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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest December 22, 2009

By David Badertscher, PLL

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APPELLATE DIVISION
FIRST DEPARTMENT
Attorney's Fees
Free With Registration: Attorney Can Seek to Recover Fees Despite Faulty Retainer, Panel Says
Nabi v. Sells

NEW YORK COUNTY
Business Law
Court Rules Negligence Claims Are Preempted Under Martin Act
Aris Multi-Strategy Offshore Fund Ltd. v. Devaney

KINGS COUNTY
Family Law

Court Refuses Request for Adoption Order to Be Dated Nunc Pro Tunc for Immigration Purposes
Matter of the Adoption of Sade

QUEENS COUNTY
Criminal Practice

Endangering Welfare of Child Charge For Exposure to Marijuana Stands
People v. Portorreal

NASSAU COUNTY
Taxation

Keyspan Is Awarded $1.3 Million; Ad Valorem Levies Are Ruled Illegal
Keyspan Gas East Corp. v. Supervisor of Town North Hempstead

WESTCHESTER COUNTY
Criminal Practice

Court Finds Defendant Is Not Eligible For Resentencing Under Drug Law Reform Act
People v. Nieves

U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law

NYPD Shooting Breath Test Policy Survives Fourth Amendment Scrutiny Under 'Special Needs' Doctrine
Lynch v. City of New York

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Labor Law

Hybrid §301/Fair Representation Claim Untimely; LMRA §301 Preempts Contract Breach Claim
Arnold v. 1199 SEIU

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

Licensee Estoppel Doctrine Bars Challenge Of Use of Shared Mark for Two Restaurants
HSW Enterprises Inc. v. Woo Lae Oak Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Social Services Law

'Treating Physician' Rule Violated by ALJ; Disability Benefits' Denial Reversed, Case Remanded
Richardson v. Astrue

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

28 USC §1367 Does Not Negate §1441(a) Removal Limit to Cases Where Court Has Original Jurisdiction
Calabro v. Aniqa Halal Live Poultry Corp.

Full post as published by New York Supreme Court Criminal Term Library on December 22, 2009 (boomark / email).

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