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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest August 27, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
THIRD DEPARTMENT
Taxation
Tax Agency Need Not Reduce Officers' Liability After Accepting Amnesty Amount From Corporation
Matter of Dong Ming Li, petitioners v. Commissioner of Taxation and Finance, respondents
NEW YORK COUNTY
Insurance Law
Insurer Denied Partial Summary Judgment As Defendant's Notice Found Timely
Travelers indemnity Co. v. Orange and Rockland Utilities Inc. KINGS COUNTY
Alternative Dispute Resolution
Arbitrator Not Bound by Principles of Substantive Law; Claimant's Motion to Vacate Award Denied
NY Commercial Financial Corp. v. Clinton Housing Development FundKINGS COUNTY
Landlord/Tenant Law
Predicate Notice in Owner Occupancy Holdover Proceeding Insufficient to Form Basis For Eviction
Goracy v. SanchezNASSAU COUNTY
Contracts
Frustration of Purpose Doctrine Relieves Homeowner's Obligation to Make Payments on Various Contracts
D&A Structural Contractors Inc. v. UngerNASSAU COUNTY
Landlord/Tenant Law
Court Rejects Tenant's Breach of Warranty Of Habitability Defense, Grants Landlord Judgment
Lenn Property LLC v. LibermanSUFFOLK COUNTY
Civil Practice
Summons Served Without Complaint Does Not Constitute 'Another Action' Under CPLR 3211(a)(4)
Koko Contracting Inc. v. U.W. Marx Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Arbitral Award Confirmed; No Basis to Find Compact's Amendment Circumvented "Cooling Off" Provision
Idea Nuova Inc. v. GM Licensing Group Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Consumer Protection
Proposed Class Suit Alleging Subaru's Breach Of Odometer Act Survives Dismissal Effort
Vasilas v. Subaru of America Inc.U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Summary Judgment Denied to Clown's Infringement Suit Over Use of Book Excerpts on Standardized Tests
Harris v. Simon & Schuster Inc.U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Bankruptcy
Suit Alleging Legal Malpractice, Other Claims Stays In Bankruptcy Court; Remand to State Court Denied
Baker v. SimpsonU.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice
Dismissal of Charges in 'Prevailing Wage' Fraud Scheme Rejected as Are Guilty Pleas' Withdrawal
United States v. Steven Coren
Full post as published by New York Supreme Court Criminal Term Library on August 27, 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.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

Interest Arbitration Could Not Be Mandated By Interest Arbitrator
New York State Bar Journal Now Available Online
ALI-ABA Offers Legal Ethics CLE via Web or Phone on August 27
Pharmaceutical and Biotech Patent Law
Southwestern Publishes its First Issue of Journal of Legal Education
Ind. Decisions - Transfer list for week ending August 14, 2009 not yet available








