Monday, August 20, 2007

New York Law Journal Decisions of Interest August 20, 2007

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U.S. COURT OF APPEALS,M SECOND CIRCUITCriminal PracticeHobbs Act Requires Jury to Find Robbery of Drugs, Drug Proceeds, Affects Interstate Commerce United States, appellee v. Otis Parkes, defendant-appellant

NEW YORK COUNTYTortsJudge's Defamation Claims Against Time Warner Dismissed; Claims Against Newspaper Proceed Rivera v. NYP Holdings Inc.

NEW YORK COUNTYContractsBreach of Implied Covenant of Good Faith, Fair Dealing Claim Can Stand Without Contract Breach Gross v. Empire Healthchoice Assurance Inc.

NEW YORK COUNTYTortsRescuer's Negligent Infliction of Emotional Distress Suit Allowed to Proceed Against ConEd Cronin v. Consolidated Edison Co. of New York Inc.

KINGS COUNTYCivil PracticePlaintiffs Had Sufficient Excuse for Delay; Leave To File Late Notice of Claim Against City Granted Matter of Rothenberg v. City of New York

NASSAU COUNTYTrusts and EstatesDecedent's Will Did Not Grant Wife Right to Sell Co-op, Only Life Estate And Remainder to Daughter Estate of John Mantineo

NASSAU COUNTYCriminal PracticeAccusatory Instrument Sufficient For PL §240.21 Charge, Insufficient For PL §140.10(a) Charge People v. Terrence J. Martinez

U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKBusiness LawAllegations At Motion to Dismiss Stage Sufficient To Attribute Fraudulent Statements to Defendant Glidepath Holding BV v. Spherion Corp.

U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCivil PracticeContract Suit Is Transferred To Washington; Locus of Operative Facts, Several Witnesses Reside Age Group Limited v. Regal Logistics Corp.

U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKAttorneys' FeesAttorney Is Awarded $38,091 for Legal Fees Instead of Requested $74,312 Chernis v. Swarzman

U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeReview of Claims Is Procedurally Barred On Adequate, Independent State Law Ground Haynesworth v. Fischer

U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCivil PracticeCourt Refuses to Add Restrictive Term Not Stated on Record to Settlement Agreement Medinol Ltd. v. Guidant Corp.

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