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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest September 1,2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Energy and Natural Resources
Free With Registration: Panel Lacks Jurisdiction Under Hobbs Act to Review Fire Safety Exemptions to Nuclear Plant's Operator
Brodsky, petitioners v. U.S. Nuclear Regulatory Commission, respondent


NEW YORK COUNTY
Contracts

Parents Are Granted Discovery to Ascertain If School Suffered Loss From Child's Withdrawal
Gunderson v. Park West Montessori Inc.

KINGS COUNTY
Landlord/Tenant Law

Video Surveillance Evidence Not Considered Credible; No Evidence Tenant Abandoned Brooklyn Apartment
77 Division Ave. LLC v. Toro

SUFFOLK COUNTY
Government

Town Granted Dismissal of Fishermens' Complaint Asserting Unconstitutionality of Local Law
Brookhaven Baymen's Assoc. Inc. v. Town of Southampton

SUFFOLK COUNTY
Business Law

Company's Complaint Sufficiently States Cause Of Action for Breach of Restrictive Covenants
RMS Holdings Inc. v. Fujita

WESTCHESTER COUNTY
Election Law

Designating Petition Constituted Over-Designation, Violated Election Law §6-134(4) and Not Curable
Matter of Williams v. Westchester County Bd. of Elections

WESTCHESTER COUNTY
Civil Practice

Knowledge of Occurrence Is Not Akin to Statutory Requirement of Knowledge of Claim's Essential Facts
Matter of Sutherland v. County of Westchester

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts

Claims Grounded on Human Resources Executives' Revisions to Performance Evaluation Dismissed
Sullivan v. Brodsky

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

Res Judicata Bars Condo Board's Alter Ego Claim Seeking Recovery on Judgment Against Nonparty
Board of Managers of the 195 Hudson Street Condominium v. Jeffrey M. Brown Associates Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts

Both Sides Denied Judgment in Breach Action Alleging Sales Commissions' Reductions
Doynow Sales Associates Inc. v. Rocheux Int'l of New Jersey Inc.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Insurance Law

Complaint's Amendment to Add Punitive Damages Claim Grounded on Louisiana Statute Denied as Futile
Callon Petroleum Co. v. National Indemnity Co.

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

Court Urges Review of Precedents Mandating Imposition of 'Unnecessarily Harsh' Sentence
United States v. Stanley Feaster

Full post as published by New York Supreme Court Criminal Term Library on September 01, 2009 (boomark / email).

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