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Wednesday, May 4, 2011

Y! Alert: NYLJ.com


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Richard Green (Fine Paintings) v. McClendon Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
 
Second Circuit Disapproves of Gifting, Affirms Designation in 'DBSD' Top
In his Bankruptcy Practice column, Cadwalader, Wickersham & Taft partner John J. Rapisardi discusses the Second Circuit's holding that a proposed "gifting" plan distributing value from certain secured lenders to the prepetition shareholder violated the absolute priority rule and was confirmed in error, a decision which also affirmed the designation of the vote of a competitor that had purchased an entire class of claims to block the plan's confirmation and acquire strategically the assets of the debtor.
 
Custody Evaluation Orders: Delineating the Parameters Top
In his Matrimonial Practice column, Timothy M. Tippins, an adjunct professor at Albany Law School, writes: Notwithstanding recommendations from the Matrimonial Commission, New York does not govern child custody evaluations with detailed statutory or rule-based requirements. This void renders the order which appoints a designated mental health professional to conduct an assessment a critically important document, but too often, little real thought is put into the construction of these orders.
 
Albany: Recusal Plan Draws Wide Range of Comments Top
 
Split Panel Says State Is Liable for Attack Committed 2 Years After Patient Eloped From Psychiatric Center Top
 
Entrapment Claim Rejected in Upholding Conviction of Terror Suspects Top
 
Deliberations Begin Anew in Insider Trading Trial Top
 
News In Brief Top
 
Fordham Law's Interim Dean Gets the Permanent Post Top
 
Schedule of Law School Commencements Top
 
Berger v. Pavlounis Top
Minority Shareholder Posits Prima Facie Case for Fraud, Fiduciary Duty Breach
 
Federated Retail Holdings Inc. v. Weatherly 39th St. LLC Top
Self-Insurance Retention Provision Retroactively Removed, Default Cured
 
Matter of Garcia v. NYC Dept. of Ed. Top
Hearing Officer Rejects Vacating Arbitration Award Against Teacher But Reduces Penalty
 
Yo! Braces Orthodontics PLLC v. Theodorou Top
Proposed Amendment Sufficiently States Cause of Action for Breach of Fiduciary Duty
 
Johns v. Ricco Top
Court Finds Client Received Value of Amount Paid in Fees, Rejects Bid for Refund
 
Capital One NA v. Alarm Warehouse LLC Top
Banking Law §602 Provides Capital One Same Entity as North Fork by a Merger
 
Gordon v. Softech International Inc. Top
Discovery Ordered for Claim That Reseller Violated Privacy by Disclosing DMV Data
 
Harris v. Fairweather Top
Wife of Tax Firm's Partner May Not Operate Her New Company From Firm's Bronx Office
 
Flyr v. City University of New York Top
Professor's Retaliation Claim Is Dismissed; College Election Found Not 'Public Concern'
 
Jenkins v. The TJX Companies Inc. Top
Initial Discovery Must Precede Entitlement To Class Member Data Under N.Y. Labor Law
 
Daniels v. Wesley Gardens Corp. Top
Claim of Hiring Refusal After Sealed Criminal Records' Disclosure Survives Dismissal Bid
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: New Policy for Personal Liability of LLC Members for Unpaid Sales Taxes Top
Timothy Lewis of T.W. Lewis & Co. discusses New York Tax Law §1131(1), how it can result in "unfortunate consequences" for certain partners and members who have no involvement in the business' affairs, and the qualification requirements for relief.
 

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