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   State Courts - New York - January 9, 2007

  
Mele v. Okubo, 2005-07534, (Index No. 29107/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: Trial court erred in granting plaintiff's motion for leave to enter judgment against defendant for failure to appear or answer plaintiff's complaint seeking to impose a constructive trust, as defendant provided a reasonable excuse for his default as required by CPLR 5015(a)(1), and established a meritorious defense to the claim.

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Miraglia v. H & L Holding Corp., 9990, Index 25228/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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Overview: Since the planking from which a worker fell was insufficient to protect the worker from the elevation-related hazard, liability pursuant to Labor Law § 240(1) was established. At most, any failure to double the planks was comparative negligence, which was not a defense to a Labor Law § 240(1) claim.

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Neuman v. Zurich N. Am., 2005-07048, (Index No. 3104/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Otero v. 971 Only U, Inc., 10002N, Index 15079/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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People v. Beauliere, 2002-10709, (Ind. No. 5211/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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People v. Brooks, 2005-08844, (Ind. No. 1636/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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People v. Carter, 2005-01151, (Ind. No. 2333/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: It was proper not to submit petit larceny and fifth- degree criminal possession of stolen property as lesser-included offenses of fourth-degree grand larceny and fourth-degree criminal possession of stolen property under CPL 300.50(1); there was no reasonable view of evidence that defendant committed lesser offenses without committing greater ones.

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People v. Dominique, 2002-07572, (Ind. No. 2825/00), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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Overview: Defendant was convicted of attempted murder in second degree and conspiracy in second degree but acquitted of attempted murder in first degree and assault in second degree. Because charged elements were not identical, fact that jury acquitted on assault charge but convicted on attempted murder charge did not render verdict repugnant.

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People v. Durant, 2004-07742, 2004-07743, (Ind. No. 123/04, S.C.I. No. 1643/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 9, 2007, Decided
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People v. Figueroa, 9996, Ind. 4023/89, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 9, 2007, Decided , January 9, 2007, Entered
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