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Thursday, October 21, 2010
Supreme Court, Queens County, Part 10
Torts
Five-Year-Old Big Apple Map Held to Be Valid Notice of Defect in Trip and Fall Case
Weissman v. The City of New York, 12209/09
U.S. District Court for the Eastern District
Civil Rights
New York City Permanently Enjoined From Using Current Examination to Screen Firefighter Applicants
U.S. v. City of New York, 07-cv-2067 (NGG) (RLM)
NEW YORK COUNTY
Business Law
Shareholder Found Not to Have Breached Fiduciary Duty by Requesting Repayment
Leiser v. System D Restaurant Holdings Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Landlord Fails to Show Tenant Did Not Use Unit as Primary Residence
Extell 609 W. 137th St. LLC v. Bonilla-Morel
APPELLATE TERM
Civil Practice
Divided Panel Reverses Order Granting Insurer Vacatur of Default Judgment
A.M. Medical Services PC v. Liberty Mutual Insurance Co.
QUEENS COUNTY
Business Law
Permanent Injunction, Constructive Trust Granted Against Dissident Church Members
Classis of Queens Reformed Church in America v. Members of the Superceded Consistory of the Taiwanese American Reformed Church in Queens
SUFFOLK COUNTY
Real Property
In Foreclosure Action, Court Denies Bank Order of Reference for Inconsistencies
Deutsche Bank Trust Co. v. McCoy
SUFFOLK COUNTY
Civil Practice
Court Rejects Bid for Subpoena as Labor Union Leader Privilege Ruled Inapplicable
Matter of Suffolk County Ethics Commission v. Felice
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Principal's Decision to Demote Assistant May Have Been Motivated by Pregnancy
Herbert v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Constitutional Law
No Defamation Found Where Headline Does Not Mention Plaintiffs' Names
Triano v. Gannett Satellite Information Network Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Fired Employee May Be Entitled To Damages on Withheld Commissions
Dreyfuss v. eTelecare Global Solutions-US Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Complaint Sufficiently Alleges Individuals' Connection With Sites That Sold Counterfeits
Balenciaga America Inc. v. Dollinger
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Realigns Parties to Create Complete Diversity in Declaratory Judgment Action
Gurney's Inn Resort & Spa Ltd. v. Benjamin
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Showing posts with label NY Decisions of Interest. Show all posts
Showing posts with label NY Decisions of Interest. Show all posts
Thursday, October 21, 2010
Friday, October 15, 2010
New York Law Journal: Decisions of Interest October 15, 2010
U.S. Court Of Appeals, Second Circuit
Attorneys Fees
Law Firm That Claims It Was 'Solely Responsible' for Settlement Denied Additional $17 Million in Fees
In Re Adelphia Communications Corp, 08-4904-cv
Supreme Court, Nassau County
Legal Profession
Malpractice Suit Based on Cause of Action Pointed Out to Counsel by Client's Mother Proceeds
Eric Reisner v. Litman & Litman, P.C., 18527/07
NEW YORK COUNTY
Criminal Practice
Nod, Production of Drugs Ruled Non-Verbal Admission, Product of 'Miranda' Violation
People v. Crespo
NEW YORK COUNTY
Criminal Practice
Stalking Charge Is Dismissed; Fears Of Complainant Are Found Unreasonable
People v. Lewis
BRONX COUNTY
Family Law
Inquest Transcript States Intent to Cover College Tuition Without Age Limitation
Bracy v. Nibbs-Bracy
KINGS COUNTY
Criminal Practice
Defendants Cannot Receive Jail Credit On State Sentence While in Federal Custody
People v. Paccione
QUEENS COUNTY
Criminal Practice
Suppression of Guns Is Denied; Request to Exit Car Ruled de Minimus
People v. Hines and Thomas
QUEENS COUNTY
Juvenile Law
Juvenile's Placement With State Agency Found Least Restrictive Alternative
Matter of Naldo X.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Is Not Obligated Under Plan To Conduct Independent Exam
Rotondi v. Hartford Life
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Class Action Sufficiently Pleads Scienter for False, Misleading Statements
CLAL Finance Batucha Investment Management Ltd. v. Perrigo Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Fired Worker Who Discussed Retirement With Employer Fails to Raise Inference of Age Bias
