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State Courts -
New York - January 5, 2006
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Doherty v. County of Albany, 98408,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: An affidavit of a county civil engineer submitted by defendants in a dispute with a property buyer over a storm water system established prima facie defendants' entitlement to summary judgment. The engineer's search of records revealed nothing reflecting that defendants owned, installed, or maintained the system on the buyer's property.
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East Harlem Mgt. Group, Inc. v. Silbermann, 7512,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Federated Dept. Stores, Inc. v. Twin City Fire Ins. Co., 6075,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Trial court erred in declaring that an insurer was equitably estopped from denying coverage to plaintiffs in an underlying action, as the insurer did not know that plaintiff store was not an additional insured at the time the insurer assumed the defense, and estoppel could not be used to create coverage where none existed.
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Gneco v. City of New York, 7071,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Appeals court ordered new trial and set aside JNOV for city since evidence indicated that it negligently maintained a bus lane road barrier that driver ran into when driving into bright sun and entering dark tunnel. Barrier warnings were nonexistent or not working, but evidence also indicated driver could have been partly negligent.
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Hennessey v. Rest. Assoc., Inc., 7218,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: A landlord was not liable for negligent spoliation of evidence with regard to a butane canister gas stove in a cafeteria operated by its tenant; the landlord was never notified of an impending lawsuit and was not asked for the stove by the tenant until four years after the accident leading to a personal injury action.
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Herrera v. Braunstein, 570108/04.,
SUPREME COURT OF NEW YORK, APPELLATE TERM, FIRST DEPARTMENT, January 5, 2006, Decided
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Overview: In a civil assault case, where plaintiff failed to present any medical testimony or evidence as to his injury or any emotional distress, a jury's award of $ 500,000 for compensatory damages and $ 100,000 for punitive damages was grossly excessive and required a new trial as a mere reduction of the awards would not be an adequate remedy.
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Home Ins. Co. in Liquidation v. Accident & Cas. Ins. Co. of Winterthur Switzerland, 7495N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Marita Car Rentals, Inc. v. Ishtiaq, B74655,
CITY COURT OF NEW YORK, BUFFALO, January 5, 2006, Decided
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Overview: While there were certified mail receipts in the file, since they were not the signed return receipt card or the original envelope that was returned and marked "unclaimed" as required, service was defective under N.Y. Veh. & Traf. Law § 253(2), and personal jurisdiction was not obtained on the driver or renter of a rental car.
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