New York Law Journal: Decisions of Interest December 17, 2007
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Chock Full O’Nuts Corp., plaintiff v. NRP LLC I, defendant-appellant
Subscription RequiredAPPELLATE DIVISION
FIRST DEPARTMENT
Landlord/Tenant Law
Usable Area Per-Square-Foot-Values of Comparison Properties Inapplicable to Calculate Gross Area’s FMRV
NEW YORK COUNTY
Legal Profession
Court Orders Referee to Oversee Future Depositions For Opposing Counsel's Conduct, Lack of Civility
Laddcap Value Partners LP v. Lowenstein Sandler PC
Subscription RequiredKINGS COUNTY
Insurance Law
Defendants Lack Standing to Request 'Fresh Money' To Settlement; Right Belongs to Plaintiff
Romano v. Whitehall Properties LLC
Subscription RequiredKINGS COUNTY
Civil Practice
Civil Court Vacates Initial Default Judgment; Finds Subsequent Supreme Court Order Raises Questions
Alpha Health Care Plus Medical v. Progressive Ins. Co.
Subscription RequiredQUEENS COUNTY
Civil Practice
Court Denies Motion to Quash Subpoena; Orders In Camera Review of Cell Phone Records
Morano v. Slattery Skanska Inc.
Subscription RequiredNASSAU COUNTY
Civil Practice
Insurer Fails to Show Arbitration Commenced More Than Six Years After Bill is Due; Stay Denied
Matter of St. Paul Travelers Ins. v. Complete Care Medical PC
Subscription RequiredNASSAU COUNTY
Criminal Practice
Defendant Violates Terms, Conditions of ACD By Possession, Arrest on New Marijuana Charge
People v. Barry Maharaj
Subscription RequiredU.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Waiver Bars Review of Authority to Impose Non-USSG Sentence When 'Fast-Track' Departures Unavailable
United States v. Ariel Liriano-Blanco
Subscription RequiredU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Court Rejects Assertion That Practice in District Is to Not Cite Adverse Authority in Certain Cases
Great Eastern Shipping Co. Ltd. v. Phoenix Shipping Corp.
Subscription RequiredU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Malpractice Suit Against Process Server Dismissed; Negligence, Proximate Cause Not Demonstrated
Bell v. Gotham Process Service Inc.
Subscription RequiredU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Alien Smuggler's Claim That Lawyer Said Sentence Was Days Not Months Rejected; §2255 Relief Denied
Tien Fa Chen v. United States
Subscription RequiredU.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Civil Practice
Privilege Issues Defeat Release of Bulk of State License Materials Sought by Nonprofit as to Logo
The Children First Foundation Inc. v. Martinez