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Friday, October 1, 2010
U.S. Court of Appeals, Second Circuit
Real Property
Circuit Orders Return of $16 Million in Deposits Over Drafting Error in Condo Offering
CRP/Extell Parcel I v. Cuomo, 10-1929-cv
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Appellate Division, Second Department
Torts
Coroner's Failure to Inform Family That Brain Was Kept for Test Violated Right of Sepulchre
Shipley v. City of New York, Respondents, 101114/06
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U.S. District Court, Southern District
Business Law
District Court Erred in Approving Settlement That Shielded Executives From SOX Liability
Cohen v. Viray, 08-3860-cv
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Appellate Division, First Department
Immigration Attorney Is Reciprocally Disbarred After Ban on Practicing Before Second Circuit
Matter of Jaffe-Nierenberg, M-1370
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APPELLATE TERM
Landlord/Tenant Law
Panel Modifies, Affirms Civil Court Order; Default of Final Judgment Reinstated
Eastside NYC Corp. v. Olmedo
NEW YORK COUNTY
Civil Practice
Court Rejects Bid for Sanctions as Counsel's Letter Did Not Deny Defendants of Rights
Peluso v. C.R. Bard Inc.
NEW YORK COUNTY
Employment
Officer's Termination Is Upheld; Dismissal Ruled Not Shocking to Sense of Fairness
Buonviaggio v. Kelly
APPELLATE TERM
Criminal Practice
Panel Finds Use of Delegated Prosecutorial Powers Does Not Violates Equal Protection
People v. Murphy
WESTCHESTER COUNTY
Family Law
Res Judicata of Conn. Divorce Judgment Bars Wife's Claim for Equitable Distribution
E.A. v. R.A.
ESSEX COUNTY
Criminal Practice
Evidence Legally Sufficient to Establish Actions Constituted Criminal Negligence
People v. Smith
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Awards Summarily Confirmed; 'Celotex Corp.' Noted in Finding No Material Facts at Issue
International Union of Operating Engineers - Local 825 Employee Benefit Funds v. George Fuller Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Promissory Notes' Forum Clauses Provide Jurisdiction Over Mexican in Bank's Action
Export-Import Bank of the United States v. Hi-Films S.A. de C.V.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Reports' Preparation Did Not Make Remaining Defendant ERISA Fiduciary
Apogee Enterprises Inc. v. State Street Bank and Trust Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Fraud Suit Plaintiff's Substitution Permitted; Amended Complaint Not Needed
Billhofer v. Flamel Technologies S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Defense Counsel Met Professional Standards In Dealing on Issues of Client's Competency
Kiltinivichious v. United States
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