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St. John's Law Review

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Harassment Violation Conviction Cannot Be The Basis For The Use Of Collateral Estoppel In A Subsequent Civil Action, Jack Wilk Jul 2012

Harassment Violation Conviction Cannot Be The Basis For The Use Of Collateral Estoppel In A Subsequent Civil Action, Jack Wilk

St. John's Law Review

No abstract provided.


Banking Law § 673: Violations Of Civil Banking Regulations Held To Constitute Criminal Misapplication Of Bank Funds, John James Lynch Jul 2012

Banking Law § 673: Violations Of Civil Banking Regulations Held To Constitute Criminal Misapplication Of Bank Funds, John James Lynch

St. John's Law Review

No abstract provided.


Cplr 1411: Comparative Negligence Statute Applies To Loss Of Consortium Action And Operates To Reduce Consortium Award By Degree Of Spouse's Contributory Negligence, William R. Moriarty Jul 2012

Cplr 1411: Comparative Negligence Statute Applies To Loss Of Consortium Action And Operates To Reduce Consortium Award By Degree Of Spouse's Contributory Negligence, William R. Moriarty

St. John's Law Review

No abstract provided.


The Survey Of New York Practice Table Of Contents, St. John's Law Review Jul 2012

The Survey Of New York Practice Table Of Contents, St. John's Law Review

St. John's Law Review

No abstract provided.


Is Trustee Independence A Prerequsite To Deductible Gift-Leaseback Rental Payments?: May V. Commissioner, Nancy Scappaticci Jul 2012

Is Trustee Independence A Prerequsite To Deductible Gift-Leaseback Rental Payments?: May V. Commissioner, Nancy Scappaticci

St. John's Law Review

No abstract provided.


Measure Of Damages For Insider Trading: Elkind V. Liggett & Meyers, Inc., William K. Sanders Jul 2012

Measure Of Damages For Insider Trading: Elkind V. Liggett & Meyers, Inc., William K. Sanders

St. John's Law Review

No abstract provided.


Equitable Estoppel: Does Governmental Immunity Mean Never Having To Say You're Sorry?, Mary R. Alexander Jul 2012

Equitable Estoppel: Does Governmental Immunity Mean Never Having To Say You're Sorry?, Mary R. Alexander

St. John's Law Review

No abstract provided.


Education Of Handicapped Children: The Iep Process And The Search For An Appropriate Education, Bruce G. Sheffler Jul 2012

Education Of Handicapped Children: The Iep Process And The Search For An Appropriate Education, Bruce G. Sheffler

St. John's Law Review

No abstract provided.


On Judgments And Settlements In Antitrust Litigation: When Should Damages Be Trebled?, Kent S. Bernard Jul 2012

On Judgments And Settlements In Antitrust Litigation: When Should Damages Be Trebled?, Kent S. Bernard

St. John's Law Review

No abstract provided.


No Cause Of Action May Be Maintained By A Nonpatient Kidney Donor Under The Rescue Doctrine, Victoria D. Salhus Jul 2012

No Cause Of Action May Be Maintained By A Nonpatient Kidney Donor Under The Rescue Doctrine, Victoria D. Salhus

St. John's Law Review

No abstract provided.


Blood Sample Taken Without Defendant's Consent During A Prearrest Investigation Is Inadmissible In Subsequent Prosecution Unless Taken Pursuant To An Authorizing Court Order, Robert J. Gunther Jr. Jul 2012

Blood Sample Taken Without Defendant's Consent During A Prearrest Investigation Is Inadmissible In Subsequent Prosecution Unless Taken Pursuant To An Authorizing Court Order, Robert J. Gunther Jr.

St. John's Law Review

No abstract provided.


Search Warrant May Be Issued To Compel A Suspect To Supply A Blood Sample Prior To Arrest Provided Probable Cause Exists And There Is Both A Clear Indication That Relevant Material Evidence Will Be Found And A Safe, Reliable Means Of Obtaining The Sample, Michael J. Gunnison Jul 2012

Search Warrant May Be Issued To Compel A Suspect To Supply A Blood Sample Prior To Arrest Provided Probable Cause Exists And There Is Both A Clear Indication That Relevant Material Evidence Will Be Found And A Safe, Reliable Means Of Obtaining The Sample, Michael J. Gunnison

St. John's Law Review

No abstract provided.


N.Y.U.C.C. § 3-206: Depository Bank Prohibited From Attaining Holder In Due Course Status When It Pays Inconsistently With A Restrictive Indorsement The Bank Itself Supplied, Donna M. Morello Jul 2012

N.Y.U.C.C. § 3-206: Depository Bank Prohibited From Attaining Holder In Due Course Status When It Pays Inconsistently With A Restrictive Indorsement The Bank Itself Supplied, Donna M. Morello

St. John's Law Review

No abstract provided.


N.Y.U.C.C. § 2-318: In An Action For Personal Injuries Based Upon Breach Of An Implied Warranty Of A Product Sold After 1975, Privity Between Plaintiff And A Third-Party Defendant-Manufacturer Is Not Required, Donald M. Miehls Jul 2012

N.Y.U.C.C. § 2-318: In An Action For Personal Injuries Based Upon Breach Of An Implied Warranty Of A Product Sold After 1975, Privity Between Plaintiff And A Third-Party Defendant-Manufacturer Is Not Required, Donald M. Miehls

St. John's Law Review

No abstract provided.


