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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest January 17, 2008
By David Badertscher, PLL
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Matter of Eadie, appellants v. Town Board of the Town of North Greenbush, appellant
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APPELLATE DIVISION
THIRD DEPARTMENT
Land Use and Planning
Supreme Court Properly Dismissed Challenge to SEQRA Negative Declaration for 35-Acre Commercial Project
NEW YORK COUNTY
Creditors' and Debtors' Rights
Presentation of Evidence of $41,000 Loan in Small Claims Waives Right to Seek Repayment of Balance
Qureshi v. Hanlon
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KINGS COUNTY
Employment
Determination Not to Include Lump Sum Back Pay Not Earned by City Worker Is Found Rational
Matter of Yovino v. New York City Civil Employees' Retirement System
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KINGS COUNTY
Landlord/Tenant Law
Golub Notice Sufficient to Apprise Tenants of Basis For Non-Renewal in Personal Use Holdover Action
Malafis v. Rosario
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RICHMOND COUNTY
Government
Officer Fails to Raise Triable Issues on Common Law Negligence Claims; Succeeds on Code Violations
Divito v. Goodfellas Brick Oven Pizza
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NASSAU COUNTY
Banking
Questions of Fact Exist on Whether Promissory Note Usurious Precluding Summary Judgment
Dampf v. Moshell
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ROCKLAND COUNTY
Real Property
Servient Estate Enjoined From Parking Vehicles On Easement; May Only Use for Ingress, Egress
Biondi v. McGrath
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Court's Reliance on Record, Including Presentence Report, Was Adequate Basis for Imposed Sentence
United States v. Pedro Espinoza
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U.S DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Hindu Ticket Agent's Discrimination Suit Dismissed; Release Discharged El Al of Liability Under Title VII
Malaney v. El Al Israel Airlines
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U.S DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Dismissal Recommended for Complaint Alleging Contract Breach, Fraud in Connection With Business Venture
Spithogianis v. Haj-Darwish
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U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Memo by Trademark Counsel Deemed Protected By Attorney-Client Privilege, Work-Product Doctrine
JA Apparel Corp. v. Abboud
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U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Charterer?s Complaint Dismissed; Maritime Claim Not Shown Under Either English or American Law
Naias Marine S.A. v. Trans Pacific Carriers Co. Ltd.
Full post as published by New York Supreme Court Criminal Term Library on January 17, 2008 (boomark / email).
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