Lifehacker is into its “Top Ten” end of the year mode and keeps the lists and links coming. Too good to pass up.
Thanks to Lifehacker for putting together this excellent list with links to download each of these free programs.
CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Goldstein v. N.Y. State Urban Dev. Corp., No. 178
In a state constitutional challenge to an eminent domain proceeding, judgment for respondent is affirmed where: 1) it was indisputable that the removal of urban blight is a proper, and, indeed, constitutionally sanctioned, predicate for the exercise of the power of eminent domain and 2) the creation of low income housing was not constitutionally required under article XVIII of the New York constitution as an element of a land use improvement project that did not entail substantial slum clearance.
CONTRACTS, PROPERTY LAW & REAL ESTATE
Riverside S. Planning Corp. v. CRP/Extell Riverside, L.P., No. 171
In a breach of contract action concerning the development of a property, dismissal of the complaint is affirmed where the agreement’s sunset clause plainly established that it had expired, at the latest, 10 years after it was executed, meaning that it was of no force or effect when defendant acquired the property at issue.
CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Samandarov, No. 164
Defendant’s attempted murder conviction is affirmed where: 1) defendant did not submit enough proof of juror misconduct to warrant a hearing; and 2) the trial court did not abuse its discretion in denying a hearing regarding allegedly suppressed evidence because the sole basis for the hearing was handwritten notes that everyone present at the interviews at issue said never existed.
CRIMINAL LAW & PROCEDURE
People v. Davis, No. 172
Defendant’s conviction for sale of a controlled substance is affirmed where criminal possession was not a lesser included offense of criminal sale of a controlled substance, because it was possible to commit the sale crime without committing the possession crime.
INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
Affri v. Basch, No. 159
In a tort action arising out of injuries sustained by plaintiff while working on defendants’ property, summary judgment for defendants is affirmed where defendants did not exercise sufficient direction and control over plaintiff’s work to overcome the one or two-family dwelling exception found in Labor Law sections 240 and 241.
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From The Scout Report, Copyright Internet Scout Project 1994-2009.http://scout.wisc.edu/
ADMIRALTY, GOVERNMENT BENEFITS, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
Lee v. Astoria Generating Co., No. 161
In an action for indemnification arising out of an accident that occurred on navigable waters, the Appellate Division’s order reversing summary judgment for defendants is reversed where a barge containing an electricity generating turbine is a vessel under 33 U.S.C. section 905(b) of the Longshore and Harbor Workers’ Compensation Act, and that provision preempted plaintiff’s New York State Labor Law sections 240(1) and 241(6) claims.
ATTORNEY’S FEES, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Hargett v. Ticonderoga, No. 169
In petitioner’s appeal from an award of attorney’s fees to respondent in an Eminent Domain Procedure Law (EDPL) proceeding, the order is affirmed where EDPL section 702(B) provides for reimbursement of attorney’s fees and costs when a condemnee successfully challenges a condemnor’s authority to acquire real property in proceedings pursuant to EDPL section 207(A).
CIVIL RIGHTS, COMMUNICATIONS LAW, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT CONTRACTS, GOVERNMENT LAW
Walton v. N.Y. State Dept. of Corr. Servs., No. 149
In an action alleging that the portion of a telephone charge for collect calls from inmates that was allocated as a commission to the department of corrections violated the New York Constitution, dismissal of the complaint is affirmed where: 1) the collection of the commission did not constitute a tax; 2) the practice was not a “taking” in the absence of government compulsion; and 3) plaintiffs failed to establish that the commission bore no reasonable relationship to legitimate penological aims.
CONSTITUTIONAL LAW, FAMILY LAW, GOVERNMENT BENEFITS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
Godfrey v. Spano, No. 147
In a state constitutional challenge to two directives by executive and county officials that recognize out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits, dismissal of the complaint is affirmed where plaintiffs failed to specify a circumstance where taxpayer funds were expended as a result of the executive order at issue that would not have been expended in the absence of the order.
