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| Kelly v. Berberich, 9734, Index 116715/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Store was entitled to summary judgment in driver's action arising of accident that occurred when shopping cart entered highway from store's parking lot because store showed it neither created nor had actual or constructive notice of condition, and driver submitted no evidence that store created slope of parking lot or left carts unattended.
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| Maines Paper & Food Serv., Inc. v. Losco Group, Inc., 500844,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: An order vacating an earlier default judgment against a contractor was affirmed because the contractor had shown that it did not have notice of the law suit until after the default was entered and the contractor had a meritorious defense for keeping the 10% retainage, pursuant to Gen. Mun. Law § 106-b, when the owner had not accepted the project.
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| Matter of Armbruster v. Commissioner of Labor, 500677,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: A decision of the New York Unemployment Insurance Appeal Board, which, inter alia, ruled that a claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed, was affirmed. The claimant continued to manage a corporation's boat harbor after resigning as a corporate officer.
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| Matter of Askew v. Commissioner of Labor, 500187,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: There was substantial evidence to support the New York Unemployment Insurance Appeal Board's findings that an employer exercised sufficient supervision, direction, and control over the manner in which a claimant was required to perform his work, including requiring a particular manner of dress, such that there was an employer-employee relationship.
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| Matter of Bender v. Commissioner of Labor, 500778,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Ruling that claimant was disqualified from receiving unemployment insurance benefits because employment was terminated due to misconduct was affirmed, as it may have been reasonably be inferred from testimony of employer's representatives that claimant attempted to steal mattress pad..
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| Matter of Cabassa v. Goord, 500460,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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| Matter of DeOliveira v. Commissioner of Labor, 500814,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Appeal board properly determined that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed as claimant admitted that she worked as a tutor at an after-school program during the period she received benefits and failed to report that employment.
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| Matter of Dolan v. Goord, 500075,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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| Matter of ELRAC, Inc. v. Brooks, 10061N, Index 16791/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court erred in denying an insurance company's cross petition for a permanent stay of arbitration by the employee of a repair shop, because the record did not establish whether the insurance company issued an automobile liability insurance policy to the repair shop naming a corporation as an additional insured.
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