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Legal Research

: New York Supreme Court Criminal Term Library

New 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 Fund

KINGS COUNTY
Landlord/Tenant Law

Predicate Notice in Owner Occupancy Holdover Proceeding Insufficient to Form Basis For Eviction
Goracy v. Sanchez

NASSAU COUNTY
Contracts

Frustration of Purpose Doctrine Relieves Homeowner's Obligation to Make Payments on Various Contracts
D&A Structural Contractors Inc. v. Unger

NASSAU COUNTY
Landlord/Tenant Law

Court Rejects Tenant's Breach of Warranty Of Habitability Defense, Grants Landlord Judgment
Lenn Property LLC v. Liberman

SUFFOLK 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. Simpson

U.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).

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