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State Courts -
New York - January 9, 2007
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Tyras v. Mount Vernon Fire Ins. Co., 2006-04742, Index No. 2703/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: Because plaintiff raised questions of fact both as to the issue of an insured's alleged misrepresentation in an insurance application and whether such misrepresentation, if any, was material, under Insurance Law § 3105(a), the trial court properly denied the insurer's motion for summary judgment to rescind the subject policy.
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Watt v. Spencer, 10042N, Index 104359/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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Woolfalk v. New York City Hous. Auth., 9043, Index 112405/93,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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Overview: City housing authority's motion to correct clerical error in judgment entered in favor of plaintiff was granted and judgment was amended under CPLR 5019(a) because penultimate decretal paragraph of the judgment, on its face, reflected that a mistake was made in computing the present value of the future award less attorneys' fees and disbursements.
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Wunsch v. Cerwinski, 2005-11162, 2006-03460, Index No. 9314/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: Because a defendant's bare denial of service was insufficient to rebut the prima facie proof of proper service pursuant to CPLR 308(4) created by the process server's affidavit, the trial court properly denied the defendant's motion to vacate a default judgment as untimely under CPLR 5015(a).
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