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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest February 18, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
1988 Robbery Conviction Reversed; Prosecutor's Challenge of Black Jurors Violated 'Batson'
Jones, petitioner-appellant v. West,* respondent-appellee
APPELLATE DIVISION
FIRST DEPARTMENT
Contracts
Free With Registration: Settlement Exceeding Arbitration Award Upheld; Offer Accepted, Parties Understood Dispute Settled
Kowalchuk v. Stroup NEW YORK COUNTY
Employment
Injunctive Relief Denied in Action to Enforce Non-Compete, Restrictive Covenant Clauses
EPIQ Systems Inc. v. HartieNEW YORK COUNTY
Landlord/Tenant Law
Tenant Not in Violation of Lease; May Convert Option-Space For Intended Use
2350 Fifth Ave. LLC v. 2350 Fifth Ave. Corp.NEW YORK COUNTY
Civil Practice
Owners Denied Motion to Discontinue Action With Prejudice For Affirmative Acts to Prosecute
Highbridge House Ogden LLC v. DHCRQUEENS COUNTY
Creditors' and Debtors' Rights
University Fails to Prove Alleged Loan to Student Is 'Educational Loan' And Not Dischargeable
Long Island University v. WilsonNASSAU COUNTY
Landlord/Tenant Law
Owners Failure to Act Waives Right to Require Written Approval For Assignments, Sub-Leases
I&T Petroleum Inc. v. LaScaliaNASSAU COUNTY
Real Property
Cancellation of Pendency Granted Upon Defendants Filing an Undertaking
Kasan v. PerlinAPPELLATE DIVISION
FOURTH DEPARTMENT
Criminal Practice
Free With Registration: Jurors' Comments to Other Jurors Constitutes 'Improper Influence' Leading to Reversal
People v. Albert ScerboU.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Drug Distribution Conspiracy Convictions Upheld Against Defendants Who Claimed To Be Buyers
United States v. David Parker et al.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
NYPD, City Denied Judgment on Bulk of Claims In Suit Claiming Arrest Absent Cause, Strip Search
Douglas v. City of New YorkU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Court Rejects Claim That Licensing Agreement Could Be Separated Into Distinct Components
Instead Inc. v. ReProtect Inc.
Full post as published by New York Supreme Court Criminal Term Library on February 18, 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 Chief Judge Jonathan Lippman Takes the Center Seat on the New York Court of Appeals
In the February 2009 issue of ABA Journal magazine
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