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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Decisions of Interest

By David Badertscher, PLL

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Avins, plaintiffs-respondents v. Federation Employment and Guidance Service Inc., defendants-appellants Subscription Required

APPELLATE DIVISION
FIRST DEPARTMENT
Torts

Suit in Baby?s Stabbing Rejected; ?Special Relationship? Between Living Facility?s Operator, Victim Not Shown

NEW YORK COUNTY
Criminal Practice

Court Suppresses Heroin, Finds Frisk of Livery Cab Passenger Unjustified

People v. Omar Tariff Subscription Required

NEW YORK COUNTY
Legal Profession

Legal Malpractice Suit Goes Forward; Fact Issue Exists Whether Attorney-Client Relationship Ended

DeLuca v. Goldberger Subscription Required

KINGS COUNTY
Torts

City Negligence Suit Dismissed; Experienced Skater Assumed Risk Inherent in Rollerblading in Park

Voskoboynick v. City of New York Subscription Required

KINGS COUNTY
Civil Practice

Loss of Consortium Claim Successfully Added Pursuant to 'Relation Back' Doctrine

McLaughlin v. Gibilaro Subscription Required

RICHMOND COUNTY
Civil Practice

Court Refuses Change of Venue, Defendants Fail To Show Plaintiffs' Choice of Forum Inappropriate

Tribeca Medical P.C. v. Dollar Rent A Car Subscription Required

NASSAU COUNTY
Criminal Practice

Failure to Warn Defendant of Consequences Of Guilty Plea Is Not Ineffective Assistance

People v. Avtar Singh Subscription Required

U.S. COURT OF APPEALS, SECOND CIRCUIT
Alternative Dispute Resolution

No Jurisdiction Over Appeal; Lower Court Order Not Appealable Under Federal Arbitration Act Doctrine

Wabtec Corp. v. Faiveley Transport Malmo AB Subscription Required

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment

Suit Alleging Sexual Preference Discrimination Dismissed as Not Protected Under Title VII

Kapiamba v. Securitas Security Service Subscription Required

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

Court Rejects Claim That 'Booker' Requires Jury Determine Exact Amount of Heroin for Sentence

Smith v. United States Subscription Required

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice

Casino, Operators Denied Dismissal of Suit By Patron Hurt After Fall From Broken Chair

Cicalo v. Harrah's Operating Co. Inc. Subscription Required

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights

Fact Issues Exist as to Detective's Probable Cause On Scienter Element as to Arrest for False Report

Brewton v. City of New York Subscription Required

Full post as published by New York Supreme Court Criminal Term Library on May 12, 2008 (boomark / email).

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