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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest July 1, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
AEDPA's Standard of Review Applies Even When District Court Conducts Additional Findings on Habeas Review
Wilson, petitioner-appellant v. Mazzuca, respondent-appellee
NEW YORK COUNTY
Real Property
Respondents' False Certification of Correction Of Lead-Based Paint Violations Grants HPD Penalty
Dept. of Housing Preservation and Development v. 157 Bdwy Assoc. NEW YORK COUNTY
Landlord/Tenant Law
Temporary Receiver Failed to Amend Warrant Of Eviction to Name New Owner; Eviction Invalid
164 West 146th Street LLC v. RamirezNEW YORK COUNTY
Landlord/Tenant Law
Same-Sex Partner's Motion to Quash Subpoenas In Licensee Holdover Proceeding Granted
1 Christopher Realty LLC v. MillerKINGS COUNTY
Real Property
Brother Demonstrates Entitlement to Summary Judgment in Partition Action Against Brother
Olivieri v. OlivieriNASSAU COUNTY
Landlord/Tenant Law
Record of Text Messages Between The Parties Shows Fully Executed Lease; Dismissal Denied
Rosen v. Evolution Holdings LLCSUFFOLK COUNTY
Real Property
Bank Fails to Comply With Newly Enacted Subprime Lending Reform Act; Order of Reference Denied
Deutsche Bank Trust Co. Americas v. EisenbergU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Photo of Defendant Does Not Stand Out Enough To Make Photo Array Impermissibly Suggestive
United States v. Roman ZadiriyevU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Legal Profession
Court Does Not Impose Further Sanctions on Current Counsel Who Relied on Information from Prior Counsel
Bender v. Del VelleU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Defendant Proves by Preponderance of Evidence License Agreement Requiring Arbitration Signed Software For Moving
Software For Moving Inc. v. La Rosa Del Monte Express Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Court Dismisses Monetary Damages Claims; No Evidence Defendant Suffered Prejudice by Delay
A.V. by Versace Inc. v. Gianni Versace S.p.A.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Real Property
Fact Finder Could Conclude Petitioner Established Entitlement To Constructive Trust on Real Property
United States v. Eric Lesak
Full post as published by New York Supreme Court Criminal Term Library on July 01, 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.
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate

New York Law Journal Special Report on Labor and Employment Law
European Competition Journal Conference
New York State Bar Journal Now Available Online
Effective July 1, Official Arkansas Reports Will be Electronic Only
A Few Federal Judges are Creating New e-Discovery Rules
Ind. Decisions - More on "Papa John's robbery suit heading to court"









