LATEST SUMMARIES
• Highland Capital Mgmt. LP v. Leonard Schneider
• Zorn v.
Gilbert
• People v. Havrish
• People v. Dean
• Nilsson
v. Dep't of Envtl.Prot.. of City of New York
• 328 Owners Corp.
v. 330 West 86 Oaks Corp.
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LATEST SUMMARIES
BANKING LAW, COMMERCIAL LAW, RETAIL
Highland
Capital Mgmt. LP v. Leonard Schneider, No. 38
In
answer to a certified question by the U.S. Court of Appeals for the
Second Circuit, eight promissory notes at issue in the case fall
within the definition of a security as contemplated by section
8-102(a)(15) of the New York Uniform Commercial Code. Read
more...
CIVIL PROCEDURE, PER CURIAM, PROFESSIONAL
MALPRACTICE
Zorn
v. Gilbert, No. 86 SSM 6
Legal malpractice cause of
action is reinstated where the Appellate Division erred in holding
that plaintiff's cause of action was time-barred. Read
more...
CRIMINAL LAW & PROCEDURE, EVIDENCE
People
v. Havrish, No. 31
In case where defendant complied
with an order of protection to turn over his firearms to police, and
he produced an unlicensed handgun, accusatory instrument charging
defendant with criminal possession of a weapon is dismissed, and
denial of motion to suppress is reversed where defendant's surrender
of the handgun was privileged under the Fifth Amendment. Read
more...
CRIMINAL LAW & PROCEDURE, PER CURIAM,
SENTENCING
People
v. Dean, No. 35
Conviction and sentence based on
guilty plea to possessing a sexual performance by a child are
modified such that defendant's sentences will run concurrently
rather than consecutively. Read
more...
ENVIRONMENTAL LAW, PROPERTY LAW & REAL ESTATE, WATER
LAW
Nilsson
v. Dep't of Envtl.Prot.. of City of New York, No.
37
In case involving plan to build a house on a
parcel of vacant land within the New York City Watershed, reversal
by appellate division of order upholding denial of permit and of
variance to subsurface sewage treatment system is modified as the
question whether he demonstrated substantial hardship must be
remitted to appellants for reconsideration since respondents failed
to provide information concerning contiguous holdings to appellants.
Read
more...
GOVERNMENT LAW, PROPERTY LAW & REAL
ESTATE
328
Owners Corp. v. 330 West 86 Oaks Corp., No. 34
Under
the circumstances presented in this case, land use restrictions as
set forth in article 16 of the General Municipal Law and referenced
in the recitals of a deed to real property can be enforced against a
successor grantee. Read
more...
