New York Law Journal Decisions of Interest August 16, 2007

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• http://www.nylj.com/
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• APPELLATE DIVISIONFIRST DEPARTMENTMotor VehiclesDenial of Dismissal, Under Emergency Doctrine, Of Estate’s Suit Over Accident Should Be Reversed Alamo, plaintiffs-respondents v. McDaniel, defendants-appellants
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  NEW YORK COUNTY
  Torts
  Software Is Ruled Intangible Property Under English Law; Found Not Subject of Conversion Claim
  Van Deventer v. CS SCF Management Limited
  Subscription Required
• NEW YORK COUNTY
  Torts
  Bar Patron Raises Issues of Fact in Negligence Action; Restaurant Denied Summary Judgment
  Fama v. 155 Second Ave. Restaurant Inc.
  Subscription Required
• KINGS COUNTY
  Landlord/Tenant Law
  Landlord Denied Summary Judgment; Dismissal Of Tenant's Counterclaims Based on Waiver Denied
  47 Thames Realty LLC v. Kreiling
  Subscription Required
• KINGS COUNTY
  Damages
  LIRR Granted Setting Aside Verdict on Damages Unless Employees Agree to Reduction of Damages
  Aguirre v. Long Island Rail Road Co.
  Subscription Required
• QUEENS COUNTY
  Civil Practice
  Foreign Company Is Denied Dismissal for Lack Of Jurisdiction Based on Web Site Contacts
  TechSource International Inc. v. McCue Corp.
  Subscription Required
• NASSAU COUNTY
  Landlord/Tenant Law
  Landlord-Tenant Relationship Found Terminated When Tenant's Status Merged Into Contract of Sale
  Sethi v. Kaur
  Subscription Required
• U.S. COURT OF APPEALS, SECOND CIRCUIT
  Immigration Law
  Court Lacks Jurisdiction to Review Denial Of Application for Cancellation of Removal
  Barco-Sandoval v. Gonzales
  Subscription Required
• U.S. DISTRICT COURT
  SOUTHERN DISTRICT OF NEW YORK
  Alternative Dispute Resolution
  Arbitrator Has Authority to Grant Relief Beyond Request, Ascribe Different Meaning to Terms
  Sanluis Developments LLC v. CCP Sanluis LLC
  Subscription Required
• U.S. DISTRICT COURT
  SOUTHERN DISTRICT OF NEW YORK
  Criminal Practice
  Pro Se Defendant's Request to Call Trial Counsel As Witness Granted in Effective Assistance Dispute
  United States v. Mustafa Ozsusamlar and Osman Ozsusamlar
  Subscription Required
• U.S. DISTRICT COURT
  SOUTHERN DISTRICT OF NEW YORK
  Criminal Practice
  Water Accumulation in Prison Cell Did Not Pose Unreasonable Risk of Serious Health Damage
  Jennings v. Horn
  Subscription Required
• U.S. BANKRUPTCY COURT
  NORTHERN DISTRICT OF NEW YORK
  Bankruptcy
  Debtor, Creditor Law Does Not Violate Bankruptcy, Supremacy, Taking Clauses of U.S. Constitution
  In Re: Sherry Lynn Brown and In Re Michael Gloss
  Subscription Required
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