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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest June 30, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Business Law
When ESOP Incurs Debt to Buy Stock Then Sells Stock To Cancel Debt, Cancellation Does Not Reduce Stock Price
Henry, plaintiffs-appellants v. U.S. Trust Company of California N.A., defendant-appellee

NEW YORK COUNTY
Administrative Law
Medicaid IG's Determination Denying Doctor Reinstatement to Program as Provider Annulled
Matter of Mihailescu v. Sheehan

NEW YORK COUNTY
Landlord/Tenant Law

Court Rules Landlord's Claim For Possessory Judgment Not Collaterally Estopped
Garfunkel & Tauster Corp. v. Gulinazzo

KINGS COUNTY
Torts

Upon Reargument Triable Issues of Whether School Negligently Created Hazardous Condition Found
Kessler v. Bobover Yeshive Bnei Zion

RICHMOND COUNTY
Insurance Law

Precluding Insurer From Issuing Denial Claim For Lateness in Requesting Follow Up Verification 'Absurd'
Pine Hollow Medical PC v. Global Liberty Ins. Co. of NY

NASSAU COUNTY
Alternative Dispute Resolution

Court Denies Confirmation of Arbitration Award; Failure to Attach Monthly Statements Fatal Defect
FIA Card Services NA v. Faucera

SUFFOLK COUNTY
Real Property

Court Finds Homeowner Not Entitled to Mandatory Settlement Conference Or Voluntary Conference
LaSalle Bank NA v. Novetti

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice

Sale Agreement Conveying All Rights of Fashion Designer to Use His Name Ruled Ambiguous
JA Apparel Corp. v. Abboud

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

Motion to Arrest Judgment Is Denied; Both Counts Properly Tracked Relevant Statutory Language
United States v. Malik Ashfaq

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

Failure to Timely File With SEC Does Not Constitute Failure to Perform Under Contract Terms
American Stock Transfer & Trust Co. v. Par Pharmaceutical Companies Inc.

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

Judgment Offer Fails to Specify It Was Inclusive Of Costs; Plaintiff Is Entitled to Additional Costs
Harrell v. Van der Plas

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

Federal Courts Do Not Have Jurisdiction to Issue Writ Compelling Prison to Seek Reduced Sentence
DeFeo v. Lapin

Full post as published by New York Supreme Court Criminal Term Library on June 30, 2009 (boomark / email).

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