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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest August 24, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
FIRST DEPARTMENT
Torts
Issues Exist Whether Scaffold Had Guardrails, Safety Devices Readily Available; Judgment's Denial Affirmed
Cherry, plaintiff-respondent-appellant v. Time Warner Inc., defendants-appellants-respondents
NEW YORK COUNTY
Personal Property
Court Finds Plaintiff Substantially Complied With Lien Law, Denies Dismissal
East Coast Electric Inc. v. 1200 Fifth Associates LLC
KINGS COUNTY
Damages
Buyer Entitled to Damages, Prejudgment Interest From Escrow Agent for Viable Cause of Action
Geroulanos v. Maynard
KINGS COUNTY
Torts
Property Owners, Not City Responsible for Damages Due to Defect in Sidewalk Caused by Tree Roots
Satram v. City of New York
KINGS COUNTY
Civil Practice
Failure to Attach Pleadings Under CPLR 3212(b) Mandates Denial of Summary Judgment Motion
Casanova v. Nacco Materials Handling Group Inc.
QUEENS COUNTY
Civil Practice
Case Properly Commenced in Queens as Plaintiff Established Residency at Time Action Commenced
Liranzo v. Liranzo
NASSAU COUNTY
Administrative Law
Homeowner's Petition Reversing Zoning Board's Denial of Variance Application Denied
Matter of Mone v. Board of Zoning Appeals
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Court Rejects Prison Guard's Challenge to Dismissal Due to His Perceived Affiliation With 'Bloods' Gang
Dupont v. New Jersey State Police
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
French Company's Delaware Subsidiary Is a PartyTo Contract; Diversity Defeated; Action Remanded
Wavecom S.A. v. Temic Automotive of North America Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Antitrust
German Firm's Sherman Act §1 Per Se Liability Claim Adequately Alleged; Donnelly Act Claim Preempted
Conergy AG v. MEMC Electronic Materials Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Bulk of Claims Dismissed From Medical Indifference Suit Raised on Behalf of Deceased State Prisoner
Maccharulo v. Gould
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
'Cherry Picking' Securities Fraud Case Limited To Trades Within Five Years Before Indictment
United States v. Motz
Full post as published by New York Supreme Court Criminal Term Library on August 24, 2009 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

Interest Arbitration Could Not Be Mandated By Interest Arbitrator
New York State Bar Journal Now Available Online
ALI-ABA Offers Legal Ethics CLE via Web or Phone on August 27
Pharmaceutical and Biotech Patent Law
Ind. Decisions - Transfer list for week ending August 14, 2009 not yet available
Southwestern Publishes its First Issue of Journal of Legal Education







