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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest December 14, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
Free With Registration: Circuit Finds NYPD Policy on Breathalyzer Tests for Officers Meets 'Special Needs' Test
Lynch v. City of New York
NEW YORK COUNTY
Insurance Law
Failure to Raise Triable Issue on 'Serious Injury' Grants Defendant Summary Judgment
Wagner v. Metropolitan Transportation Authority KINGS COUNTY
Landlord/Tenant Law
Landlord's Holdover Proceeding Based On Tenant's Alleged Failure to Comply With Cure Notice Dismissed
Green Valley Realty LLC v. DelgadoQUEENS COUNTY
Criminal Practice
Defendant's Allegation He Did Not Voluntarily Jump Bail Must Be Raised as Affirmative Defense
People v. VillarrealNASSAU COUNTY
Landlord/Tenant Law
Court Concludes Tenant's Son's Social Security Disability Payments Should Be Considered Income
Laurel Homes LP v. HunterWESTCHESTER COUNTY
Criminal Practice
Court Denies Inmate's Motion to Withdraw Guilty Plea Finding Claims of Innocence Conclusory
People v. PattersonWESTCHESTER COUNTY
Criminal Practice
Board's Decision Not 'Irrationality Bordering On Impropriety,' Not Subject to Judicial Review
Matter of Stanley v. NYS Division of ParoleU.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Decision Not to Impose Contemplated Sentence Adjustment Required Findings; Case Remanded
United States v. LabbeU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Theft, Endorsement, Deposit of Checks Before Proceeds Withdrawal Proved; Supervised Release Revoked
United States v. SpencerU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Domination, Undercapitalization of Firm Plausibly Stated in Overtime Case; Veil-Pierce Claim Survives
Robles v. Copstat Security Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Defendants' Pleadings Can Be Amended; Fraudulent Inducement Claim Could Allow Liability's Avoidance
Anthracite Capital BOFA Funding LLC v. Knutson
Full post as published by New York Supreme Court Criminal Term Library on December 14, 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

New York Adopts ABA Model Rules Effective April 1, 2009
Maintenance Regulation Published in the OJ
New York Law Journal Special Report on Labor and Employment Law
New York Law Journal Special Report On Law Schools
Pro Se Must Be Given Access To Unreported Or Electronically Reported Decisions









