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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest September 10, 2009

By David Badertscher, PLL

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APPELLATE DIVISION
THIRD DEPARTMENT
Election Law
Certificate of Substitution Did Not Strictly Comply With Statutory Requirements, Properly Invalidated
Matter of Landry, respondent v. Mansion, appellants-respondents

NEW YORK COUNTY
Business Law
Withdrawal Ruled a Distribution of Capital Subject To 3-Year Statute of Limitations; Claims Time-Barred
Mostel v. Petrycki

KINGS COUNTY
Civil Practice

Plaintiff Did Not Establish Notice to Cure Was Sent Pursuant to Stipulation; Default Judgment Vacated
CACV of Colorado LLC v. Atekha

QUEENS COUNTY
Civil Practice

Court Vacates Order to Sustain Traverse, Reorders Hearing as Sole Witness Not Sworn
Barnaby v. Coreman Inc.

NASSAU COUNTY
Creditors' and Debtors' Rights

Failure to Properly Challenge Exemption or Serve At Statutorily Required Address Dooms Case
Midland Funding LLC v. Digonis

SUFFOLK COUNTY
Civil Practice

Third Prong of Relation Back Doctrine Not Met; Motion Denied to Apply Same to Add Defendant
Tristaino v. Teitler

WESTCHESTER COUNTY
Election Law

Right to Object to Proxies Waived for Failing To Object to Same at County Committee Meeting
Matter of Jarosz v. Spano

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty

Pending Circuit Ruling, Attachment Authorized Only on EFT Transfers Originated by Defendant
American Steamship Owners Mut'l Prot. and Indemnity Assoc. v. Atlantic Oil Maritime S.A.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment

SOX §806 Whistleblower Charge Rejected in Summary Dismissal of Executive's Suit Against Former Employer
Fraser v. Fiduciary Trust Company International

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

Honeywell Granted Discovery Stay in Distributor's Suit Alleging Sherman, Clayton Antitrust Breaches
Integrated Systems and Power Inc. v. Honeywell Int'l Inc.

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice

Equitable Estoppel Unavailable on Claim; Labs Fraudulently Concealed Drug Test Involvement
Drake v. Laboratory Corp. of America Holdings

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice

Hurt Cyclist Raises Issue Whether Taiwanese Firm Ships Carbon Fiber Bicycle Forks to New York
Schmidt v. Martec Industries Corp.

Full post as published by New York Supreme Court Criminal Term Library on September 10, 2009 (boomark / email).

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