exercised Reasonable Care in Case Where Intoxicated Man Was Struck by Train

125 Court Street, LLC v. Nicholson

Reargument Denied, Order Denying Renewal Reversed, Remitted for Civil Court Decision