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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest July 28, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
THIRD DEPARTMENT
Taxation
State Properly Used Part-Year Residents' Out-of-State Income in Figuring Applicable Tax Rate
Matter of Nathan, petitioners v. Commissioner of Taxation and Finance, respondents
NEW YORK COUNTY
Government
Free With Registration: Court Orders Hearing to Determine if NYPD's Actions Are Sanctionable, Costs Appropriate
Matter of Castle House Development Inc. v. NYPD
KINGS COUNTY
Torts
Store Granted Summary Judgment Dismissing Complaint Alleging Display Rack Was Dangerous
Freyman v. Duane Reade Inc.
NASSAU COUNTY
Land Use and Planning
Court Confirms Board of Appeals Decision To Grant Homeowner Variance for Existing Fence
Matter of Meyerowitz v. Wright
NASSAU COUNTY
Legal Profession
Plaintiff Lacks Standing to Seek Disqualification of Defendant's Counsel
DeLorenz v. Moss
WESTCHESTER COUNTY
Civil Practice
Court Denies Vacatur of Note of Issue, Conditionally Grants Motion to Compel Plaintiff to Submit to Exam
Spano v. Omni Engineering LLC
WESTCHESTER COUNTY
Criminal Practice
Defendant Granted Dismissal of Charges Of Violating New Rochelle Zoning Code
People v. Anthony Costa
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Reinstatement Denied to Breach Suit Against Brazil Bank, Dismissed on Forum Non Conveniens Grounds
Mendes Junior International Co. v. Banco do Brasil S.A.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
Class Action by Former Shareholders of Kmart Is Dismissed
Campo v. Sears Holdings Corp.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Operator of New York Restaurant Entitled to Relief Enjoining Plaintiff's Use of 'Japonais' Trademark
Tuccillo v. Geisha NYC LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Judge Denies 'Miranda' Supression of Statements Made to Border, Passport Agents at Airport
United States v. Courtney George Miller
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Rights
Judges Deemed Absolutely Immune From Lawsuit Claiming Decisions Impeded Political Party Duties
Kapsis v. Brandveen
Full post as published by New York Supreme Court Criminal Term Library on July 28, 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
Overtime Under New York Law Which Is Broader Than Federal Law
NYLS & Hofstra Plummet on NY Bar Exam, Blame Bad Economy
New York State Bar Journal Now Available Online
COA 2009 Minutes: July 10, 2009 (Nos. 6674-695)
A Few Federal Judges are Creating New e-Discovery Rules
Effective July 1, Official Arkansas Reports Will be Electronic Only








