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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest September 14, 2009
By David Badertscher, PLL
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APPELLATE DIVISION
FOURTH DEPARTMENT
Criminal Practice
Deputies Lacked Reasonable Suspicion to Extend Traffic Stop After Initial Justification Exhausted
People, respondent v. Thomas Edwards Jr., defendant-appellant
NEW YORK COUNTY
Criminal Practice
Dismissal of Disorderly Conduct Charge Denied; Defendant's Conduct Caused Breach of Peace
People v. Tavares
KINGS COUNTY
Civil Practice
Court Severs Premises Liability, Medical Malpractice Actions to Avoid Confusion or Prejudice to Plaintiff
Boeke v. Our Lady of Pompei School
NASSAU COUNTY
Criminal Practice
Defendant's Motion to Suppress Evidence, Statement Denied; Evidence in Plain View
People v. Regan
WESTCHESTER COUNTY
Civil Practice
Court Grants Plaintiff Authority to Attach Defendant's Assets for Forfeiture Charges
DiFiore v. Baccellieri
WESTCHESTER COUNTY
Criminal Practice
Defendant's Choice to Seek Mistrial Cannot Act As Bar to Retrial Based on Double Jeopardy
People v. Marslow
ALBANY COUNTY
Civil Practice
Father's Motion for Expenses Associated In Proving Child's Medical Records Denied
Radzyminski v. Nalbone
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Consumer Protection
Free With Registration: FDCPA Suit Dismissed; Statements Not Shown False or Capable of Defamatory Construction
Gargiulo v. Forster & Garbus Esqs.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Landlord/Tenant Law
Lease, Amendment Deemed One Contract; Debtor Assuming Lease Also Assumed Its Amendment
Development Specialists Inc. v. 1114 6th Avenue Co. LLC
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment Law
FMLA Rights Interference, Retaliation Suit Dismissed; No Evidence Support Claims
Di Giovanna v. Beth Israel Medical Center
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Despite Lawyer's Disbarment Respondent Had Notice Of Arbitration Hearing, Opportunity to Be Heard
Euromarket Designs Inc. v. McGovern & Co. LLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Action's Restoration Denied; Dilatory History Noted; Mistake, Extraordinary Circumstances Not Found
Pulatani v. Mutual of Omaha Insurance Co.
Full post as published by New York Supreme Court Criminal Term Library on September 14, 2009 (boomark / email).
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