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New York Law Journal: Decisions of Interest October 21, 2010.

By David Badertscher, PLL

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Thursday, October 21, 2010

Supreme Court, Queens County, Part 10
Torts
Five-Year-Old Big Apple Map Held to Be Valid Notice of Defect in Trip and Fall Case
Weissman v. The City of New York, 12209/09

U.S. District Court for the Eastern District
Civil Rights
New York City Permanently Enjoined From Using Current Examination to Screen Firefighter Applicants
U.S. v. City of New York, 07-cv-2067 (NGG) (RLM)

NEW YORK COUNTY
Business Law
Shareholder Found Not to Have Breached Fiduciary Duty by Requesting Repayment
Leiser v. System D Restaurant Holdings Inc.

NEW YORK COUNTY
Landlord/Tenant Law
Landlord Fails to Show Tenant Did Not Use Unit as Primary Residence
Extell 609 W. 137th St. LLC v. Bonilla-Morel

APPELLATE TERM
Civil Practice
Divided Panel Reverses Order Granting Insurer Vacatur of Default Judgment
A.M. Medical Services PC v. Liberty Mutual Insurance Co.

QUEENS COUNTY
Business Law
Permanent Injunction, Constructive Trust Granted Against Dissident Church Members
Classis of Queens Reformed Church in America v. Members of the Superceded Consistory of the Taiwanese American Reformed Church in Queens

SUFFOLK COUNTY
Real Property
In Foreclosure Action, Court Denies Bank Order of Reference for Inconsistencies
Deutsche Bank Trust Co. v. McCoy

SUFFOLK COUNTY
Civil Practice
Court Rejects Bid for Subpoena as Labor Union Leader Privilege Ruled Inapplicable
Matter of Suffolk County Ethics Commission v. Felice

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Principal's Decision to Demote Assistant May Have Been Motivated by Pregnancy
Herbert v. City of New York

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Constitutional Law
No Defamation Found Where Headline Does Not Mention Plaintiffs' Names
Triano v. Gannett Satellite Information Network Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Fired Employee May Be Entitled To Damages on Withheld Commissions
Dreyfuss v. eTelecare Global Solutions-US Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Complaint Sufficiently Alleges Individuals' Connection With Sites That Sold Counterfeits
Balenciaga America Inc. v. Dollinger

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Realigns Parties to Create Complete Diversity in Declaratory Judgment Action
Gurney's Inn Resort & Spa Ltd. v. Benjamin

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Full post as published by New York Supreme Court Criminal Term Library on October 21, 2010 (boomark / email).