Scpa § 201: Statute Permits Jurisdiction Over An Eviction Proceeding Related To The Administration Of The Decedent's Estate, But Does Not Confer Jurisdiction Over Tenants' Claims Of Malicious Prosecution And Abuse Of Process Against Executor, Zachary S. Goldberg Jul 2012

Scpa § 201: Statute Permits Jurisdiction Over An Eviction Proceeding Related To The Administration Of The Decedent's Estate, But Does Not Confer Jurisdiction Over Tenants' Claims Of Malicious Prosecution And Abuse Of Process Against Executor, Zachary S. Goldberg

St. John's Law Review

No abstract provided.


Real Prop. Law § 235-B: Implied Warranty Of Habitability Held Applicable To New York City-Owned Residential Property, Marie B. Darienzo Jul 2012

Real Prop. Law § 235-B: Implied Warranty Of Habitability Held Applicable To New York City-Owned Residential Property, Marie B. Darienzo

St. John's Law Review

No abstract provided.


Educ. Law § 3014-B: Takeover Statute Confers Rights On The Most Senior Of The Boces Teachers In The Tenure Area Who Are Excused Because Of The Takeover, Lorraine Novinski Jul 2012

Educ. Law § 3014-B: Takeover Statute Confers Rights On The Most Senior Of The Boces Teachers In The Tenure Area Who Are Excused Because Of The Takeover, Lorraine Novinski

St. John's Law Review

No abstract provided.


Criminal Forfeiture And The Necessity For A Post-Seizure Hearing: Are Cce And Ricorackets For The Government?, Jean A. Hegler Jul 2012

Criminal Forfeiture And The Necessity For A Post-Seizure Hearing: Are Cce And Ricorackets For The Government?, Jean A. Hegler

St. John's Law Review

No abstract provided.


The Supreme Court Under Pressure: A Comparative Analysis Of United States V. Nixon And Nixon V. Fitzgerald, Anne Y. Shields Jul 2012

The Supreme Court Under Pressure: A Comparative Analysis Of United States V. Nixon And Nixon V. Fitzgerald, Anne Y. Shields

St. John's Law Review

No abstract provided.


New Federal Rule 26: A Litigator's Perspective, Peter M. Fishbein Jul 2012

New Federal Rule 26: A Litigator's Perspective, Peter M. Fishbein

St. John's Law Review

No abstract provided.


Sanctioning Attorneys For Discovery Abuse Under The New Federal Rules: On The Limited Utility Of Punishment, Abraham D. Sofaer Jul 2012

Sanctioning Attorneys For Discovery Abuse Under The New Federal Rules: On The Limited Utility Of Punishment, Abraham D. Sofaer

St. John's Law Review

No abstract provided.


Foreword, Paul A. Batista Jul 2012

Foreword, Paul A. Batista

St. John's Law Review

No abstract provided.


Real Estate Investments, Public Offerings, And The New York Real Estate Syndicate Act, Leslie J. Levinson Jul 2012

Real Estate Investments, Public Offerings, And The New York Real Estate Syndicate Act, Leslie J. Levinson

St. John's Law Review

No abstract provided.


Evidence Obtained Through A Police Informant In A Non-Custodial Setting Must Be Suppressed If The Police Knew That The Defendant Was Represented By Counsel On A Pending, Unrelated Criminal Charge, Lisa Schreibersdorf Jul 2012

Evidence Obtained Through A Police Informant In A Non-Custodial Setting Must Be Suppressed If The Police Knew That The Defendant Was Represented By Counsel On A Pending, Unrelated Criminal Charge, Lisa Schreibersdorf

St. John's Law Review

No abstract provided.


An Employee Who Is Hired For No Specific Duration But Who Has Received Assurances That He Would Not Be Terminated Without Just Cause May Maintain A Breach Of Contract Action For Wrongful Termination, Daniel P. Venora Jul 2012

An Employee Who Is Hired For No Specific Duration But Who Has Received Assurances That He Would Not Be Terminated Without Just Cause May Maintain A Breach Of Contract Action For Wrongful Termination, Daniel P. Venora

St. John's Law Review

No abstract provided.


A Criminal Defendant Has No Constitutional Right To Standby Counsel While Conducting A Pro Se Defense, Donna M. Hitscherich Jul 2012

A Criminal Defendant Has No Constitutional Right To Standby Counsel While Conducting A Pro Se Defense, Donna M. Hitscherich

St. John's Law Review

No abstract provided.


Actions In Breach Of Contract And Fraudulent Misrepresentation Against Private Educational Institution Will Not Be Entertained When Allegations Of Complaint Attack Quality Of Education, Diane M. Trippany Jul 2012

Actions In Breach Of Contract And Fraudulent Misrepresentation Against Private Educational Institution Will Not Be Entertained When Allegations Of Complaint Attack Quality Of Education, Diane M. Trippany

St. John's Law Review

No abstract provided.


Cplr 203(B)(5): Filing Of Summons With County Clerk Is Effected Upon Mailing Of Summons, Not Upon Actual Receipt By County Clerk, Steven J. Gartner Jul 2012

Cplr 203(B)(5): Filing Of Summons With County Clerk Is Effected Upon Mailing Of Summons, Not Upon Actual Receipt By County Clerk, Steven J. Gartner

St. John's Law Review

No abstract provided.


The Survey Of New York Practice Table Of Contents, St. John's Law Review Jul 2012

The Survey Of New York Practice Table Of Contents, St. John's Law Review

St. John's Law Review

No abstract provided.


The Demise Of The Liability Limitations Of The Warsaw Convention--An Unnecessary Fatality: Franklin Mint Corp. V. Trans World Airlines, Inc., Kenneth J. Vianale Jul 2012

The Demise Of The Liability Limitations Of The Warsaw Convention--An Unnecessary Fatality: Franklin Mint Corp. V. Trans World Airlines, Inc., Kenneth J. Vianale

St. John's Law Review

No abstract provided.