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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest June 30, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Business Law
When ESOP Incurs Debt to Buy Stock Then Sells Stock To Cancel Debt, Cancellation Does Not Reduce Stock Price
Henry, plaintiffs-appellants v. U.S. Trust Company of California N.A., defendant-appellee
NEW YORK COUNTY
Administrative Law
Medicaid IG's Determination Denying Doctor Reinstatement to Program as Provider Annulled
Matter of Mihailescu v. Sheehan NEW YORK COUNTY
Landlord/Tenant Law
Court Rules Landlord's Claim For Possessory Judgment Not Collaterally Estopped
Garfunkel & Tauster Corp. v. GulinazzoKINGS COUNTY
Torts
Upon Reargument Triable Issues of Whether School Negligently Created Hazardous Condition Found
Kessler v. Bobover Yeshive Bnei ZionRICHMOND COUNTY
Insurance Law
Precluding Insurer From Issuing Denial Claim For Lateness in Requesting Follow Up Verification 'Absurd'
Pine Hollow Medical PC v. Global Liberty Ins. Co. of NYNASSAU COUNTY
Alternative Dispute Resolution
Court Denies Confirmation of Arbitration Award; Failure to Attach Monthly Statements Fatal Defect
FIA Card Services NA v. FauceraSUFFOLK COUNTY
Real Property
Court Finds Homeowner Not Entitled to Mandatory Settlement Conference Or Voluntary Conference
LaSalle Bank NA v. NovettiU.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Sale Agreement Conveying All Rights of Fashion Designer to Use His Name Ruled Ambiguous
JA Apparel Corp. v. AbboudU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Motion to Arrest Judgment Is Denied; Both Counts Properly Tracked Relevant Statutory Language
United States v. Malik AshfaqU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Failure to Timely File With SEC Does Not Constitute Failure to Perform Under Contract Terms
American Stock Transfer & Trust Co. v. Par Pharmaceutical Companies Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Judgment Offer Fails to Specify It Was Inclusive Of Costs; Plaintiff Is Entitled to Additional Costs
Harrell v. Van der PlasU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Federal Courts Do Not Have Jurisdiction to Issue Writ Compelling Prison to Seek Reduced Sentence
DeFeo v. Lapin
Full post as published by New York Supreme Court Criminal Term Library on June 30, 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 Times Article on Microloans and Training
New York Law Journal Special Report On Law Schools
Law and Lit in the Journal of Legal Education
Independent Contractor vs. Employee
New York Law Journal Special Report on Labor and Employment Law







