Legal Research

New York Law Journal: Decisions of Interest April 7, 2009

By David Badertscher, PLL

http://www.nylj.com

Subscription required for online access unless otherwise noted:

U.S. COURT OF APPEALS, SECOND CIRCUIT
Attorney's Fees
Free With Registration: Voluntary Change in Behavior Is Insufficient To Confer 'Prevailing Party' Status
Garcia, plaintiffs-appellees v. Yonkers School District, defendants-appellants*

NEW YORK COUNTY
Contracts
Defendant Fails to Raise Triable Issues Whether Agreement Contained Scrivenor's Errors
NYS Urban Devel. Corp. v. Paul T. Freund Corp.

KINGS COUNTY
Criminal Practice
Court Denies Vacatur of Conviction Judgment, Faults 'Vigilante' Efforts by Defendant's Mother
People v. John Giuca

NASSAU COUNTY
Taxation
Dismissal of Tax Assessment Review Denied; Petitioner's Noncompliance Not Willful
Archstone Communities Trust v. Board of Assessors

WESTCHESTER COUNTY
Landlord Tenant Law
Court Concludes Excessive Utility Charge Insufficient to Grant Tenant Summary Judgment
Claremont Gardens Associates v. Contreras

ROCKLAND COUNTY
Landlord/Tenant Law
Court Finds Tenant's, Parents' Testimony Credible Granting Return of Security Deposit on Premises
Savage v. Riverscape Associates LLC

ORANGE COUNTY
Evidence
Doctor Can be Cross-Examined About Conviction For Attempted Unauthorized Medical Practice
Torress v. Ashmawy

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Parties Fail to Prove Counsel Must Be Disqualified Under Successive Representation Analysis
Applied Technology Limited v. Watermaster of America Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Issue of Fact Exists Regarding Use of Marks On Search Engine Sites; Sanctions Bid Denied
Romeo & Juliette Laser Hair Removal Inc. v. Assara I LLC

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Administrative Law
No Expense Reimbursement for Parents of Autistic Child Who Received High Level of Therapy
A.G. v. Frieden

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Grant of License by Defendant Infringed Upon Plaintiff's Copyright to Musical Composition
Tolliver v. McCants

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Insurance Law
Fact Issue Exists if Insured Plaintiff Was Full-Time Employee When He Applied for, Received Coverage
Scarangella v. Group Health Inc.

Full post as published by New York Supreme Court Criminal Term Library on April 07, 2009 (boomark / email).