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: New York Supreme Court Criminal Term LibraryNew 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. DuhRICHMOND COUNTY
Criminal Practice
Court Dismisses Accusatory Instrument On Statutory Speedy Trial Grounds
People v. McKiverNASSAU COUNTY
Civil Practice
Defendant Entitled to Demand Jury Trial Asserting Counterclaim Sounding in Legal Malpractice
Steinberg & Early Hubelbank PLLC v. BockNASSAU COUNTY
Real Property
10-Day Notice to Quit Jurisdictionally Defective Pursuant to 'Kentucky Fried Chicken' Defense
Deutsche Bank National Trust Co. v. ResnikNASSAU COUNTY
Criminal Practice
Defendant Denied Motion to Compel Further Medical Record Disclosure of Victim
People v. BerotteU.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. McClendonU.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 LLCU.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).
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








