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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest April 30, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Defendant Lacks Sixth Amendment Right to Jury Instruction on Mandatory Minimum Sentence
United States, appellee-cross-appellant v. Pietro Polouizzi, defendant-appellant-cross-appellee

NEW YORK COUNTY
Contracts
Service Mark Is a Root, Not Derivation; Injunctive Relief Is Denied
Zvue Corp. v. Bauman

NEW YORK COUNTY
Legal Profession

Lack of Attorney-Client Relationship Dismisses Legal Malpractice Suit Against Attorney
Damone v. Levy

BRONX COUNTY
Criminal Practice

Court Finds Knife Charge Is Not Based On Probable Cause; Plea Is Vacated
Matter of Defina v. NYS Division of Parole

BRONX COUNTY
Torts

Expert's Opinion on 'Serious Injury' Is Not Clearly Sufficient
Nathaniel v. Caceresdepallares

NASSAU COUNTY
Insurance Law

Court Rules Peer Review Report From Insurance Doctor Is Inadequate
Elmont Open MRI & Diagnostic Radiology v. Progressive Cas. Ins. Co.

SUFFOLK COUNTY
Contracts

Court Concludes Terms, Conditions on Back Of Contract Are Void, Unenforceable
Winter Bros. Recycling Corp. v. Barry Imports East Corp.

APPELLATE DIVISION
THIRD DEPARTMENT
Civil Practice

Panel Upholds Answer's Strike as Sanction For Noncompliance With Discovery Demands
Olmsted v. Pizza Hut of America Inc.

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

Panel Rules as to Non-Lawyer's Representation Of Incompetent, as Guardian, Without Counsel
Berrios v. New York City Housing Authority

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

Court Holds Jurisdiction But Claim Not Stated In Action on Painting's Conversion, Ownership
Brown v. Mitchell-Innes & Nash Inc.

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

Infringement Claim's Dismissal Recommended; Issue Exists on Claim of Fraud on Copyright Office
Kwan v. Schlein

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

Court Adheres to Order Preventing Connecticut From Seeking Certain Relief on Zyprexa Claims
State of Connecticut v. Eli Lilly & Co.

Full post as published by New York Supreme Court Criminal Term Library on April 30, 2009 (boomark / email).

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