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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest February 24, 2010

By David Badertscher, PLL

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NEW YORK STATE COURT OF APPEALS
Government
Free: Absence of Judges' Raise Held Unconstitutional, But High Court Declines to Order Specific Remedy
Maron v. Silver, 16; Larabee v. Governor, 7; Chief Judge v. Governor, 18

APPELLATE DIVISION
FIRST DEPARTMENT
Motor Vehicles
Court Erred in Denying Crash Victim Judgment On Basis of Questions as to His Own Negligence
Tselebis v. Ryder Truck Rental Inc.

NEW YORK COUNTY
Insurance Law

Architect's Motion Premature, Fails to Establish Entitlement to Dismissal, Summary Judgment
Tower Ins. Co. of NY v. Centre Court Holdings LLC

NEW YORK COUNTY
Civil Practice

Plaintiff Is Directed to Appear for Another Deposition and Answer All Questions Posed
Velez v. Bear Stearns 7 Co. Inc.

BRONX COUNTY
Landlord/Tenant Law

Incarceration Did Not Divest Tenant of Succession Rights to Apartment; Summary Dismissal Granted
Kelly Mgt LLC v. Soltero

KINGS COUNTY
Landlord/Tenant Law

Notices Fail to Contain Factual Statements of When, How Tenant's Conduct Resulted in Violations
Shore Lane Arms Owners Corp v. Mazza

QUEENS COUNTY
Criminal Practice

Court Rules 'Low Copy Number' DNA Testing Met 'Frye' Standard; Motion to Exclude Evidence Denied
People v. Megnath

NASSAU COUNTY
Landlord/Tenant Law

Marital Stipulation Did Not Create Landlord-Tenant Relationship; Court Lacks Jurisdiction
Ward-Evans v. Evans

APPELLATE DIVISION
THIRD DEPARTMENT
Civil Rights

No Meaningful State Action in Free Speech Action After False Arrest for Wearing Anti-War Shirt in Mall
Downs v. Town of Guilderland

U.S. COURT OF APPEALS, SECOND CIRCUIT
Alternative Dispute Resolution

Waiver of Allegedly Unconscionable Clauses From Pact Renders Retaliation Claim Arbitrable
Ragone v. Atlantic Video

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

Anti-Union Animus, but No Evidence Leader Was Treated Different Because She Is Hispanic
Clemente v. New York State Division of Parole

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

IRA Terrorist's FOIA Bid for FBI Records Fails; FOIA Processes Not Used, Case Did Not Arise Under Law
McKevitt v. Mueller

Full post as published by New York Supreme Court Criminal Term Library on February 24, 2010 (boomark / email).

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