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New York Decision Roundup - December 7, 2012

12/7/2012 COMMENTS (0)

People v. Nathaniel Husband (Crim. Ct., City of New York)
Criminal Justice – Samples
Defendant was not required to provide additional DNA sample following subsequent conviction. Robert M. Mandelbaum, J. 
 

 

Estate of Nuo Djeljaj, a/k/a Nua Gjeljaj, Deceased (Sur. Ct., Bronx County)
Estate Planning and Probate – Estate Administration
Movant who controlled company that invested decedent’s money was required to file formal account. Lee L. Holzman, J. 
 

 

170 West End Avenue Owners Corp v. R. Leah Turchin (Civ. Ct., City of New York)
Real Property – Landlord and Tenant
Tenant failed to establish claim of constructive eviction. Sabrina B. Kraus, J. 
 

 

Jamie Keeling v. New Rock Theater Productions, LLC, Eve Hars, Ethan Garber (S.D.N.Y.)
Copyrights – Experts
Failure to retain expert concerning parody law did not warrant dismissal of copyright infringement action. Thomas P. Griesa, District Judge 
 

 

U.S. v. Robert Coplan, Martin Nissenbaum, Richard Shapiro, Brian Vaughn, Charles Bolton, David L. Smith (2d Cir.)
Criminal Justice – Conspiracy
There was insufficient evidence to support tax attorney’s conviction for conspiracy. Jose A. Cabranes, Circuit Judge 
 

 

Richard M. Metz, as Personal Representative of Estate of Mary Helen Metz, Deceased v. State of New York (N.Y.)
Government – Tort Claims
Statutory obligations regarding inspection of vessels did not create special duty of care. Lippman, Chief Judge 
 

 

Kristin Kahkonen Dupree v. James E. Giugliano (N.Y.)
Health – Malpractice
Evidence supported jury’s finding that physician’s sexual relationship with patient interfered with treatment. 
 

 

People v. Tyrone Watson (N.Y.)
Criminal Justice – Drugs
Agency may not be interposed as defense to charge of criminal facilitation of drug sale. Graffeo, J. 
 

 

Charles Raffa, Jr. v. City of New York, U.R.S. Corporation (N.Y. App. Div., 1st Dep’t)
Government – Tort Claims
Factual issue as to whether city had notice of ice at work site precluded summary judgment. Tom, J.P 
 

 

People ex rel. Patrick Day v. New York State Department of Corrections and Community Supervision, Warden, Rikers Island Correctional Facility (Sup. Ct., Bronx County)
Criminal Justice – Parole
Parolee was denied his due process right to attend preliminary parole revocation hearing. Richard L. Price, J. 
 

 


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