Legal Research

New York Law Journal Decisions of Interest March 24, 2008

By David Badertscher, PLL

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APPELLATE DIVISION
FIRST DEPARTMENT
Criminal Practice
Court Lacks ?Inherent Power? to Compel Inmate?s Solitary Confinement to Prevent False Filings Against Judges
Fludd, petitioner v. Goldberg, respondents

NEW YORK COUNTY
Civil Practice
Prior Court Decision in America's Cup Dispute Permitted to Stand; Renewal, Reargument Denied
Golden Gate Yacht Club v. Societe Nautique de Geneve

NEW YORK COUNTY
Criminal Practice
Court Finds Grand Jury Instructions on 'Home Exception' to Weapon Possession Counts Erroneous
People v. Antoine Melville

NEW YORK COUNTY
Business Law
Personal Guaranty Absolute, Unconditional; Credit Issued to Company Sufficient Consideration
Israel Discount Bank of New York v. NCC Sportswear Corp.

NEW YORK COUNTY
Alternative Dispute Resolution
NASD Rule 2130 Did Not Alter Law Regarding Confirmation of Arbitration Awards, Expungement
Kay v. Abrams

NEW YORK COUNTY
Criminal Practice
Mere Presence at Scene Where Marijuana Found Insufficient to Establish Constructive Possession
People v. Rayshawn Key

NASSAU COUNTY
Contracts
Court Dismisses Some of Doctor's Affirmative Defenses; Single, Conclusory Sentences Insufficient
Falk v. Gallo

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Arms Dealer's Conviction, Sentence Affirmed; Panel Rejects Claim Court Misinterpreted USSG §2M5.2
United States v. Fernando Sero

U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Panel Upholds Dismissal of Adoption Agency's RICO Claims Against Former Joint Venture
Spool v. World Child International Adoption Agency

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Denial of Habeas Relief to Sex Offender Recommended; Indictment, Bill Specified Acts and Time Committed
Palmer v. Marshall

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Court Consolidates Actions Against New Jersey Firm By Allegedly Alter Ego Hong Kong Umbrella Exporters
Everglory Company Inc. v. Shaw Creations Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Bankruptcy
Landlord's Bid to Stay Bankruptcy Court's Orders Pending Appeal Denied; Irreparable Harm Not Shown
Triple Net Inv'ts IX LP v. DJK Residential LLC

Full post as published by New York Supreme Court Criminal Term Library on March 24, 2008 (boomark / email).