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State Courts -
New York - January 9, 2007
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Carrero v. General Fork Lift Co., Inc., 2005-08460, (Index No. 24146/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: In plaintiff's action to recover for personal injuries suffered while operating a pallet jack, the trial court properly instructed jury on doctrine of implied assumption of risk based on the evidence. On the date of the accident at issue, plaintiff operated the pallet jack even though he was aware that its brakes had not yet been repaired.
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Certain Underwriters at Lloyd's London v. Pneumo Abex Corp., 10043N, Index 602493/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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Chan v. Barry, 2006-00818, (Index No. 3574/00),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: Pursuant to stipulation, defendants were required to pay to plaintiffs full amount agreed to under stipulation no later than May 19, 2005, but plaintiffs proffered proof of nonpayment and that requisite notice of default under stipulation was sent. Court properly entered judgment and supplemental judgment based upon stipulation.
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Cronin v. Sordoni Skanska Constr. Corp., 9401N, Index 103854/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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Ferrante v. Wold, 2005-00473, 2005-01231, 2005-07053, (Index No. 45418/99),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: Trial court properly denied claimant's motion to retain the sum of money his insurance company gave to him under an agreement that if he obtained more through settlement, he would return the sum, as the sum of money was returnable under the agreement; however, claimant was also entitled to enforce settlement, which was not subject to any offset.
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