CONTRACTS, CORPORATION & ENTERPRISE LAW, ENTERTAINMENT LAW, EVIDENCE, INJURY AND TORT LAW, M&A, MEDIA LAW
Snyder v. Bronfman, No. 153
In an action to recover the value of plaintiff’s services in helping to achieve a corporate acquisition, specifically the acquisition of Warner Music from Time Warner, dismissal of the complaint is affirmed where plaintiff’s quantum meruit and unjust enrichment claims were barred by the statute of frauds contained in General Obligations Law section 5-701 (a)(10).
CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Gillyard, No. 168
Defendant’s criminal impersonation conviction is affirmed where the trial court erred in admitting evidence of a handcuff key to show familiarity and access to the tools of the charged crime, but the evidence of defendant’s guilt was overwhelming.
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
People v. Colon, No. 162
In an appeal from a denial of defendants’ motion under Criminal Procedure Law section 440.10 to vacate their murder convictions, the order is reversed where the prosecutor failed to correct a witness’s misleading testimony and, in addition, compounded these errors by repeating and emphasizing the misinformation during summation, and there was a reasonable probability that this affected the jury’s verdict.
CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Brown, No. 152
Defendant’s rape conviction is affirmed where defendant’s Sixth Amendment right to confrontation was not violated by the introduction of a DNA report processed by a subcontractor laboratory to the Office of the Chief Medical Examiner (OCME) through the testimony of a forensic biologist from OCME, because the report was not testimonial and therefore was not hearsay.
CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Alemany, No. 150
Defendant’s attempted rape sentence is affirmed where a hearing court may assess risk factor points to a defendant under the Sex Offender Registration Act where there was clear and convincing evidence that the defendant was undomiciled and lacked any history of living in shelters or community ties.
Also known as S66007/and A40007, the legislation has not yet formally been submitted to the Governor for his signature and assignment of a Chapter Number. However, the delay appears merely procedural rather than over any substantive issue.
You may access the Bill’s status, text, a brief summary and the Sponsors’ Memos (which contain a longer summary) at http://public.leginfo.state.ny.us/menugetf.cgi . ( note, in some instances you may be required to insert the Bill Number in the second box for Legislative Information, IE, either S66007 or A40007 and then adjust the year in the next box to 2009 before hitting “Search” )
Here are some of the major points covered by the legislation
• Requires the 90-day foreclosure notice currently sent for subprime loans to be expanded to include all home loans. This measure allows additional time for many more homeowners to work with their lender to try to find an affordable solution to prevent unnecessary foreclosures.
• Requires lenders who serve a 90-day notice on a homeowner to within three days of that service make a regulatory filing with the Banking Department with specified information. This regulatory filing will allow the Banking Department and the Division of Housing and Community Renewal (DHCR) to provide targeted assistance to distressed homeowners during the critical pre-foreclosure timeframe and closely monitor foreclosure statistics.
• Expands the scope of early mandatory settlement conferences to include borrowers of all home loans and not just borrowers with subprime loans.
• Establishes protections for tenants in foreclosed properties by requiring that they receive written notification of the change in ownership of the property and be permitted to remain in their home for the remainder of their lease term or 90 days, whichever is longer.
• Requires plaintiffs in a foreclosure action who obtain a judgment of foreclosure and sale to maintain the foreclosed property.
• Prevents brokers who perform distressed property consulting services from accepting upfront fees.
Hat tip to Harry Meyer of the Real Property Law Section for this post
The legislation had the support of New Yorkers for Responsible Lending, a state-wide coalition of 149 non-profit groups http://www.nedap.org/programs/nyrl.html
The New York Law Journal;Free With Registration: Judge Blasts Bank’s Foreclosure Conduct and Cancels Mortgage
By Vesselin Mitev
November 23, 2009
A lender’s “unconscionable, vexatious and opprobrious” conduct in attempting to foreclose on a Long Island home has prompted a state judge to cancel the mortgage on the property.
IndyMac Bank v. Yano-Horoski, 2005-17926, came before Suffolk County Supreme Court Justice Jeffrey A. Spinner (See Profile)as the result of a state law mandating pre-foreclosure settlement conferences between lenders and borrowers of subprime, or high-cost, home loans (NYLJ, Nov. 18).