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State Courts -
New York - January 9, 2007
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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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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. 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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