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State Courts -
New York - January 16, 2007
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Tereshchenko v. Lynn, 2006-00019, (Index No. 15641/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: In a patient's dental malpractice suit against a dental practice and an independent contractor, the contractor's stipulation with a patient to discontinue was a release, under General Obligations Law § 15-108, so the contractor's motion to discontinue should have been granted, and letting the practice claim the contractor's contribution was error.
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Vago v. Kaylyakov, 2005-09992, (Index No. 4968/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Although a letter was a valid disclosure notice under CPLR 3120, when the sellers never objected to that procedure, the record did not support the conclusion that the sellers wilfully and deliberately failed to produce a power of attorney; therefore, the trial court erred in precluding the introduction of the power of attorney at trial.
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