Boston v. MacFadden Publishing Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Ineffective Assistance Claims Is Dismissed; Court Notes Rapport Between Counsel, Client
Roman v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Federally Protected Constitutional Right Ruled Not Implicated by 'Jury Note' Claim
Johnson v. Graham
Attorneys Fees
Law Firm That Claims It Was 'Solely Responsible' for Settlement Denied Additional $17 Million in Fees
In Re Adelphia Communications Corp, 08-4904-cv
Supreme Court, Nassau County
Legal Profession
Malpractice Suit Based on Cause of Action Pointed Out to Counsel by Client's Mother Proceeds
Eric Reisner v. Litman & Litman, P.C., 18527/07
NEW YORK COUNTY
Criminal Practice
Nod, Production of Drugs Ruled Non-Verbal Admission, Product of 'Miranda' Violation
People v. Crespo
NEW YORK COUNTY
Criminal Practice
Stalking Charge Is Dismissed; Fears Of Complainant Are Found Unreasonable
People v. Lewis
BRONX COUNTY
Family Law
Inquest Transcript States Intent to Cover College Tuition Without Age Limitation
Bracy v. Nibbs-Bracy
KINGS COUNTY
Criminal Practice
Defendants Cannot Receive Jail Credit On State Sentence While in Federal Custody
People v. Paccione
QUEENS COUNTY
Criminal Practice
Suppression of Guns Is Denied; Request to Exit Car Ruled de Minimus
People v. Hines and Thomas
QUEENS COUNTY
Juvenile Law
Juvenile's Placement With State Agency Found Least Restrictive Alternative
Matter of Naldo X.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer Is Not Obligated Under Plan To Conduct Independent Exam
Rotondi v. Hartford Life
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Securities Class Action Sufficiently Pleads Scienter for False, Misleading Statements
CLAL Finance Batucha Investment Management Ltd. v. Perrigo Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Fired Worker Who Discussed Retirement With Employer Fails to Raise Inference of Age Bias
Boston v. MacFadden Publishing Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Ineffective Assistance Claims Is Dismissed; Court Notes Rapport Between Counsel, Client
Roman v. United States
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Federally Protected Constitutional Right Ruled Not Implicated by 'Jury Note' Claim
Johnson v. Graham
Tuesday, October 12, 2010
New York Law Journal: Decisions of Interest October 12, 2010
If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Tuesday, October 12, 2010
U.S. Court of Appeals, Second Circuit
Constitutional Law
Prohibition of Vanity License Plates With Religious Messages Violates First Amendment
Byrne v. Rutledge, 07-4375-cv
FREE WITH REGISTRATION
Appellate Division, Second Department
Criminal Practice
Client Who Disregarded Attorney's Advice Denied New Trial for Ineffective Assistance of Counsel
People v. Colville, 6944/04
FREE WITH REGISTRATION
United States District Court, Eastern District
Legal Profession
Former Village Attorney Who Counseled Indemenification of Ex-Mayor Cannot Represent Him in Suit Against Town
Glacken v. The Incorporated Village Of Freeport, 09-4832
FREE WITH REGISTRATION
Appellate Division, First Department
Contracts
Condition Precedent Exception Held Inapplicable in Suit Over Real Estate Sales Pact
Torres v. D'Alesso, 115881/07
FREE WITH REGISTRATION
Appellate Division, First Department
Criminal Practice
Panel Rejects Bid to Upset Rape Conviction Over Allegedly Prejudicial Media Coverage
People v. Williams, 3573/73
FREE WITH REGISTRATION
NEW YORK COUNTY
Administrative Law
Waterfront Commission's Decision to Remove Longshoremen From Register to Work Upheld
Matter of Cambio v. Goldstock
NEW YORK COUNTY
Legal Profession
Recovery for Emotional Distress In Malpractice Actions Is Denied
Taylor v. Paskoff & Tamber LLP, 119108/2008
QUEENS COUNTY
CONSUMER PROTECTION
Transfer of Structured Settlement Payments Denied as Not Fair or in Payee's Best Interest
Matter of Washington Sq. Fin'l LLC v. Allstate Assignment Co.
RICHMOND COUNTY
Alternative Dispute Resolution
Alleged Successor-in-Interest Found Not Bound by Arbitration Clause
Manfredi Chevrolet LLC v. Land
QUEENS COUNTY
Intellectual Property
Use of Plaintiff's Trade Name Found Likely to Cause Confusion
Spytown.com Inc. v. Queens Spy Shop
CLINTON COUNTY
Family Law
Court May Select Different Alternative Than Placing Child With Non-Respondent Father
Matter of Keith "B." v. Stephanie "W."
