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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest December 14, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Constitutional Law
Free With Registration: Circuit Finds NYPD Policy on Breathalyzer Tests for Officers Meets 'Special Needs' Test
Lynch v. City of New York

NEW YORK COUNTY
Insurance Law
Failure to Raise Triable Issue on 'Serious Injury' Grants Defendant Summary Judgment
Wagner v. Metropolitan Transportation Authority

KINGS COUNTY
Landlord/Tenant Law

Landlord's Holdover Proceeding Based On Tenant's Alleged Failure to Comply With Cure Notice Dismissed
Green Valley Realty LLC v. Delgado

QUEENS COUNTY
Criminal Practice

Defendant's Allegation He Did Not Voluntarily Jump Bail Must Be Raised as Affirmative Defense
People v. Villarreal

NASSAU COUNTY
Landlord/Tenant Law

Court Concludes Tenant's Son's Social Security Disability Payments Should Be Considered Income
Laurel Homes LP v. Hunter

WESTCHESTER COUNTY
Criminal Practice

Court Denies Inmate's Motion to Withdraw Guilty Plea Finding Claims of Innocence Conclusory
People v. Patterson

WESTCHESTER COUNTY
Criminal Practice

Board's Decision Not 'Irrationality Bordering On Impropriety,' Not Subject to Judicial Review
Matter of Stanley v. NYS Division of Parole

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice

Decision Not to Impose Contemplated Sentence Adjustment Required Findings; Case Remanded
United States v. Labbe

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

Theft, Endorsement, Deposit of Checks Before Proceeds Withdrawal Proved; Supervised Release Revoked
United States v. Spencer

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

Domination, Undercapitalization of Firm Plausibly Stated in Overtime Case; Veil-Pierce Claim Survives
Robles v. Copstat Security Inc.

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

Defendants' Pleadings Can Be Amended; Fraudulent Inducement Claim Could Allow Liability's Avoidance
Anthracite Capital BOFA Funding LLC v. Knutson

Full post as published by New York Supreme Court Criminal Term Library on December 14, 2009 (boomark / email).

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