Legal Research

New York Law Journal: Decisions of Interest February 25, 2010

By David Badertscher, PLL

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APPELLATE TERM
SECOND DEPARTMENT
Criminal Procedure
Free With Registration: Exclusion of Evidence Over Police Officer's Repeated Failures to Appear in Court Upheld
People v. Valentin

NEW YORK COUNTY
Contracts
Seller Entitled to Return of Advance Paid to Broker As Closing of Condo Not Consummated by Buyer
101 Warren Street Associates LLV v. Prestige Homes Realty LLC

NEW YORK COUNTY
Employment
DOE Fails to Show Decision to Terminate Aide Would Have Been Same if Sexual Orientation Not Considered
Sandiford v. City of New York Dept. of Ed.

KINGS COUNTY
Civil Practice
Court Denies Transfer of Action From Small Claims Part to This Court, Consolidation for Joint Trial
Moise v. Brown

QUEENS COUNTY
Criminal Practice
Officer's Leaning Into Vehicle Removed Case From 'Ambit of Plain View Doctrine'
People v. Joris

NASSAU COUNTY
Torts
County Granted Dismissal as Administrative Code Cannot Be Construed in Accord With Highway Law
Shapiro v. County of Nassau

SUFFOLK COUNTY
Civil Practice
Plaintiff Granted Vacatur of Default Conditioned On His Payment of Defendant's Motion Costs
Barr v. Bloom

APPELLATE DIVISION
THIRD DEPARTMENT
Workers' Compensation
Decision Is Affirmed Not to Re-Open Claim After 14-Year Lapse Despite Lack of Ruling on Merit
Magidson v. Strategic Telemarketing Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
International Law
Court Lacks Jurisdiction to Hear Advisor's Claims Of Harassment, Bias by U.N. Mission Charge
Hijazi v. Permanent Mission of Saudi Arabia to the United Nations

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
No Preemption When Hedge Fund Shares Not Covered By SLUSA But Fund Portfolio Holds 'Covered Securities'
Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities LLC

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Business Law
ETF's Investors Not 'Customers' Whose Claims Against Broker Must Be Arbitrated Under FINRA
ProShares Trust v. Schnall

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Land Use and Planning
Equal Protection Claims Rejected in Challenge To Ordinance Increasing Parcel's Minimum Acreage
Toussie v. Town Board of the Town of East Hampton

Full post as published by New York Supreme Court Criminal Term Library on February 25, 2010 (boomark / email).