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
As Policy Appears Part of Fraud Scheme, Assignee Is Denied Judgment on Payment
Settlement Funding LLC v. AXA Equitable Life Ins. Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Tyco Denied Preclusion of Bermuda Law Expert's Testimony in Compensation Suit
Tyco International Ltd. v. Walsh
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Immigrant Teacher Loses Bias Challenge To 'Rubber Room' Assignment, Termination
Batyreva v. New York City Dept. of Education
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rules on Admission of Expert's Testimony on Ergonomic Risks in Repair Shop
Peters v. Metro-North Commuter Railroad Co.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Bankruptcy
Mortgage Cannot Be Avoided, 362 Relief Unavailable; Property Not in Debtor's Estate
In re: Josephson
http://www.nylj.com/
Subscription required for online access unless otherwise noted:
Tuesday, October 12, 2010
U.S. Court of Appeals, Second Circuit
Constitutional Law
Prohibition of Vanity License Plates With Religious Messages Violates First Amendment
Byrne v. Rutledge, 07-4375-cv
FREE WITH REGISTRATION
Appellate Division, Second Department
Criminal Practice
Client Who Disregarded Attorney's Advice Denied New Trial for Ineffective Assistance of Counsel
People v. Colville, 6944/04
FREE WITH REGISTRATION
United States District Court, Eastern District
Legal Profession
Former Village Attorney Who Counseled Indemenification of Ex-Mayor Cannot Represent Him in Suit Against Town
Glacken v. The Incorporated Village Of Freeport, 09-4832
FREE WITH REGISTRATION
Appellate Division, First Department
Contracts
Condition Precedent Exception Held Inapplicable in Suit Over Real Estate Sales Pact
Torres v. D'Alesso, 115881/07
FREE WITH REGISTRATION
Appellate Division, First Department
Criminal Practice
Panel Rejects Bid to Upset Rape Conviction Over Allegedly Prejudicial Media Coverage
People v. Williams, 3573/73
FREE WITH REGISTRATION
NEW YORK COUNTY
Administrative Law
Waterfront Commission's Decision to Remove Longshoremen From Register to Work Upheld
Matter of Cambio v. Goldstock
NEW YORK COUNTY
Legal Profession
Recovery for Emotional Distress In Malpractice Actions Is Denied
Taylor v. Paskoff & Tamber LLP, 119108/2008
QUEENS COUNTY
CONSUMER PROTECTION
Transfer of Structured Settlement Payments Denied as Not Fair or in Payee's Best Interest
Matter of Washington Sq. Fin'l LLC v. Allstate Assignment Co.
RICHMOND COUNTY
Alternative Dispute Resolution
Alleged Successor-in-Interest Found Not Bound by Arbitration Clause
Manfredi Chevrolet LLC v. Land
QUEENS COUNTY
Intellectual Property
Use of Plaintiff's Trade Name Found Likely to Cause Confusion
Spytown.com Inc. v. Queens Spy Shop
CLINTON COUNTY
Family Law
Court May Select Different Alternative Than Placing Child With Non-Respondent Father
Matter of Keith "B." v. Stephanie "W."
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
As Policy Appears Part of Fraud Scheme, Assignee Is Denied Judgment on Payment
Settlement Funding LLC v. AXA Equitable Life Ins. Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Tyco Denied Preclusion of Bermuda Law Expert's Testimony in Compensation Suit
Tyco International Ltd. v. Walsh
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Immigrant Teacher Loses Bias Challenge To 'Rubber Room' Assignment, Termination
Batyreva v. New York City Dept. of Education
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rules on Admission of Expert's Testimony on Ergonomic Risks in Repair Shop
Peters v. Metro-North Commuter Railroad Co.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Bankruptcy
Mortgage Cannot Be Avoided, 362 Relief Unavailable; Property Not in Debtor's Estate
In re: Josephson
Friday, October 08, 2010
New York Law Journal: Decisions of Interest October 8, 2010
If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links proveded below, sign in, and access any of the decisions listed which interest you.
