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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest August 25, 2009

By David Badertscher, PLL

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APPELLATE DIVISION
SECOND DEPARTMENT
Real Property
Brokers Lacked Duty to Disclose Home's Flooding; Buyer Had Warning, Did Not Perform Due Diligence
Daly, appellant v. Kochanowicz, respondents

NEW YORK COUNTY
Civil Practice
Husband's Settlement of Underlying Action Bars Wife From Reasserting Consortium Claim
Miller v. Jetblue Airways Corp.

QUEENS COUNTY
Torts

Emergency Doctrine Relieves Defendants of Liability; No Special Duty From City to Student Exists
Tsai v. Duh

RICHMOND COUNTY
Criminal Practice

Court Dismisses Accusatory Instrument On Statutory Speedy Trial Grounds
People v. McKiver

NASSAU COUNTY
Civil Practice

Defendant Entitled to Demand Jury Trial Asserting Counterclaim Sounding in Legal Malpractice
Steinberg & Early Hubelbank PLLC v. Bock

NASSAU COUNTY
Real Property

10-Day Notice to Quit Jurisdictionally Defective Pursuant to 'Kentucky Fried Chicken' Defense
Deutsche Bank National Trust Co. v. Resnik

NASSAU COUNTY
Criminal Practice

Defendant Denied Motion to Compel Further Medical Record Disclosure of Victim
People v. Berotte

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

Adverse Inference Denied; Sanctions Appropriate On Spoliation Claim in Breach Suit Over Painting
Richard Green (Fine Paintings) v. McClendon

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

Plaintiff Met Obligations Under Value Protection Compact, Not Liable for Further Value Protection
Natexis LLC v. New Eagle Holdings LLC

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property

Infringement, Trade Dress Dilution Claims on Sale Of Allegedly Confusingly Similar Chair Is Rejected
Heller Inc. v. Design Within Reach Inc.

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

Plaintiff Paid Bond Premium at Contractor's Behest, Must Look to Contractor for Relief
Fernbach LLC v. Capital & Guarantee Inc.

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

Motion Is Amendment to Initial Petition; Impeachment Evidence Did Not Satisfy 'Brady'
Bouloute v. United States

Full post as published by New York Supreme Court Criminal Term Library on August 25, 2009 (boomark / email).

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