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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Inerest April 14, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Bankruptcy
Duty to Pay Pension Plan Termination Premium To PBGC Does Not Arise Until After Bankruptcy
Pension Benefit Guaranty Corp., defendant-appellant v. Oneida Ltd., plaintiff-appellee
NEW YORK COUNTY
Criminal Practice
Defendant's Non-Verbal Admission Provides Reasonable Cause to Believe He Stole Watches
People v. Michael Pena
KINGS COUNTY
Torts
Bar Landlord Granted Summary Judgment; No Sufficient Evidence to Show Dram Shop Violation
Benitez v. Suncrest Tavern inc.
KINGS COUNTY
Trusts and Estates
Decedent's Son Waived Interest in Estate, Right To Object to Will; Lacks Standing to Seek Vacatur
Estate of Olga Sfouggatakis
KINGS COUNTY
Health Law
Doctor's Payment to Laboratory For Clinical Services Rendered Prohibited by PHL §586(1)
Interscience Diagnostic Laboratories Inc. v. Garcia
NASSAU COUNTY
Alternative Dispute Resolution
Court Finds Fraud Did Not Permeate Whole Agreement; Arbitration Clause Enforceable
Custom Metal Inc. v. New York Merchants Protective Co. Inc.
NASSAU COUNTY
Legal Profession
Free With Registration: Village Prosecutor's Alleged Conflicts of Interest Did Not Sever His Absolute Immunity
Wilner v. Village of Roslyn
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Panel Rejects Claim 300 Month Prison Term For Producing Child Pornography Too Severe
United States v. Americo A. Martinucci
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Issues Exist Over Firm's Main Place of Business In Suit Challenging Attachment of Accounts' Funds
Astra Oil Trading NV v. PRSI Trading Company LP
U.S. BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy Law
Relief From Stay Granted to Extent Needed for NJ Courts' Decision on Supersedeas Bond's Viability
In re: Lyondell Chemical Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Court Partly Rejects Airline's RICO, Fraud Claims Over Property's Renovation to House Its Workers
Air China Limited v. Li
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Land Use and Planning
Parcel's Owner Had Vested Property Interest In Premises' Non-Conforming Use as Garage
G.I. Home Developing Corp. v. Weis
Full post as published by New York Supreme Court Criminal Term Library on April 14, 2009 (boomark / email).
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Stupid Laws in the Empire State
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Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
New York Building Codes
Building and constructions laws in New York
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Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud
Racketeering Class Action Filed on Behalf of Foreclosed New York State Homeowners
Racketeering Class Action Filed on Behalf of Foreclosed New York State Homeowners
New York City
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