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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest March 29, 2010
By David Badertscher, PLL
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APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice
Failure to Solicit Testimony on Chance of Accidental Discharge of Gun Held Ineffective Assistance
People v. Hull
NEW YORK COUNTY
Criminal Practice
Post-Release Supervision Terminated; Defendant Discharged From Sentence
People v. Woods
NEW YORK COUNTY
Landlord/Tenant Law
Landlord Provides Documentary Evidence Tenant Did Not Primarily Reside in Subject Residence
Wah Kok Realty Corp. v. DeJesus
KINGS COUNTY
Torts
Prior Assault Ruled Dissimilar in Nature, Did Not Put Department on Notice of Future Misconduct
Abadia v. City of New York
QUEENS COUNTY
Civil Practice
Absence of Actual Notice of Essential Facts, Reasonable Excuse for Delay Denies Petition
Matter of Diaz v. City of New York
QUEENS COUNTY
Criminal Practice
Defendant Ineligible for Resentencing Under 2009 Drug Law Reform Act
People v. Watson
QUEENS COUNTY
Juvenile Law
Court Rules Interest of Justice Warrants Sealing Juvenile Delinquency Records
Matter of Donald R.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Fact Issues Exist in 'Sippy Cup' Maker's Infringement, Dilution Lawsuit
Luv N' Care Ltd. v. Walgreen Co.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Selective Waiver Doctrine Applies in Litigant's Bid for Production of Privileged Papers
Police and Fire Retirement System of the City of Detroit v. SafeNet Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence
SEC's Orders Instituting Proceedings Admissible In Fraud Suit Against Hedge Fund Adviser
Securities and Exchange Commission v. Pentagon Capital Management PLC
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Default Leads to Ban on Ice Cream Purveyors' Infringement on 'Mister Softee' Marks, Trade Dress
Guishan Inc. v. Faith Ice Inc.
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Election Law
'Motor Voter' Law Breached by Failure to Name SUNY, CUNY Offices as Registration Agencies
United States v. State of New York
Full post as published by New York Supreme Court Criminal Term Library on March 29, 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

New Issue of Journal of Legal Education
Symposium Announcement - The Fall of the Economy: How New York Can Rise to the Challenge
Three recent decisions of interest
TX3: Sniff of backpack directed to be left in classroom was valid









