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: New York Supreme Court Criminal Term LibraryNew 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. MorenoKINGS 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 YorkKINGS COUNTY
Torts
Claim Proceeds Against Club, Security Agency; Contract Intended to Protect Third Parties
Haber v. Precision Security AgencyKINGS COUNTY
Real Property
Questions of Credibility, Existence of Material Issues Of Fact Preclude Summary Judgment in Partition Suit
Amato v. AmatoNASSAU COUNTY
Land Use and Planning
Residents Granted Preliminary Injunction Preventing Village From Proceeding With DPW Facility Project
Capruso v. Village of Kings PointU.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 TechnologiesU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Twice Failure to Assert Claim Leads to Dismissal With No Replead
Gordon v. LemonsU.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. EatonU.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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Dictating Medical Decisions
New York Employment Law
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Stock Market Losses
alleging bad financial advice and conflicts of interest.
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