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Legal Research

: New York Supreme Court Criminal Term Library

New 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. Ramirez

NEW YORK COUNTY
Landlord/Tenant Law

Same-Sex Partner's Motion to Quash Subpoenas In Licensee Holdover Proceeding Granted
1 Christopher Realty LLC v. Miller

KINGS COUNTY
Real Property

Brother Demonstrates Entitlement to Summary Judgment in Partition Action Against Brother
Olivieri v. Olivieri

NASSAU COUNTY
Landlord/Tenant Law

Record of Text Messages Between The Parties Shows Fully Executed Lease; Dismissal Denied
Rosen v. Evolution Holdings LLC

SUFFOLK COUNTY
Real Property

Bank Fails to Comply With Newly Enacted Subprime Lending Reform Act; Order of Reference Denied
Deutsche Bank Trust Co. Americas v. Eisenberg

U.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 Zadiriyev

U.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 Velle

U.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).

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