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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Decisions of Interest January 31, 2008

By David Badertscher, PLL

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http://www.nylj.com

APPELLATE DIVISION
FIRST DEPARTMENT
Motor Vehicles
Triable Fact Issues Exist Whether Double-Parked Access-a-Ride Van Proximately Caused Accident
White, plaintiff-respondent v. Diaz, defendants


NEW YORK COUNTY
Insurance Law
AG's Complaint Against Bank for Violations Of Executive Law Fails to State Cause of Action
People v. Wells Fargo Ins. Services Inc.

NEW YORK COUNTY
Civil Practice

Court States Patient's Medical Malpractice Action Barred By Signed Release
Beck v. Shamamian

NEW YORK COUNTY
Attorneys' Fees

No 'Meeting of Minds' Regarding Oral Agreement By Defendant to Retain Law Firm; Action Dismissed
Barry Mallin & Associates PC v. Nash Metalware Co. Inc.

BRONX COUNTY
Criminal Practice

Petitioner Was Not Denied Effective Assistance Of Counsel; Habeas Corpus Relief Unwarranted
People (ex rel. Terry Smith) v. Warden, Rikers Island Correctional Facility

RICHMOND COUNTY
Torts

Constructive Notice Not Imputed by Ticket Taker; Opera Granted Dismissal of Plaintiff's Injury Claims
Pinto v. Metropolitan Opera

SUFFOLK COUNTY
Family Law

Court Finds Father Neglected His Infant Daughter By Having 'Vile' Child Porn on Home Computer
Matter of M.G. v. Kevin G.

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice

English Language Deficiency May Toll AEDPA Limit But Due Diligence Warranting Tolling Not Shown
Diaz v. Kelly

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

Issues Exist on Infringement Claims Based on Package Color; Secondary Meaning, Confusion Not Shown
Johnson & Johnson v. Actavis Group hf

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Labor Law

Subpoena in Investigator's Authority Limited in Scope Given Prior Offer to Reduce List of Documents Sought
United States v. Dist. Coun., New York City and Vicinity, United Brotherhood of Carpenters and Joiners of America

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

NASD Granted Protective Order; Its Disclosure Of Appeal Brief to SEC Did Not Defeat Request
Standard Investment Chartered Inc. v. National Association of Securities Dealers Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Immigration Law

Asylee Loses Motion for Order to Change Date Of Asylee Relative Petitions' Receipt by USCIS
Farag v. U.S. Citizenship and Immigration Services

Full post as published by New York Supreme Court Criminal Term Library on January 31, 2008 (boomark / email).

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