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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest April 21, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
Law of Case Doctrine Compels Adhere to Ruling On §212(c) Relief Availability Reliance Need
Johnson, petitioner v. Holder, respondent 1

NEW YORK COUNTY
Insurance Law
Coverage For 'Unexplained Loss' of Jewelry Denied as Insurance Policy Excludes Same
E. Chabot Ltd. v. Lead Underwriters of Great Lakes Reinsurance (UK)Plc.

QUEENS COUNTY
Torts

Court Rules FELA Inapplicable to Port Authority Police Officer's Negligence Suit
Zuckerberg v. Port Authority of NY & NJ

NASSAU COUNTY
Health Law

Psychiatrists' Action Already Time-Barred At Time Suit Commenced; Dismissal Granted
NYS Psychiatric Assoc. Inc. v. NYS Dept. of Health

NASSAU COUNTY
Family Law

Aunt Denied Guardianship Petition; Order Of Special Findings Also Denied as Moot
Delmi Y. v. Carmen Y.

ORANGE COUNTY
Civil Practice

Plaintiffs' Purported 'Notice to Admit' Fails To Cite CPLR 3123 or Other Statutory Language
Ross v. Sherman

JEFFERSON COUNTY
Insurance Law

Conflict of Policy Provisions Creates Latent Ambiguity Construed in Homeowner's Favor
Flynn v. Allstate indemnity Co.

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

Gambino Crime Boss Denied Habeas Relief; Claims Are Procedurally Barred, Lack Merit
Gotti v. United States

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

Habeas Petition May Be Amended to Charge Lawyer's Ineffectiveness for Not Investigating Innocence
Pierre v. Ercole

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law

Trustee Lacks Standing, Under 'Wagoner' Rule, To Sue in Connection With Refco's Collapse
Kirschner v. Grant Thornton LLP.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law

Court Criticizes Anonymous Sourcing of ClaimsIn Dismissing Complaint Charging Securities Fraud
Vladimir v. Bioenvision Inc.

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

Alleged Acts Not So Severe as To Be Constructive Discharge, But Support Hostile Environment Claim
Finkelshteyn v. Staten Island University Hospital

Full post as published by New York Supreme Court Criminal Term Library on April 21, 2009 (boomark / email).

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