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State Courts -
New York - January 11, 2007
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Matter of Stantec Consulting Group v. Fonda-Fultonville Cent. School Dist., 500905,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Where the gravamen of a school district's claim had to do with an architect firm's ordinary professional obligations and arose not out of a contract but rather out of the firm's duty of care by reason of its professional relationship to the district, General Obligations Law § 17-103(1) did not apply to bar a tolling agreement between the parties.
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Matter of Thornton & Naumes, LLP v. Athari Law Off., 501021,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Matter of Williams v. Goord, 500457,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Matter of Willingham v. Huston, 10060N, Index 7119/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Matter of Yan W. v. Tsen-Tsen J., 10059,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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McGuinness v. John P. Picone, Inc., 500282,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Workers' Compensation Board's ruling that doctrine of laches was not applicable against State Insurance Fund (SIF) was affirmed, as board found SIF acted diligently in defense of claim and fact that SIF was able to obtain reduction in the award, together with other proof in the record, supplied substantial evidence supporting Board's determination.
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McKenna v. Connors, 97541,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: In plaintiffs' medical malpractice action, the trial court properly denied plaintiffs' motion for a continuance and dismissed the action because the unavailability of an expert was of plaintiffs' own making, and while plaintiffs' counsel was otherwise engaged, plaintiffs failed to show why another member of counsel's firm could not try the case.
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New York Cent. Mut. Fire Ins. Co. v. Wood, 500866,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly denied an insurance company's cross motion for summary judgment in an action seeking a declaration that it was obligated to defend and indemnify a driver, as there was a triable question of fact as to whether the driver intended to injure anyone when he drove his vehicle over a tent.
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Pautienis v. Legacy Capital Corp., 10045, Index 103264/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Baldwin, 16476,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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