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State Courts -
New York - January 16, 2007
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150 Nassau Assoc., LLC v. Liberty Mut. Ins. Co., 10, Index 603666/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Bailer v. Guardian Life Ins. Co., 2005-08741, (Index No. 40191/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Once the supreme court determined that a factual issue existed as to whether plaintiff's alleged mental illness constituted a sufficient mitigating circumstance as to a delay in giving notice of his insurance claim, a framed-issue hearing was not warranted and the motion for summary judgment should have been denied, N.Y. C.P.L.R. 3212(b), (c).
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Bell v. Bengomo Realty, Inc., 8800, Index 17249/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided
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Overview: Because an owner and a lessee contracted for the work, an injured electrician was entitled to summary judgment on the issue of liability under Labor Law §§ 240(1), 241(6); due to issues of fact about whether a trench was negligently excavated, a subcontractor was not entitled to summary judgment on common-law negligence and indemnification claims.
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Bianco v. Bianco, 2-3, Index 350207/97,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Overview: Because the children's trusts were a substitute for child support, borrowing from them violated the unambiguous prohibition against either party making any investment decisions for the trusts without the other's prior written consent; the motion court properly required information on the father's income and his payment of the children's tuition.
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Bridget M. v. Billick, 12, Index 107565/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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Bruno v. City of New York, 2005-11794, (Index No. 9501/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Plaintiff tripped and fell on elevated portion of public sidewalk adjacent to premises owned by church, and church made prima facie showing of entitlement to judgment as matter of law by submitting evidence that it did not perform any repairs to sidewalk, did not create defective condition, and did not use sidewalk for special purpose.
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Buckeye Retirement Co., LLC, Ltd. v. Quattrocchi, 2006-05230, (Index No. 101595/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because the judgment that a lender was seeking to enforce was entered in a supreme court, pursuant to CPLR 5210, 5221(a)(4), (b), the lender properly brought a contempt motion in the supreme court; accordingly, the supreme court erred in, sua sponte, removing the action to a civil court pursuant to CPLR 325(d).
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