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State Courts -
New York - January 5, 2006
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Alpha GmbH & Co. Schiffsbesitz KG v. BIP Indus. Co., 7488,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: In an action on a guaranty, assuming, without deciding, that the defense of fraudulent concealment was not barred by the guaranty's terms, it failed on the merits. The parties were not in a confidential or fiduciary relationship, and the allegedly concealed information, plaintiff's insolvency and dissolution, were matters of public record.
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Archer v. New York Tr. Auth., 6675,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Transit authority had duty, as common carrier, to see that bus passengers alighted safely. Whether bus driver reasonably should have seen a pothole into which passenger fell was question of fact that required resolution at trial.
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Brooks v. Parshall, 98398,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Denial of dog owners' motion to dismiss a dog bite injury action was improper, as plaintiffs failed to show that the dog had vicious propensities, and the dog owners met their initial burden of establishing lack of knowledge of vicious propensities. No one complained about the dog or its behavior prior to the bite at issue.
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Cohen v. Cohen, 7515N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: While a father was not entitled to a declaration that his daughter was emancipated, issues of fact existed regarding the parties' obligations regarding college expenses. Issues regarding the mother's failure to contribute and misappropriation of funds were not waived by failure to raise them in a prior family court proceeding.
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