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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest January 13, 2010
By David Badertscher, PLL
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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. EndicottBRONX COUNTY
Insurance Law
Plaintiff Did Not Sustain 'Serious Injury' to Neck; Material Issues of Fact Exist Regarding Shoulder
McFarland v. IrizarryAPPELLATE 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. ShawKINGS COUNTY
Criminal Practice
Court Denies Defendant's Motion to Vacate Judgment of Conviction, Set Aside Sentence
People v. HallKINGS COUNTY
Landlord/Tenant Law
Court Rules Only One Individual Co-Owner May Recover Possession of Apartment for Personal Use
Begum v. TapiaRICHMOND COUNTY
Alternative Dispute Resolution
Claims Alleged by Third-Party Do Not Fall Within Parties' Arbitration Provision of Agreement
Concille v. WeingartenAPPELLATE 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 YorkU.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. SwainU.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 LLCU.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).
Dumb New York Laws
Stupid Laws in the Empire State
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Health Insurers
Dictating Medical Decisions
New York Employment Law
alleged violations of New York employment law.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

Intellectual Property Issues in Business Transactions 2010
"Where's My Raise"--Webinair To Be Held January 27, 2010
In the January 2010 issue of ABA Journal magazine
Three recent decisions of interest
January 2010 Oral Argument Calendars Posted at the Kentucky Court Report
Courts - "Left and right differ on the decisions, but each side has its worst list"







