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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest June 25, 2008
By David Badertscher, PLL
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APPELLATE DIVISION
FIRST DEPARTMENT
Evidence
Expert's Testimony Properly Precluded; Suit Wrongly Dismissed Absent Chance to Retain Another Expert
Guzman, plaintiffs-appellants v. 4030 Bronx Blvd. Associates LLC, defendant-respondent
NEW YORK COUNTY
Civil Practice
Court Denies Respondent's Motion to Strike Senator's Affidavit, Permitting Same in Senate Probe To Stand
Matter of Office of the Governor of the State of New York v. Winner NEW YORK COUNTY
Real Property
Insurer Fails to Demonstrate Inadequacy Of Consideration in Conveyance of Property
First American Title Ins. Co. of NY v. AnkariAPPELLATE DIVISION
SECOND DEPARTMENT
Family Law
Father's Stipulation on Children's College Expenses Stands Even Though Child Support Unenforceable
Cimons v. CimonsKINGS COUNTY
Torts
Court Rules Mall, Security Not Liable for Assault On Toy Store Manager by 'Unruly' Customer
Bowler v. Kings Plaza Shopping Center and MarinaKINGS COUNTY
Landlord/Tenant Law
'Recovery' in RSC §2524.4 Means by Final Judgment, Not Regaining Possession of Vacant Premises
Lu v. AlianNASSAU COUNTY
Landlord/Tenant Law
Tenant Entitled to Rent Abatement Until Landlord Restores Premises, Appurtenances to Original State
Sterling Investors Services Inc. v. 1155 Nobo Assoc's LLCNASSAU COUNTY
Landlord/Tenant Law
Stay Away Order on Behalf of Landlord's Employee Denies Tenant Dismissal of Termination Notice
Mental Health Association v. JoostenAPPELLATE DIVISION
THIRD DEPARTMENT
Torts
Notice of Hazard Is Issue in Trial on 'Trip' Over Carpeted Floor's 'Protrusion'
Mazerbo v. MurphyU.S. COURT OF APPEALS, SECOND CIRCUIT
Bankruptcy
Panel Reverses Approval of Proposed Structure For Ship Line's Payment of Asbestos Claims
Asbestosis Claimants v. Amer. Steamship Owners Mut'l Prot. and Ind. Assn. Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Suit Over Building's Demolition Dismissed; Claim Not Stated, Article 78 Action Was Adequate Relief
Taylor v. City of New York Dept. of Housing Preservation and DevelopmentU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Insurer's Third-Party Suit for Indemnification Under Other Insurer's Business Policies Dismissed
Ten Seventy One Home Corp. v. Liberty Mut'l Fire Ins. Co.
Full post as published by New York Supreme Court Criminal Term Library on June 25, 2008 (boomark / email).
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Transportation Equity Act for the 21st Century
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