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State Courts -
New York - January 3, 2006
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DiPierro v. City of New York, 6762,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: Appeals court granted summary judgment to crane firm because its submissions showing that it was entitled to judgment as matter of law were not controverted by falling pedestrian. Its submissions showed that its heavy vehicles were last on city street seven months before fall and did not leave depression and it did not have duty to maintain street.
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Dzieran v. 1800 Boston Rd., LLC, 7473-7474,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: Denial of property owner's motion for summary judgment on an injured worker's N.Y. Lab. Law § 241(6) claim was reversed because the worker's reliance on alleged violations of N.Y. Comp. Codes R. & Regs. tit. 12, §§ 23-1.15, 23-1.16, and 23-1.17 was misplaced as none of the safety devices mentioned were provided to him.
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Ford v. Chapman, 7477N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Luna v. Hyundai Motor Am., 7449 Index 118459/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: A car rental company was responsible for providing UM/UIM coverage it admittedly failed to procure, notwithstanding that a renter's daughter was not an authorized driver under the rental agreement. As the renter was the company's insured, the rental agreement's indemnification clause was barred by the antisubrogation rule.
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Mango v. Lower Manhattan Dev. Corp., 7454,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Matter of Dranov, M-2898,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided
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Overview: Given the nature of the attorney's misconduct in New Jersey involving misuse of client trust funds, disciplinary history, and lack of candor in a New Jersey hearing, a longer suspension in New York than the three-month retroactive suspension in New Jersey was appropriate. The attorney was suspended for two years prospectively in New York.
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Matter of LFL Gallery, Inc. v. City of N.Y. Dept. of Envtl. Protection, 109795/05,
SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 3, 2006, Decided
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Overview: The property owner's N.Y. Gen. Mun. Law § 50-e(5) application to serve a late notice of claim was granted. The City of New York, Department of Environmental Protection, had timely actual knowledge of the incident due to the owner's call reporting it. The City was not prejudiced by the delay, as it had access to documents relating to the incident.
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Matter of Landmark West! v. Tierney, 7442,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Matter of Sangro Mgt. Corp. v. New York State Div. of Hous. & Community Renewal, 7465 Index 104366/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 3, 2006, Decided , January 3, 2006, Entered
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Overview: In a case involving intervenor's right to succeed to an apartment where her mother was a tenant, proofs submitted were properly considered and sufficient to permit a rational finding of the requisite two-year residency without a hearing. Intervenor was not entitled to an award of legal fees under N.Y. Real Prop. Law § 234.
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