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| Schiff v. Possemato, 97965,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Stranded motorist furnished the occasion for, but did not cause, the injuries (fatal, in one case) of two pedestrians who came to his aid, when they were hit by a passing car. Therefore, he was not responsible for their injuries.
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| Shebar v. Metropolitan Life Ins. Co., 98482,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Trial court properly denied an agency's motion to dismiss a former employee's action alleging a violation of N.Y. Gen. Bus. Law § 349, as the employee's claim that the agency failed to properly investigate long-term disability claims by young claimants suffering from mental illness was sufficient to state a claim under the statute.
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| Spencer v. Connolly, 97605,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Undisputed northern easement gave grantees access to lake's "stone basin." The unambiguous deed, construed as matter of law, did not plainly and directly create a separate southern easement for the grantees to a lake's sandy shore over the grantors' land merely because that part of the easement clause referred to access to "the basin."
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| Tejada v. Leblanch, 2005-161 N C.,
SUPREME COURT OF NEW YORK, APPELLATE TERM, SECOND DEPARTMENT, January 5, 2006, Decided
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| Township of Thompson v. New York State Elec. & Gas Corp., 98295,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Utility customers' class action alleging overcharges for utility service was properly dismissed; a previous complaint by two corporations offered no guidance in deciding which other customers would be similarly situated, and the New York Public Service Commission was the preferable body to determine whether the customers also were overcharged.
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| Villegas v. FC Battery Park Assoc., LLC, 7492,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided
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| Ware v. Baxter Health Care Corp., 98530,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Manufacturer's affidavits in response to claims of laboratory worker that cover used with "clean room" shoes had come in contact with floor, causing her to trip, did not directly address the worker's claims, so summary judgment should not have been granted in its favor.
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| Webster v. Town of Saugerties, 98528,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Landowner that appeared to have been involved in relocating, maintaining, and warning about railroad crossing arguably assumed a duty coextensive with that of the railroad to assure safety of motorists at the crossing.
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| Wilber v. Breen, 97850,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Conclusory statements by medical witnesses that parroted the language of N.Y. Ins. Law § 5102(d) were insufficient to show that personal injury plaintiff had suffered a serious injury within the meaning of that statute.
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