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: New York Supreme Court Criminal Term LibraryNew York Law Journal Decisions of Interest July 21, 2008
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Legal Profession
State High Court to Decide if Lawyer's Unsuccessful Attempted Deceit a Basis for Judiciary Law §487 Liability
Amalfitano, plaintiffs-appellees v. Rosenberg, defendant-appellant
APPELLATE DIVISION
FIRST DEPARTMENT
Government
Harlem Community Group Wins FOIL Request Concerning Columbia University Expansion Plan
In re Tuck-It-Away Associates LP v. Empire State Development Corp.
NEW YORK COUNTY
Civil Practice
No Reasonable Jury Could Have Concluded Defendant Was Not the Cause of Accident
Heller v. Shaddad
BRONX COUNTY
Civil Practice
Default Vacated and Complaint Dismissed For Failure to Properly Serve Complaint
Patrick v. 118 East 60th Owners Inc.
KINGS COUNTY
Family Law
Court Rules Division of Property Does Not Require Equal Distribution, Rather Equitable Distribution
HA v. HA
KINGS COUNTY
Torts
Issues of Fact Regarding Restaurant's Negligence, Breach of Duty Preclude Summary Judgment
Barshay v. 273 Brighton Beach Ave. Restaurant Inc.
RICHMOND COUNTY
Criminal Practice
Suppression of Marijuana Discovered After Lawful Arrest Denied; Complaint Found Facially Sufficient
People v. Qiydaar Reddick
SULLIVAN COUNTY
Criminal Practice
First Degree Sexual Abuse Charge Vacated; Judge Calls For Change in Law to Protect the Disabled
People v. Daniel MacLean
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Crack Cocaine Dealer Loses Bid for Resentencing Pursuant to Crack, Powder Guidelines Disparity
United States v. Edgar Ortega
U.S. BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy
Statutory Preferential Avoidance Claims Denied Mandatory Arbitration Under Pre-Petition Pacts
In re Bethlehem Steel Corp. (Bethlehem Steel Corp. v. Moran Towing Corp.)
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Court Rejects Effort by Cocaine Smuggler From Curaçao to Withdraw Guilty Plea
United States v. Raulin Paredes-Acevedo
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts
Binding State High Court Decision Noted in Dismissal Of Banana Peel Notice Claim Against Wal-Mart
Delotch v. Wal-Mart Stores Inc.
Full post as published by New York Supreme Court Criminal Term Library on July 21, 2008 (boomark / email).
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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
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Selection of State Supreme Court Judges
How State Court Judges are Selected
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...
Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
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
A Few Federal Judges are Creating New e-Discovery Rules
New York State Bar Journal Now Available Online
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