New York Law Journal: Decisions of Interest October 4, 2010

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Monday, October 4, 2010

U.S. District Court, Southern District

Requirement That Pharmacists Be Citizens or Permanent Resident Aliens Held Unconstitutional
Adusumelli v. Steiner, 08 Civ. 6932 (RJH)
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Appellate Division, Second Department
Government
Panel Overturns Zoning Board, Orders Variance Be Granted for Trump Project
Matter of Trump on the Ocean, LLC v. Cortes-Vasquez, 5329/08
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NEW YORK COUNTY
Criminal Practice
Violation of Alcohol Control Law Dismissed As Two Elements of Statute Are Not Satisfied
People v. Nunez


NEW YORK COUNTY
Criminal Practice
Non-Verbal Gesture Adequately Pleads Unlawful Solicitation, Court Rules
People v. Gonzalez


BRONX COUNTY
Damages
Medicaid Lien May Not Be Nullified by Stating Settlement Relates Only to Pain, Suffering
Chamorro v. Cole

WESTCHESTER COUNTY
Administrative Law
Denial of Employment Suit Is Remanded So Petitioner Can Explain 'False Statements'
Evans v. County of Westchester


WESTCHESTER COUNTY
Criminal Practice
Unreasonable Delay to Produce Defendant For Sentencing Divests Court of Jurisdiction
People v. Harris


ROCKLAND COUNTY
Family Law
Father Is Granted Sole Physical Custody To Promote Continued Stability to Children
Matter of H.C. v. J.O.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Exceptions Provide Jurisdiction in Action On Refusal to Convert Bonds to Stock
Rogers v. Petrleo Brasileiro S.A.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Bias, Harassment Litigant Loses Bid To Retain Pro Bono Counsel
Hennghan v. Smith


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Damages
Lessor of Watch Cases Is Awarded Damages, Interest for Lease Default
PNCEF LLC v. Omni Watch and Clock Co. LLC


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Business Law
Racketeering Pattern Not Shown in Suit Against Embezzling Ex-Corporate Officers
Acme American Repairs Inc. v. Katzenberg


U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Contracts
Ohio-Based Supplier Wins Judgment; Elements For Action on Price Under NYUCC 2-709 Met
Dayton Superior Corp. v. Spa Steel Products Inc.