New York Law Journal: Decisions of Interest September 16, 2010

Source: NYLJ September 16, 2010 - Subscription required unless otherwise noted>

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Supreme Court, Nassau County
Family Law
Wife's Misstatements on Length of Sexual Abandonment Trigger Denial of Divorce
McPhee v. Miniero, 201490/08

U.S. Court of Appeals, Second Circuit
Business Law
Under 'Bespeaks-Caution' Rule, Panel Rejects Dismissal of Suit Over Prospectus
Iowa Public Employees' Retirement System v. Merrill Lynch, Inc., 09-3919-Cv

NEW YORK COUNTY
Contracts
Option Pact Did Not Violate Rule Against Perpetuities; Buyer Loses Down Payment
Rozina v. Casa 74th Development LLC


NEW YORK COUNTY
Civil Practice
Complaint Over Alleged Injury Of Wheelchair User Is Dismissed
Fogle v. City of New York


NEW YORK COUNTY
Torts
Allegedly Defamatory Statements Against Lawyer Found Protected by Qualified Privilege
Weiss v. Lowenberg

NEW YORK COUNTY
Contracts
Unverifiable Evidence Regarding Lost Profits Grants Defendants Dismissal of Complaint
Kassis Management Inc. v. Verizon New York Inc.


KINGS COUNTY
Civil Practice
Conclusions in Memo Imposing Higher Standards Than Law Ruled Inadmissible
Adenekan v. New York City Transit Authority


NASSAU COUNTY
Labor Law
Slight Elevation of 2,500-Pound Diesel Tank Found Not de Minimus Given Weight, Force
Schmierer v. Great Neck Water Pollution Control District


U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
N.Y. Penal Law 130.20(1) Found Divisible: Deportation for Aggravated Felony Is Upheld
Ganzhi v. Holder


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
Richard Green (Fine Paintings) v. McClendon


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Real Property
Unreliable Elevator Renders 14th Floor Luxury Co-Op Suite Unfit for Occupancy
Campbell v. Mark Hotel Sponsor LLC


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Privilege Not Waived in Lawyer's E-Mails To Son in Role as Client Parents' Agent
Green v. Beer


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Process Patents Describing 'Dual-Access' Luggage Locks Not Directly Infringed Upon
Travel Sentry Inc. v. Tropp