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Tuesday, May 24, 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
 
Liability Under Labor Law §240(1) After 'Runner' Decision Top
In their Trial Practice column, Robert S. Kelner, senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, analyze a widely cited 2009 Court of Appeals decision, notable for construing the Scaffold Law more expansively than some of the other relatively recent decisions of this Court.
 
Antitrust Enforcers Target Hospital Consolidations Top
In his Health Law column, Francis J. Serbaroli, a shareholder in Greenberg Traurig, writes that recent actions demonstrate that the FTC will try to stop hospital mergers even before there is any actual evidence that the merger will significantly lessen competition or result in higher costs. As importantly, the FTC will examine and if necessary force the breakup of hospital systems, no matter when they occurred, if the benefits promised at the time of the merger have not materialized.
 
Lenders Must 'Strictly Comply' With Foreclosure Notice Rules Top
 
Tech Investor Loses Bid to Recoup $6.3 Million Lost in Dreier Scam Top
 
Albany: Comptroller Asks Schneiderman to Join Public Corruption Probes Top
 
Justice McGuire Set to Join Dechert Top
 
News In Brief Top
 
Justices Uphold Court Order Requiring Reduction in California Prison Population Top
 
Comodore Factors Corp. v. Habib American Bank Top
Account Pledged as Collateral on Credit Line; Bank Has Superior Right Over Judgment
 
Castellano v. Seaport Park Condo. Top
Dismissal Is Precluded by Questions of Fact As to Who Is Liable for Plaintiff's Injuries
 
Matter of Perry v. 61 Jane St. Tenants Corp. Top
Board Properly Terminated Shareholder's Proprietary Lease in Interests of Co-op
 
Fung v. Holy Trinity Ukrainian Authocefalic Orthodox Church Top
Issues of Fact Preclude Summary Judgment To Landowners Regarding Strip of Land
 
RCPI Landmark v. Chasm Lake Management Services LLC Top
Landlord's Petition for Rent Not Previously Demanded Is Found Fatally Defective
 
Kaplan v. Khan Top
Pastor Granted Dismissal of Parishioner's Defamation Claim as Not Justiciable
 
Word v. Lord Top
Habeas Petition Improper Device to Test Post-Conviction Proceeding Shortcomings
 
Mori v. Saito Top
Counsel Did Not Breach Conduct Rule By Listening in on Late-Night Phone Call
 
Rodriguez v. Smith Top
Mens Rea Claim for Manslaughter 1 Did Not Permit Conviction for Lesser Offense Rejected
 
Northwestern Nat'l Ins. Co. v. Insco Ltd. Top
Appointment of Replacement Arbitrator Would Frustrate Parties' Intent Under Pact
 
In re Citigroup Inc. Shareholder Derivative Litig. Top
Amended Shareholder Derivative Complaint Dismissed; Futility of Prior Demand Not Shown
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Court of Appeals Endorses Robust In Pari Delicto Defense Top
Ethan D. Wohl, a member of Wohl & Fruchter, discusses the Court of Appeals' decision in Kirschner v. KPMG LLP, writing: By establishing a near per se rule of non-liability, without regard to the third party's intent, the benefit it derived, or level of assistance it provided, the majority rule seems unlikely to achieve the appropriate level of compensation or deterrence.
 

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