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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest May 6, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Rights
Inmate's Suit Properly Dismissed for Refusal To Testify at Trial Against Guards, Officials
Lewis, plaintiff-appellant v. Rawson, defendant-appellees

NEW YORK COUNTY
Election Law
Free With Registration: City Council, Mayor Did Not Violate Charter by Enacting Local Law 51
Cohen v. Bloomberg

NEW YORK COUNTY
Landlord/Tenant Law

Landlord Failed to Serve Tenants Cure Notice; Court Grants Dismissal of Holdover Suit
J&D Associates v. Espinal

QUEENS COUNTY
Landlord/Tenant Law

Triable Issue of Contemporaneous Occupancy Presented Sufficient to Deny Summary Judgment
Warren LLC v. Carbello

RICHMOND COUNTY
Torts

Homeowner Raises Questions of Fact Precluding Dismissal of Intentional Emotional Distress Claim
Baum v. Ragozzino

RICHMOND COUNTY
Civil Practice

Res Judicata Does Not Bar Insurers From Asserting Fraudulent Incorporation as Defense
Matter of Andrew Carothers MD PC

NASSAU COUNTY
Landlord/Tenant Law

Tenant Fails to Prove Partial Rent Payment Constituted Accord and Satisfaction
Quentin Roosevelt Associates LLC v. Goldinger

APPELLATE DIVISION
THIRD DEPARTMENT
Family Law

Joint Tenancy Presumption Applies to Account But Jury Could Find It Opened as 'Convenience'
Matter of Corcoran (Corcoran v. Delaney)

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

Bankruptcy Court Erred in Requiring Firm to Show 'Ready, Willing, and Able' to Perform on Contract
In re Asia Global Crossing Ltd. (360Networks Corp. v. Geltzer)

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

Rule 4(a)(6) Conditions Found Satisfied To Reopen Time To File Appeal for 14 Days
Slaughter v. United States

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

Fraud Convict Loses Ineffective Assistance Claims Against Trial Counsel; Performance 'Exemplary'
United States v. George Balis

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

'Booker,' 'Kimbrough,' Amendment 706 Preclude Reduced Sentence for Crack Cocaine's Distributor
United States v. Angel Simon Turbides Guerrero

Full post as published by New York Supreme Court Criminal Term Library on May 06, 2009 (boomark / email).

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