New York Law Journal Decisions of Interest August 17, 2007

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APELLATE DIVISION THIRD DEPARTMENT Criminal Practice Murder Conviction Reduced to Manslaughter; Despite Recklessness Depraved Indifference Not Shown
People, respondent v. Raymond C. George, appellant

NEW YORK COUNTY Civil Practice New York Does Not Have Substantial Nexus to Viagra Action; Dismissal for Forum Non Conveniens Granted
Jordan v. Pfizer Inc.
Subscription RequiredNEW YORK COUNTY Criminal Practice Dismissal of Child Endangerment Charges Denied; Statute Imposes Sanctions for Likelihood of Harm
People v. Brenda Ambers
Subscription RequiredKINGS COUNTY Criminal Practice Officer’s Pedigree Question Exception to ‘Miranda’; Defendant Denied Suppression of Statements
People v. Jakes Willis
Subscription RequiredKINGS COUNTY Civil Practice Guardian’s Civil Contempt Motion Granted For Failure to Turn Over Subpoenaed Documents
Matter of Chaimovitz
Subscription RequiredNASSAU COUNTY Civil Practice Letter to Clerk by Defendant Ruled Not Appearance Or Answer; Partial Judgment Entered on Liability
Westbury Fence 7 Guide Rail Co. Inc. v. Adler
Subscription RequiredSUFFOLK COUNTY Contracts Court Finds Investors’ Breach of Contract, Fraud Claims State Causes of Action and Not Time Barred
Drain v. Paragon Capital Management Corp.
Subscription RequiredU.S. COURT OF APPEALS, SECOND CIRCUIT Civil Practice Unwritten In-Court Settlement Is Binding; No Express Request for Writing Shown
Powell v. Omnicom
Subscription RequiredU.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Criminal Practice ‘Fast Track’ Argument Is Sufficiently Preserved For Appellate Review; Habeas Relief Is Denied
Urena v. United States
Subscription RequiredU.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Contracts Court Rules Advisory Fees Are Owed for Completed Transactions Post Contract Termination
Mercury Partners LLC v. Pacific Medical Buildings LP
Subscription RequiredU.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Criminal Practice Defendant’s Flight Tolls Statute of Limitations; NYPD Knowledge Not Imputed to Federal Officials

United States v. Pedro Francisco
Subscription RequiredU.S. DISTRICT COURT NORTHERN DISTRICT OF NEW YORK Taxation Government Wins Injunctive Relief to Stop Illegal Tax Shelter, Prevent Recurrence

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