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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest January 13, 2010

By David Badertscher, PLL

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http://www.nylj.com

BRONX COUNTY
Criminal Practice
Free With Registration: Rejection of Bid for Resentencing Under Drug Laws Highlights Latitude Given Judges
People v. Stella

NEW YORK COUNTY
Administrative Law
Doctor Fails to Exhaust Administrative Remedies; Court Lacks Jurisdiction Granting DOH Dismissal
Reyes-Arguelles v. Daines

NEW YORK COUNTY
Civil Practice

Prior Order Vacating Default Judgment Reversed; 1993 Judgment Against Defendant Is Reinstated
Levy v. Endicott

BRONX COUNTY
Insurance Law

Plaintiff Did Not Sustain 'Serious Injury' to Neck; Material Issues of Fact Exist Regarding Shoulder
McFarland v. Irizarry

APPELLATE DIVISION
SECOND DEPARTMENT
Legal Profession

Bankruptcy Court's Award of Attorney's Fees Barred Legal Malpractice Claims Based on Same Services
Breslin Realty Development Corp. v. Shaw

KINGS COUNTY
Criminal Practice

Court Denies Defendant's Motion to Vacate Judgment of Conviction, Set Aside Sentence
People v. Hall

KINGS COUNTY
Landlord/Tenant Law

Court Rules Only One Individual Co-Owner May Recover Possession of Apartment for Personal Use
Begum v. Tapia

RICHMOND COUNTY
Alternative Dispute Resolution

Claims Alleged by Third-Party Do Not Fall Within Parties' Arbitration Provision of Agreement
Concille v. Weingarten

APPELLATE DIVISION
THIRD DEPARTMENT
Taxation

Caterer's Rental of Rented Equipment to Customers Not Re-Rental; $72,053 Sales Tax Assessment Stands
Matter of 21 Club Inc. v. Tax Appeals Tribunal of the State of New York

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

Grand Jury Irregularity Charge Is Rejected In Denial of Superseding Indictment?s Dismissal
United States v. Swain

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law

Reliance on Oral Assurances Unreasonable; Offer Papers Explained Investment, Disclaimed Risks
Kosovich v. Metro Homes LLC

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

Confession Recanting Trial Testimony 'Incredible', Does Not Warrant Grant of Habeas Corpus Relief
Cordero v. Rivera

Full post as published by New York Supreme Court Criminal Term Library on January 13, 2010 (boomark / email).

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