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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest July 2, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
SECOND DEPARTMENT
Land Use and Planning
Town's Zoning Board Properly Found Proposed Access Road to Senior Housing Development Not Permitted Use
Matter of BBJ Associates LLC, respondent v. Zoning Board of Appeals of Town of Kent, appellant
NEW YORK COUNTY
Employment
Former Employee Established Prima Facie Case of Disability Discrimination Against Verizon
Joseph v. Verizon New York Inc. KINGS COUNTY
Contracts
Court Finds Fraud Claim Separate, Distinct From Contract Breach Claim; Fraud Action Ruled Viable
L&L Auto Distributors and Suppliers Inc. v. Auto Collection Inc.QUEENS COUNTY
Torts
City Not Liable For Dog Attack Outside Park; Did Not Have Special Relationship, Owe Duty to Plaintiff
Connolly v. SimonQUEENS COUNTY
Insurance Law
Insurer Denied Motion to Dismiss Provider's Claims For Claimant's Non-Appearance For an EUO
New Era Massage Therapy PC v. Progressive Casualty Ins. Co.NASSAU COUNTY
Torts
Doctrine of Assumption of The Risk Bars Soccer Game Spectator From Recovering For Injuries
Andrade v. County of NassauERIE COUNTY
Business Law
Sophisticated Plaintiff Relieved From Obligation To Investigate For Defendant's Fiduciary Duty Breach
McGuire Children LLC v. HuntressU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
'Pyett' Controls Discrimination Suit's Dismissal Because Bargaining Pact Mandated Arbitration
Borrero v. Ruppert Housing Co. Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
'Corrective Disclosure' in Purported Hostile Takeover Not Compelled; Williams Act Claim Not Proved
NRG Energy Inc. v. Exelon Corp.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Child's Lead Poisoning Suit Remanded to State Court; Diversity Jurisdiction Not Met, Removal Untimely
De La Rosa v. 610-620 West 141 LLCU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Settlement Between Bicycle Component Maker, Designer Over Marks' Usage Deemed Enforceable
Burkina Wear Inc. v. Campagnolo S.R.L.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy
Bankruptcy Court's Application of Judicial Estoppel As to Payments Deemed Abuse of Its Discretion
In re: Trace Int'l Holdings Inc. (Pereira v. Dow Chemical Co.)
Full post as published by New York Supreme Court Criminal Term Library on July 02, 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

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