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Blog Posts in April, 2007

60 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

WANNA HEAR JUDGES WHINE?

The New York County Supreme Court announced a " Law Day " celebration which made us cringe. The topic for the May 1, 2007 event is, " Judicial Independence and the Impact of Not Having ...
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NO GLASS-BLOWING IN MY BACK YARD!

Nathan & Elizabeth Hoogs were granted a special-use permit by the Town of Canaan (Columbia County) allowing them to produce hand-blown glass in an "accessory building" to be constructed ...
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GETTING IT IN THE REAR

If you get hit from behind while driving an automobile, the law assumes that the individual who slammed into you was "negligent," and responsible for any injuries and damage you have ...
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LICENTIOUS LOUSE LOSES LICENSE

The New York State Administrative Review Board for Professional Medical Conduct revoked a doctor's license for "practicing medicine fraudulently, practicing medicine with negligence on more than ...
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REGULATED TENANTS MAY TRAVEL AND HAVE SECOND HOMES

Can rent-regulated tenants travel or own a home? Believe it or not, we get asked that question almost every day. And many are surprised by the affirmative nature of the response. After all, regulated ...
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PIZZAGUY DENIED LIQUOR LICENSE FOR SEX ACTS

It's not easy getting a liquor license, particularly if you have a "record" with the New York State Liquor Authority. In 1996, Joseph Ruffino, Jr., while managing his father's pizzeria at ...
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LYNNE STEWART GOES BYE-BYE

Lynne F. Stewart was embroiled in a maelstrom when she was accused by the United States government of an array of wrongdoings committed during the course of her representation of a convicted ...
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"SHOCKINGLY FOUL ODORS" GET TENANT EVICTED

Rebecca Rosenbaum will be evicted from a Manhattan condominium for accumulating rotting food and other "matter" which caused a stench to be emitted from her apartment unit. While a New York ...
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SETTLEMENT MAY MAKE YOU A "PREVAILING PARTY"

James Sykes purchased a newly constructed penthouse apartment from RFD Third Avenue I Associates (RFD) for $3.9 million. Prior to closing, Sykes found a number of problems with the unit and a ...
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NEXT TIME OFFICER, DUCK!

Officer William R. O'Boy suffered a head injury while entering a "rear access door of a prisoner transportation bus" operated by the New York State Department of Corrections. After O'Boy ...
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IT'S HARDLY A SMOKING GUN

Can the owner of an unlicensed handgun, which is surrendered pursuant to a court's order of protection, invoke the Fifth Amendment? That was the question addressed by the New York State Court of ...
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RAOUL LIONEL FELDER GETS NO CONFIDENCE

Did you hear about the mutiny over at the New York State Commission on Judicial Conduct ? In a statement released on April 13, 2007, the Commission's members expressed disapproval of a book ...
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JUDGE BURIN GETS BURNED

It seems like quite a few people were "asleep at the wheel" up in Tompkin's County, New York. And, as a result, an administrative judge, William F. Burin, got himself formally reprimanded -- ...
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APPELLATE DIVISION SANCTIONS "RACKEETERING"

Last year, we took a look at the case of Helmsley-Spear, Inc. v. Fishman. In that dispute, union protesters situated themselves outside the Empire State Building and over the course of some 18 days ...
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ONLY 12 1/2 YEARS FOR KNIFING AN UNARMED MAN TO DEATH?

In People of the State of New York v. Gonzalez, Gonzalez was engaged in a confrontation with an unarmed man, who was only using his fists. Yet, in response, Gonzalez felt a need to use a knife to stab ...
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RUNNING WITH THE LAND

How enforceable are deed related land-use restrictions and do they run in perpetuity? Those were the questions reviewed by the New York State Court of Appeals in 328 Owners Corp. v. 330 W. 86 Oaks ...
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THIEVERY WASN'T IN HIS JOB DESCRIPTION?

Is the Archdiocese responsible for the misconduct of its priests? The answer will depend on whether the individual's actions were perpetrated in furtherance of church business and within the ...
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EX-COP CAN SUE FOR DEFAMATION

"Defamation" -- the publication of a false statement that injures someone's repu tation and exposes that individual to public condemnation, contempt, hatred or ridicule -- can get you in a ...
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UNFIT SMALL CLAIMS CASE LOST

One guiding principle at work in small claims cases is that litigants should be able to represent themselves and not need a lawyer's assistance.* To that end, small claims disputes are procedurally ...
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ORAL NOTICE DIDN'T TRIGGER RENEWAL

Tenants frequently negotiate a right to renew their leases subject to delineated terms and conditions which are usually embodied within the agreement. If those renewal requirements are not satisfied, ...
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PORN PALACE DENIED "YELLOWSTONE"

One of the easiest injunctions for a tenant to get -- particularly when faced with the threatened termination of its tenancy -- is the type known as a "Yellowstone" injunction.* The purpose ...
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AND THE WINNER IS ...

In 2000, New York Law School (NYLS) announced the creation of the Daniel Finkelstein Commencement Award as a way to honor our senior partner's distinguished career, and to acknowledge his many years ...
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WERE THEY WASTED AT MARGARETVILLE?

Homeowners living in the vicinity of the Bull Run Creek, located up north in the Village of Margaretville (Delaware County), sued the Village for the negligent reconstruction of the creek's walls. ...
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NO EVICTION OF TENANTS UNDERGOING CONVERSION

While the interests of landlords and tenants frequently diverge, the relationship can get quite contentious when the former decide to convert existing residential structures into condominiums or ...
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MERCHANTS SUBJECT TO 4 YEAR STATUTE FOR BREACH

In Wuhu Import & Export Corp. v. Capstone Capital, LLC, a container of men's apparel shipped to the United States went unclaimed by the buyer due to the lack of financing. Capstone later agreed to ...
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60 results found. Viewing page 1 of 3. Go to page 1 2 3   Next