In Matter of Application of Tenant Association of 100 Broadway and 381 Berry, Claribel Garcia, Judith Badillo and Lucy Figueroa, For a Judgment Pursuant to Article 78 of Civil Practice Law and Rules v. New York State Division of Homes And Community Renewal and Broadway and Berry Associates, L.L.C. (Sup. Ct., Kings County)
Real Property-Landlord and Tenant
Tenants' Article 78 proceeding seeking judicial review of orders concerning rent-controlled apartments was time barred. Yvonne Lewis, J.
Robert Antenucci v. Reliable Electric, Inc., Lonnie Cialleia (Sup. Ct., Putnam County)
Property owner's damages claim for lost rent in addition to lost profits would result in windfall or zero-sum game. Lewis J. Lubell, J.
People v. Jamie Sutherland (N.Y. App. Div., 2d Dep’t)
Evidence was insufficient to prove value element of third or fourth degree larceny.
People v. Marche Johnson (N.Y.)
Resentencing court's error in allowing defendant to proceed pro se was harmless.
Kisshia Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP (S.D.N.Y.)
Labor and Employment-Discrimination
Being assigned to case that resulted in fewer billable hours was not an adverse employment action. Swain, J.
Citadel Estates, LLC v. New York City Housing Authority (Sup. Ct., Kings County)
Real Property – Subsidized Housing
Landlords’ claims against housing authority had to be adjudicated in Article 78 proceeding. David Schmidt, J.
In the Matter of the Application of Madeline CRUZ, Petitioner, v. THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent. (Sup. Ct., New York County)
Labor and Employment – Public Employment
Employee’s promotion did not render moot action challenging earlier withdrawal of promotion. Anil C. Singh, J.
In re Fosamax Products Liability Litigation; Linda Secrest v. Merck, Sharp & Dohme Corp. (2d Cir.)
Products Liability – Judgment
Court was entitled to disregard expert’s deposition testimony under “sham issue of fact” doctrine.
In re Angela C. v. Harris K. (N.Y. App. Div., 1st Dep’t)
Family Law – Protection Orders
Father’s decision to proceed pro se during family offense case was made knowingly, willingly, and voluntarily.
Bernice Mosca v. Mass LLC (N.Y. App. Div., 1st Dep’t)
Commercial Law – Advertising
Advertising consultant was entitled to 25% of agency's first-year revenues under retainer agreements.