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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Decisions of Interest January 13, 2009

By David Badertscher, PLL

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APPELLATE DIVISION
SECOND DEPARTMENT
Motor Vehicles
Class Certification Improper in 'Prevailing Rate' Medical Reimbursement Reduction Lawsuit
Globe Surgical Supply, appellant v. GEICO Insurance Co., respondent

NEW YORK COUNTY
Damages
Free With Registration: Plaintiffs Granted New Trial Unless Defendants Agree to Increase Future Pain, Suffering Award
Moller v. City of New York

KINGS COUNTY
Criminal Practice

Holding in 'Heller' Did Not invalidate New York's Gun Possession Laws; Dismissal Denied
People v. Albi Abdullah

NASSAU COUNTY
Contracts

Whether Statements or Acts Constituted Unequivocal Repudiation Question of Fact
Alarm Monitoring Corp. v. D'Agostino Supermarkets Inc.

NASSAU COUNTY
Landlord/Tenant Law

Termination Notice Fails to Provide Fact Specific Examples of Alleged Nuisance; Petition Dismissed
Spivack Realty Co. v. Svobodny

SUFFOLK COUNTY
Personal Property

Free With Registration: Owner Not Beneficiary, Subrogation Unavailable If Payments to Subcontractors Made Voluntarily
Broadway Houston Mack Development LLC v. Kohl

ROCKLAND COUNTY
Constitutional Law

'Heller' Did Not Extend Right to Bear Arms Anywhere, Anytime; Unrestricted Permit Denied
Matter of Bastiani

U.S. COURT OF APPEALS, SECOND CIRCUIT
Attorneys' Fees

Panel Sets 'High Hurdle' to Alter Fees Awarded in Bankruptcy Proceedings
In re: Smart World Technologies LLC v. Official Committee of Unsecured Creditors

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

'Forman' Factors Favor Grant of Motion to Amend Pleading to Correct 'Inadvertent Drafting Error'
Gormin v. Hubregsen

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

Cy Pres Doctrine Rejected in Bid to Distribute $1.2 Million in Unclaimed Settlement Funds
White v. First American Registry

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

ERISA Suit Alleging Breaches of Duty by Airline's Pension Plan Fiduciaries Summarily Dismissed
Cress v. Wilson

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

Patent Infringement Suit Transferred to Utah After Challenge to Federal Long-Arm Jurisdiction
Aqua Shield Inc. v. Inter Pool Cover Team

Full post as published by New York Supreme Court Criminal Term Library on January 13, 2009 (boomark / email).

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