Subscription required for online access unless otherwise noted:
http://www.nylj.com/
U.S. Court of Appeals, Second Circuit
Media Law
Cable News Reporter Wins Second Crack at Defamation Claim Against MSNBC for Online Posts
DiFolco v. MSNBC Cable LLC, 09-2821-cv Supreme Court, Suffolk County, I.A.S. Part 21
FREE WITH REGISTRATION
Business Law
Judge Awards Damages and Costs to Consumer; Modeling Agency Did Not Deliver Services
People v. City Model and Talent Dev., 09-22233
U.S. Court of Appeals, Second Circuit
FREE WITH REGISTRATION
NEW YORK COUNTY
Employment
Evidence Raises Issues of Deliberate Bad Faith in Correction Officer's Termination
Matter of Stevens v. Schriro
NEW YORK COUNTY
Employment
Uncertainty, Bad Faith Investigation Vacates Teacher's Firing; New Investigation Ordered
Bryant v. NYC Dept. of Ed.
NEW YORK COUNTY
Criminal Practice
Hearing Ordered to Decide if Allegations Satisfy Second Prong of 'Strickland'
People v. Ortega
BRONX COUNTY
Family Law
Family Court Proper Forum to Resolve Parties' Disputes, Including Illegal Lockout
Watson v. Wilson-Watson
APPELLATE DIVISION
SECOND DEPARTMENT
Criminal Practice
Justification Available to Underlying Felony But Never a Defense to Felony Murder Itself
People v. Walker
APPELLATE TERM
Criminal Practice
Order Dismissing Instrument on Ground Of Legal Impediment to Conviction Affirmed
People v. Thorner
KINGS COUNTY
Criminal Practice
Motion to Quash Subpoena on Grounds Of Attorney-Client Privilege Denied
People v. Brooks
APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation
Evidence Supports Disability's Contribution To Claimant's Removal From Labor Force
Jimerson v. New York City Police Dept.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Administrative Law
'Engquist' Does Not Bar All Class-of-One Claims Involving Discretionary State Action
Analytical Diagnostic Labs Inc. v. Kusel
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Trusts and Estates
Suit Charging Conspiracy by Attorneys, Judges To Deny Probate to Steal Estate Assets Dismissed
Combier v. State of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Admiralty
Shipboard Health Aide Charged With Knowledge Of Shortened One Year Limit for Injury Suit
Palmer v. Norwegian Cruise Line
Subscription required for online access unless otherwise noted:
http://www.nylj.com/
U.S. Court of Appeals, Second Circuit
Media Law
Cable News Reporter Wins Second Crack at Defamation Claim Against MSNBC for Online Posts
DiFolco v. MSNBC Cable LLC, 09-2821-cv Supreme Court, Suffolk County, I.A.S. Part 21
FREE WITH REGISTRATION
Business Law
Judge Awards Damages and Costs to Consumer; Modeling Agency Did Not Deliver Services
People v. City Model and Talent Dev., 09-22233
U.S. Court of Appeals, Second Circuit
FREE WITH REGISTRATION
NEW YORK COUNTY
Employment
Evidence Raises Issues of Deliberate Bad Faith in Correction Officer's Termination
Matter of Stevens v. Schriro
NEW YORK COUNTY
Employment
Uncertainty, Bad Faith Investigation Vacates Teacher's Firing; New Investigation Ordered
Bryant v. NYC Dept. of Ed.
NEW YORK COUNTY
Criminal Practice
Hearing Ordered to Decide if Allegations Satisfy Second Prong of 'Strickland'
People v. Ortega
BRONX COUNTY
Family Law
Family Court Proper Forum to Resolve Parties' Disputes, Including Illegal Lockout
Watson v. Wilson-Watson
APPELLATE DIVISION
SECOND DEPARTMENT
Criminal Practice
Justification Available to Underlying Felony But Never a Defense to Felony Murder Itself
People v. Walker
APPELLATE TERM
Criminal Practice
Order Dismissing Instrument on Ground Of Legal Impediment to Conviction Affirmed
People v. Thorner
KINGS COUNTY
Criminal Practice
Motion to Quash Subpoena on Grounds Of Attorney-Client Privilege Denied
People v. Brooks
APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation
Evidence Supports Disability's Contribution To Claimant's Removal From Labor Force
Jimerson v. New York City Police Dept.
U.S. COURT OF APPEALS, SECOND CIRCUIT
Administrative Law
'Engquist' Does Not Bar All Class-of-One Claims Involving Discretionary State Action
Analytical Diagnostic Labs Inc. v. Kusel
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Trusts and Estates
Suit Charging Conspiracy by Attorneys, Judges To Deny Probate to Steal Estate Assets Dismissed
Combier v. State of New York
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Admiralty
Shipboard Health Aide Charged With Knowledge Of Shortened One Year Limit for Injury Suit
Palmer v. Norwegian Cruise Line
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