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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest July 29, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
THIRD DEPARTMENT
Consumer Protection
Free With Registration: No Error in Rulings Holding Paralegal, Document Preparation Business Operator in Contempt, Fines
Matter of People of the State of New York., respondent v. Hooks, appellant
NEW YORK COUNTY
Civil Practice
Owner Granted Vacatur of Default; Court Opines Bank Showed Bad Faith
Washington Mutual Bank v. Saint Nicholas Ave. Holdings LLCNEW YORK COUNTY
Landlord/Tenant Law
Failure to Comply With MDL §301 Bars Landlord From Maintaining Nonpayment Proceeding Against Tenant
58 E. 130th St. LLC v. MoutonNEW YORK COUNTY
Landlord/Tenant Law
Landlord Barred by Doctrine of Laches From Recovering Stale Rent Demanded From Tenant
Kim v. WitkoskiKINGS COUNTY
Torts
Summary Judgment Granted to Out-of-Possession Owner as It Had No Notice of Dangerous Condition
Harris v. Carlisle 11th Ave. Associates LLCKINGS COUNTY
Alternative Dispute Resolution
Insurer Cannot Insist on Adherence of Policy Terms After Repudiation of Liability on Assignor's Claim
Matter of NY Medical Health PC v. NYC Transit AuthorityNASSAU COUNTY
Civil Practice
Court Lacks Power to Grant Plaintiff LeaveTo Serve Late Demand for Trial de Novo
Bronx Radiology PC v. Allstate Ins. Co.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Upholds Orders to Pay $3,095 Sanction For Deposition Nonappearance in Delayed Case
Edmonds v. SeaveyU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Discrimination Suit Fails to Claim Race Played Role in Termination
Clarke v. Flushing Manor Care CenterU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts
Motion to Dismiss Is in Abeyance Pending Receipt of Documents
Accolla v. U.S. GovernmentU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights
Inmate's Due Process Claim for Failure To Provide Assistance Survives
Rosales v. FischerU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Expert Testimony Is Not Crucial, Does Not Cause Actual Prejudice
Martich v. Smith
Full post as published by New York Supreme Court Criminal Term Library on July 29, 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








