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: New York Supreme Court Criminal Term LibraryNew 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. AtekhaQUEENS 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. DigonisSUFFOLK COUNTY
Civil Practice
Third Prong of Relation Back Doctrine Not Met; Motion Denied to Apply Same to Add Defendant
Tristaino v. TeitlerWESTCHESTER COUNTY
Election Law
Right to Object to Proxies Waived for Failing To Object to Same at County Committee Meeting
Matter of Jarosz v. SpanoU.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 InternationalU.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 HoldingsU.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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