This Week's Summaries

La Madrid v. Lindenhurst Fire Department, Inc.

Landlord, Fire Department Entitled To Judgment Dismissing Claims Against Them

Bonacci v. Brewster Service Station, Inc.

Doctrine of Res Ipsa Loquitur Applicable Entitling Plaintiff to Judgment on Liability

Ficaro v. Alexander

Court Awards 1% Prejudgment Interest To First Law Firm in Settlement Distribution

Bluff Point Townhouse Owners Assoc., Inc. v. Kapsokefalos

Court Enjoins Homeowners From Future Painting of Exterior in Nonconforming Colors

Hamilton v. Warden

Muslim Inmate Fails to State Eighth Amendment Claim But States Claims Over ESH Confinement

Ceona Pte Ltd. v. BMT Giant

Award For Charter's Breach Partly Confirmed; Request for Legal Fees Denied as Unsupported

Cross v. City of Albany

Officer Lacked Suspicion to Stop Taxi, But False Arrest Claim Over Tickets' Issuance Dismissed

New Greenwich Litig. Trustee, LLC v. Citco Fund Servs. (Europe) B.V.

Dismissal of Derivative Suits Arising From Ponzi Scheme Under In Pari Delicto Doctrine Affirmed

Gisinger v. Partners

WARN Suits Referred to Bankruptcy Court; Actions' Consolidation Denied as Moot

Great American Ins. Co. of NY. v. CNY Excavating and Concrete, LLC

Defendant Fails to Establish Basis for Venue Change in Insurance, Breach of Contract Suit

Aponte v. N.Y. City Housing Auth.

Tenants Granted Directed Verdict on NYCHA's Liability in Failing to Eradicate Bedbug Issue

Matter of L.

Spouses in Same-Sex Marriage Granted Standing to Legally Adopt Parties' Children

The People v. Feliciano

Trial Proof Legally Sufficient to Establish Obstruction, Resisting Arrest Convictions

Matter of Elijah J.

Mother Better Suited Than Father, Appointed Guardian of Developmentally Disabled Son

Mills v. Genesee County

Dismissal Ruling Not Vacated, Rule 11 Sanctions Denied; 'Extraordinary Circumstances' Not Shown

Johnson v. USA

14-Year Delay in Filing Rule 60(b) Motion 'Unreasonable'; Audita Querela Relief Denied

Brown v. a 1998 Dodge

County Ordered to Release Vehicle to Non-Criminal Defendant in Civil Forfeiture Suit

Thieriot v. Jaspan Schlesinger Hoffman, LLP

Bulk of Law Firm's, Partners' Limine Motions In Malpractice Suit Over Home's Sale Denied

Orosz v. Regeneron Pharmaceuticals, Inc.

Title VII Pregnancy Discrimination For Failure to Hire Claim Is Stated

Power UP Lending Group, Ltd v. Murphy

Forum Clause Enforceable Against Principals Who Entered Compact on Corporation's Behalf

M.G. v. D.G.

Husband Entitled to Equity in Marital Residence Minus Wife's Origination Credit, Mortgage Owed

Matter of Sean O.

Hearing Evidence Shows Disabled Person Did Not Need Article 17-A Guardian

Vayngurt v. Southwest Credit Systems, L.P.

Collection Fee Due When Collection Notice Sent; Sentence Did Not Contradict Validation Notice

Troman v. American Federation of State

Parent Union's Constitution Not Violated When Administratorship Imposed on Affiliate Local

The People v. Omnipotent Unique Drayton

Court Declines to Apply 'Dubarry' Retroactively, Vacatur of Murder Convictions Denied

The People v. Alcantara

Resisting Arrest Charge Unauthorized As Underlying Counts Facially Insufficient

The People v. DeRaffele

Defendant Deprived Constitutional Right To Present Defense; Convictions Reversed

Al-Qadaffi v. Acacia Network

Dismissal of Muslim Shelter Resident's Claims Over Halal Meals Is Explained

Phoenix NLP, LLC v. Capital Hotel, Inc.

Prima Facie Case for Judgment of Mortgage Foreclosure Made; Attorneys' Fees Explained

Will of Fink

Remainder of Trust Created Under Will To be Paid to Remainder Beneficiary's Estate

The People v. Cherry

Information Facially Insufficient to Support Attempted Tampering With Evidence Charge

The People v. Woods

Menacing Requires Intent to Frighten, Fear Of Imminent Danger; Dismissal Denied

AMA Acquisitions Trust v. Argent Mortgage Co., LLC

Suit Not Dismissed But Trust Cannot Proceed Unless Represented by Admitted Attorney

ACP Investment Group, LLC v. Blake

Award Confirmed; Vesting Issue Within Scope Of Agreement's Broad Arbitration Clause

USA v. Escalera

Rule 16 Discovery Denied in Inmate Assault Case But Inmates' Identities Must Be Sought

Brion v. Moreira

Law Firm States Claim for Contribution, Not Malpractice Against Probate Attorney

Matter of Beroukhim v. N.Y. City Environmental Control Board

Court Expresses Concerns on ECB's Hearing Procedures, But Denies Petitioner Vacatur

Reyes v. 105-05 69th Avenue LLC

Sufficient Circumstantial Evidence Raises Triable Issues; Motion on §240(1) Claim Denied

Flores v. Thornwood LDT, LLC

Defendants Granted Leave to Amend Answer To Assert Lack of Standing Defense

Cosentino v. Debler

Plaintiff Fails to Meet Requirements Of CPLR 3016(a), Defamation Claims Dismissed

Arch Trading Corp. v. The Republic of Ecuador

Ecuador Entities Not Engaged in Commercial Activity in U.S.; FSIA Takings Exception Inapplicable

OneCall Ltd. v. iYogi, Inc.

