New York Law Journal: Decisions of Interest September 23, 2010

Source: http://www.nylj.com
September 23, 2010

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Thursday, September 23, 2010

U.S. Court of Appeals, Second Circuit
Criminal Practice
Circuit Vacates Order for New Trial, Remands for Sentencing
United States v. Pietro Polouizzi, 09-4594-cr

Appellate Division, First Department

Sexual Contact on Subway Does Not Constitute First-Degree Sexual Assault, Panel Finds
People v. Mack, 5730/08


Appellate Division, First Department
Legal Profession
Attorney Suspended for Three Months for Forging Registration Sticker on Automobile
Matter of Mark S. Pomerantz, M1621


U.S. Court of Appeals, Second Circuit
Immigration Law
Circuit Orders Review on Whether China Punishes Citizens Who Aid North Korean Refugees
Jin Jin Long v. Holder, 09-3472-ag


U.S. District Court, Southern District
Legal Profession
Judge Orders Law Firms to Staff Class Action With Women and Minority Counsel
In re Gildan Activewear Inc., 08 Civ. 5048


Appellate Division, Second Department
Legal Profession
Lawyer/Law Judge Suspended for Three Years for Ex Parte Communications With Litigant
Matter of Dorsky, 2009-02056

NEW YORK COUNTY
Real Property
Dismissal of Underlying Complaint Abated Notice of Pendency Mandating Cancellation
2626 Bway LLC v. Broadway Metro Associates LP


NEW YORK COUNTY
International Law
Questions of Fact Deny Defendant's Motion To Dismiss Suit for Diplomatic Immunity
Reinoso v. Bragg


NEW YORK COUNTY
Criminal Practice
Adjournment 'Occasioned by Exceptional Circumstances' Ruled Excludable
People v. Barnes

KINGS COUNTY
Torts
Special Use Exception Is Found Inapplicable to Traffic Signs, Posts
Fermin v. City of New York


NASSAU COUNTY
Landlord/Tenant Law
Court Finds Landlord's Lawyer Lacked Authority to Serve Rent Demand
Service Station Realty Corp. v. RMAK Corp.


SUFFOLK COUNTY
Real Property
Mortgagee Fails to Show Compliance With Pre-Commencement Notice Law
GMAC Mortgage LLC v. Munoz


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Health Law
Relator Fails to State False Claim Act Charges Against Ernst & Young
United States ex rel. Pervez v. Beth Israel Medical Center


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Prostitution Arrest 'Reeked of Entrapment'; Detectives, Others Not Entitled to Immunity
Pinter v. City of New York


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Health Law
Objections Overruled to Subpoenas For Records of Mentally Ill Patients
Mental Disability Law Clinic, Touro College v. Hogan


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Contracts
Issues Exist on Shareholder's Breach Claims Over Distributions, Disparate Treatment
Katzenberg v. Commercial Kitchen Designs Inc.


U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Practice
'Scaffold Law' Due Process Breach Claim Precluded by Prior Equal Protection Suit
Businesses for a Better New York v. Smith