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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest July 29, 2009

By David Badertscher, PLL

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APPELLATE DIVISION
THIRD DEPARTMENT
Consumer Protection
Free With Registration: No Error in Rulings Holding Paralegal, Document Preparation Business Operator in Contempt, Fines
Matter of People of the State of New York., respondent v. Hooks, appellant

NEW YORK COUNTY
Civil Practice
Owner Granted Vacatur of Default; Court Opines Bank Showed Bad Faith
Washington Mutual Bank v. Saint Nicholas Ave. Holdings LLC

NEW YORK COUNTY
Landlord/Tenant Law

Failure to Comply With MDL §301 Bars Landlord From Maintaining Nonpayment Proceeding Against Tenant
58 E. 130th St. LLC v. Mouton

NEW YORK COUNTY
Landlord/Tenant Law

Landlord Barred by Doctrine of Laches From Recovering Stale Rent Demanded From Tenant
Kim v. Witkoski

KINGS COUNTY
Torts

Summary Judgment Granted to Out-of-Possession Owner as It Had No Notice of Dangerous Condition
Harris v. Carlisle 11th Ave. Associates LLC

KINGS COUNTY
Alternative Dispute Resolution

Insurer Cannot Insist on Adherence of Policy Terms After Repudiation of Liability on Assignor's Claim
Matter of NY Medical Health PC v. NYC Transit Authority

NASSAU COUNTY
Civil Practice

Court Lacks Power to Grant Plaintiff LeaveTo Serve Late Demand for Trial de Novo
Bronx Radiology PC v. Allstate Ins. Co.

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

Court Upholds Orders to Pay $3,095 Sanction For Deposition Nonappearance in Delayed Case
Edmonds v. Seavey

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

Discrimination Suit Fails to Claim Race Played Role in Termination
Clarke v. Flushing Manor Care Center

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

Motion to Dismiss Is in Abeyance Pending Receipt of Documents
Accolla v. U.S. Government

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

Inmate's Due Process Claim for Failure To Provide Assistance Survives
Rosales v. Fischer

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

Expert Testimony Is Not Crucial, Does Not Cause Actual Prejudice
Martich v. Smith

Full post as published by New York Supreme Court Criminal Term Library on July 29, 2009 (boomark / email).

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