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Tuesday, August 2, 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
 
Real Estate Workouts: Cancellation of Indebtedness Income, Part IV Top
In his Real Estate Securities column, Proskauer Rose partner Peter M. Fass furthers his analysis of cancellation of indebtedness income, discussing additional exceptions to the realization of COD Income in the context of restructuring or workout of a troubled property or a mortgage securing the property where the property does not generate sufficient cash to service the troubled loan or maintain the troubled property.
 
Congress Claims 'Rational Basis' for Challenged DOMA Restriction Top
 
Malpractice Plaintiff Must Share Sealed Records of Acquittal With Ex-Lawyer, Judge Determines Top
 
Sentence Enhancement for Mass Marketing Fraud Involving Organ Transplants Is Upheld by Circuit Top
A fugitive psychiatrist who started a website to lure "desperately ill" people to the Philippines for organ transplants rightly received added prison time for fraud "committed through mass-marketing," a federal appeals court has ruled.
 
Probation Sentence for Lawyer Who Lied to Federal Agent Top
 
Officer Loses Bid to Sue Over Report on Alleged Dog Abuse Top
 
Circuit Sides With SEC in Market Timing Case Top
 
Personal Notes on Lawyers Top
 
ABA, NALP Spar Over Collection of Data on Law School Graduate Employment Top
 
Reed Smith Adds Partners From DLA Top
 
Matter of Athanassiou v. Kelly Top
Court Uphold's Pension Fund's Decision To Retire Officer With ODR, not ADR Benefits
 
Brown v. NYC Housing Authority Top
Decision to Terminate Tenancy Ruled Supported by Substantial Evidence
 
Coleman v. Fenton Associates LLC Top
Building Owner Denied Dismissal of Invitee's Negligence Claim as Triable Issues Exist
 
Myrtle Owner LLC v. Ro-Sal Plumbing & Heating Inc. Top
Sponsor's Loses Bid to Cancel 'Blanket Liens' That Allegedly Improperly Identified Property
 
Verderame v. Vanleit Inc. Top
Petition to Discharge Ancient Mortgage Denied; Fails to Comply With RPAPL §1931
 
Anderson v. Janson Supermarkets LLC Top
Court Rejects Worker's Slander Claims Through Vicarious Liability Against Employer
 
Versatile Housewares & Gardening Systems Inc. v. Thill Logistics Inc. Top
Defendant May Not Recover Attorney's Fees Incurred From Breach of Contract
 
Jones v. Smith Top
16-Year-Old Affidavit Cannot Toll Petition Based on Actual Innocence Doctrine
 
Sheppard v. N.Y.S. Division of Parole Top
Alleged Procedural Defect Found Insufficient to Make Due Process Claim
 
Torres v. Monteli Travel Inc. Top
New York Lacks Jurisdiction Over Salsa Performer in Sexual Assault Suit
 
Immaculate Heart Central School v. N.Y.S. Public High School Athletic Assoc. Top
Catholic School's Action Regarding Athletic Classification Survives Dismissal
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: 'Padilla v. Kentucky' and the Hidden Costs of Criminal Conviction Top
Robert J. Kipnees, a member of Lowenstein Sandler, and Melissa Toner Lozner and Khizar A. Sheikh, counsels at the firm, write that recent decisions from the U.S. Supreme Court and the New York Court of Appeals blur the previous distinction between "direct" and "collateral" consequences, potentially requiring criminal defendants to be advised correctly about any number of consequences of criminal conviction that may be important to a particular defendant's decision whether to plead guilty.
 

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