Firm Is Entitled to $145,270 Plus 9 Percent Prejudgment Interest for Contract's Breach

USA v. Marinello

Omission Is Way Tax Code's Administration May Be Corruptly Impeded Under §7212(a)

Livsey v. Nyack Hospital and Rockland Thoracic and Vascular Associates, P.C.

Catheter/Stent Left in Patient After Surgery Deemed Foreign Object, Not Fixation Device

Old Country Road Realty, LP v. Zisholtz & Zisholtz, LLP

Tenant's Claim 5% Late Fee Usurious Rejected, Landlord Granted Summary Judgment

T11 Funding v. Lewis

No Requirement to Personally Exhibit Referee's Deed; Defendant, Served, Judgment Granted

USA v. Flores

Cocaine Defendants' Statements Voluntarily Given After 'Miranda' Waiver Not Suppressed

Olson v. Superintendent Connolly

Burglar Showed Awareness of Pleading Guilty To Separate Charges; Habeas Relief Denied

Peeq Media, LLC v. Buccheri

Jurisdiction, Venue, Proper for Diversity Suit Claiming Fiduciary Duty Breach, Aiding, Abetting

Amin v. Hulihan

Manslaughter Convict Denied Habeas Relief; Court Aware of Mental History During Trial

14502 Corp. v. Doe

Stipulation of Settlement Granting Possession Vacated Due to Parties' Mutual Mistake

River Park Residences, L.P. v. Boylan

Court Grants Petitioner Award for Rent Arrears, Less Abatement for Mice Infestation

Park Front Apts. LLC v. Peterson

Factual Questions on Waiver, Applicability Of HUD Handbook Preclude Parties' Motions

Gazzola v. County of Nassau

§1983 Claims Against County Survive in Suit Over Jail Inmates' Inadequate Medical Care

Concourse Green Associates, LP v. Patterson

Landlord's Notice in Summary Holdover Alleging Illegal Assignment/Sublet Defective

Pfeffer v. N.Y. City Depart. of Finance

Class Certification Granted in ADA Suit Over Rent Freeze Program's Administration by Agency

Pearl River Union Free School District v. King

Letter of Findings Not 'Final Agency Action' Subject to Judicial Review; APA Suit Dismissed

2138747 Ontario, Inc. v. Samsung C & T Corp.

N.Y. Borrowing Statute's Time Limit Provisions Render Breach Suit Untimely Under Ontario Law

USA v. Thomas

'Expert' May Not Testify; Convictions May Be Cross-Examined But Not Raised in Case-in-Chief

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

FRCP 37(a)(5)(B) Award of Expenses, Legal Fees for Opposing Motion Explained

Koiv-Urban v. Mekies

Failure to Show 'Due Diligence' Requirement Of CPLR 308(4) Denies Default Judgment

Shaw v. Shaw

Father Denied Relief From 15-Mile Provision In Agreement, But Time to Do So Extended

Matter of T.M. v. J.K.

Court Found Deviation in Child Support From Presumptively Correct Amount Unwarranted

The People v. Franco

Time Since DA Declined to Prosecute Chargeable to Them; Dismissal Granted

Alden v. Gambino

Summary Judgment Denied, But Conditional Sanctions Granted Against Plaintiff Doctor

Broman v. Long Island Floor Store, Inc.

Motion to Quash Subpoena by Non-Party Manufacturer Denied, Granted to Wife

The People v. Peterson

Prosecutors Properly Establish Public Lewdness Charge at Hofstra Occurred in Public Place

Meeker v. Starfish Children's Services

Diversity Suit Over Child's Adoption Dismissed Under 28 USC §1406(a) for Improper Venue

Mann v. USA

§2255 Relief Denied; No Basis to Overcome Voluntary Waiver of Challenges to Sentence

The People v. Cutlip

Probable Cause to Arrest For Possession Of Gravity Knife Found, Suppression Denied

Juliana Sci v. Friedman

Triable Issue of Fact, Conflicting Expert Opinions Denies Dismissal of Malpractice Suit

Kenyon v. Simon & Schuster, Inc.

Publisher Must Produce Documents Responsive To Author's Subpoena in Mark Confusion Suit

Rojas v. Port Auth. of N.Y.

Discrimination Suit Is Dismissed; Claims Under Title VII, §1983, 'Monell' Not Stated

Stern v. Starwood Hotels and Resorts Worldwide, Inc.

Discovery Incomplete; Dismissal of Personal Injury Suit, Striking of Answer Denied

Towers Food Serv., Inc. v. N.Y. City Health and Hosps. Corp.

Upon Renewal, Reargument in Prior Contract Breach Claim, Court Adheres to Prior Decision

Matter of Branch

AG's Motion Granted, Court Finds 2012 Will Did Not Effectively Revoke 2006 Trust

Diby v. Kepco Inc.

FMLA Interference, Retaliation Claims Dismissed Unless Complaint Is Amended