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New York Law Journal: Decisions of Interest March 5, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Free With Registration: Uncharged Embezzlement Properly Considered In Enhancing Tax Evasion Sentence for Trust Abuse
United States, appellees v. Daniel Friedberg, defendant-appellant

NEW YORK COUNTY
Contracts

Member of Company Satisfies Agreement Requirements; Advancement of Expenses Granted

Ficus Investments Inc. v. Private Capital Management LLC NASSAU COUNTY
Business Law

Diamond Company Found Entitled to Over $8 Million For Salesman's Breach of Contract

Fine-Cut Diamonds Corp. v. Shetrit NASSAU COUNTY
Insurance Law

Provider Establishes MRI Technicians Employees, Entitling Providers To No-Fault Reimbursement

AIU Ins. Co. v. Deajess Medical Imaging PC NASSAU COUNTY
Administrative Law

Motion to Vacate Adoption of Resolutions For Additional Cell Phone Antennae Denied

Perrin v. Bayville Village Board NASSAU COUNTY
Landlord/Tenant Law

Father-in-Law Granted Judgment Allowing Eviction of Daughter-in-Law as Licensee

Lally v. Fasano SUFFOLK COUNTY
Alternative Dispute Resolution

Arbitrator Finds Town of Huntington Liable For Harbormaster's Legal Fees in Assault Case

Matter of Local 342 v. Town of Huntington APPELLATE DIVISION
THIRD DEPARTMENT
Torts

Lawyer's Defamation Claim Against Insurer Over Malpractice Insurance Loss Reinstated

Roche v. Claverack Cooperative Insurance Co. U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts

Breach Suit's Fraud Claim Dismissed; Justifiable Reliance on Prior Representations Not Pleaded

Bernard National Loan Investors Ltd. v. Traditions Management LLC U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts

Dram Shop Act, Premises Liability Claims Stemming From New Year's Eve Party Attack Not Dismissed

Marotta v. Palm Management Corp. U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice

Student Group's Former Leaders Retain Duty To Produce Responsive Group-Related Documents

Wiwa v. Royal Dutch Petroleum Co. U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Legal Profession

Legal Malpractice Claim Fails Despite Lawyer's Untimely Filing; Proximate Causation Not Alleged

Law Practice Management Consultants LLC v. M & A Counselors & Fiduciaries LLC

Full post as published by New York Supreme Court Criminal Term Library on March 05, 2009 (boomark / email).