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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest June 26, 2008
By David Badertscher, PLL
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U.S. COURT OF APPEALS
SECOND CIRCUIT
Criminal Practice
Agent's Improper Testimony Had No Effect on Verdict, Overwhelming Evidence of Guilt; Drug Conviction Stands
United States, appellee v. Ernest J. Walker, defendant-appellant
NEW YORK COUNTY
Contracts
Court Finds Buyer's Claims Against Seller's Attorney, Escrow Agent Not Viable, Dismissed
Sullo v. Margab Realty LLC BRONX COUNTY
Personal Property
Allocation of $3,760.66 to Medical Expenses to Satisfy Medicaid Lien From $165,000 Settlement Reasonable
Segarra v. 2805 Holdings LLCBRONX COUNTY
Torts
Passenger Fails to Demonstrate Metro North Breached Duty; Partial Summary Judgment Denied
Ludmer v. Metro-North RailroadKINGS COUNTY
Labor Law
Employee Not Sole Proximate Cause of Accident as He Followed Directions of Supervisor Not to 'Hook Up'
Nunez v. City of New YorkNASSAU COUNTY
Contracts
Broker Established Existence of Agreement Requiring Payment of Brokerage Commission
Sutton & Edwards Inc. v. 68-60 Austin Realty Corp.NASSAU COUNTY
Contracts
Conduct of Firing Subcontractor Not So Egregious To Deny Enforcement of Limitations Damages Clause
R&J Construction Corp v. E.W. Howell Co. Inc.APPELLATE DIVISION
THIRD DEPARTMENT
Environmental Law
Panel Rejects Environmental Watchdog's Claims Over DEC Permit for Electric Plant on Hudson
Matter of Riverkeeper Inc. v. JohnsonU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
'Naked Cowboy's' Infringement Claim Over M&M Animation Proceeds; Parody Defense Survives
Burck v. Mars Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Motion to Stay Prison Surrender Date Denied; Deemed Brought for Delay Purposes Only
United States v. James CicconeU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Discovery of Tax Returns Denied; Restaurateurs' In Pari Delicto Defense to FLSA Breach Rejected
Chen v. Republic Restaurant GroupU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Black BOP Worker's Discrimination Suit Dismissed;Race Bias Not Shown, Valid Reasons for Nonpromotion
Singleton v. Mukasey
Full post as published by New York Supreme Court Criminal Term Library on June 26, 2008 (boomark / email).
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