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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest August 12, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Free With Registration: Court Within Its Discretion in Ordering Sports Gambling Conspirator to Pay Restitution to Basketball League
United States, appellee v. James Battista, defendant-appellant

NEW YORK COUNTY
Real Property
Switch Box in Basement Storage Space Ruled Implied Appurtenance Granting Dismissal of Holdover Petition
121 Varick St. Corp. v. Group IX Inc.

KINGS COUNTY
Real Property

Court Finds Defendant's Gate, Fence Unreasonably Interfere With Plaintiffs' Easement, But Step Does Not
Butts v. Moreno

KINGS COUNTY
Civil Practice

Petitioner's Application to Have Her Pro Se Notice Of Claim Deemed Timely Served Nunc Pro Tunc Denied
Castillo v. City of New York

KINGS COUNTY
Torts

Claim Proceeds Against Club, Security Agency; Contract Intended to Protect Third Parties
Haber v. Precision Security Agency

KINGS COUNTY
Real Property

Questions of Credibility, Existence of Material Issues Of Fact Preclude Summary Judgment in Partition Suit
Amato v. Amato

NASSAU COUNTY
Land Use and Planning

Residents Granted Preliminary Injunction Preventing Village From Proceeding With DPW Facility Project
Capruso v. Village of Kings Point

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law

Affirmative Defenses Fail; Plaintiffs Took No 'Unconscionable' Action
Roswell Capital Partners LLC v. Alternative Construction Technologies

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

Twice Failure to Assert Claim Leads to Dismissal With No Replead
Gordon v. Lemons

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property

Copyright Infringement Suit for Use Of Musical Works Survives Dismissal
Ortiz v. Guitian Music Brothers Inc.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Real Property

Injunction Requests Are DeniedFor Failure to Show Success on Merits
Jenkins v. Eaton

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Taxation

Loss of Records Is Not Reasonable Cause for Late Filing of Forms
American Friends of Yeshivat Ohr Yerushalayim Inc. v. United States

Full post as published by New York Supreme Court Criminal Term Library on August 12, 2009 (boomark / email).

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